Wine Act Forms Regulation

Original Language Title: Weingesetz-Formularverordnung

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13 regulation of the Federal Minister for agriculture and forestry, environment and water management on accompanying documents and other forms under the wine Act 2009 (wine law form Regulation)

On the basis of articles 27 and 28 of the wine Act 2009, Federal Law Gazette I no. 111 in the version of Federal Law Gazette I is no. 111/2010, prescribed:

1 SECTION

Forms for the carriage of wine products

General information

§ 1 (1) for the purpose of implementing the rate control (§ 23 wine Act 2009) and on the implementation of Regulation (EC) No. 436/2009 of the Commission by 26 May 2009 laying down detailed rules for the application of Regulation (EC) No. 479/2008 of the Council as regards the vineyard register, compulsory declarations and the collection of information for the monitoring of the market, the documents accompanying the carriage of wine products and the registers to be kept in the wine sector (OJ No. L 128 of May 27, 2009), hereinafter "Regulation (EC) No. 436/2009" are called, for the carriage of wine products of the Federal Ministry of agriculture and forestry, issued environmental and water management forms to use the accompanying documents (accompanying document and certificate of transport) in accordance with this section.

(2) competent authority within the meaning of Regulation (EC) is the Federal Winery inspection no. 436/2009 and authority within the meaning of this regulation.

(3) under the scope of application of this regulation fall winegrowing businesses and managers from vineyards in the sense of country wine-growing laws and, outside the scope of national wine laws, companies which manage a total vineyard area of at least 500 m ². Wine trading company, who buy wine for the purpose of resale in containers with a nominal volume of 60 litres or more, or create wine from purchased grapes fall also under the scope of application of this regulation.

(4) as the operating address (permanent establishment), the site of the operation, in which the wine is produced or stored in containers with a nominal volume of more than 60 litres, or the location of the vineyard must be given. The delivery address is that address shows the Federal Winery inspection can be placed at the. This is the address of the operation, in the absence of an extra option to the operating address this also may be the apartment or other residence of the recipient.

Transport certificate, document

2. (1) wine sector products that are carried in containers with a nominal volume of 60 l, must be accompanied: 1 by an accompanying document for the transport of products of wine, when the transport in the Federal territory either begins or ends.

2. from a transport certificate if the carriage in the Federal territory, both begins and ends.

(2) wine sector products, carried in containers with a nominal volume of 60 litres or less, must, except in the cases of article 25 lit. (b) of Regulation (EC) No. 436/2009, of an invoice, a delivery note or other commercial pad ("paper") be accompanied, which has to contain the information set out in annex VI, point C of Regulation (EC) No. 436/2009.

(3) the transport certificate is to sign the shipper and receiver. The accompanying document is to be signed by the shipper.

(4) section 1 is not applicable, in accordance with article 24 paragraph 1 lit. of Regulation (EC) No. 436/2009 documents: 1. in accordance with Regulation (EEC) no 2719/92 of the Commission to the accompanying administrative document for the transport of excisable products under duty-suspension arrangements (OJ No. L 276 of September 19, 1992, S 1) or, 2. Regulation (EEC) no 3649/92 of the Commission on a simplified accompanying document for the transport of excise goods which are already tax free transport of the outlet Member State (OJ No. L 369 of 18 December 1992, S 17) to use them.

Grape shipments

§ 3. In case of grapes/mash article 25 lit. a) (ii) of Reg. (EC) No. 436/2009 by the grape producers themselves, or on his behalf, by a third party that is not recipient, from his own vineyard to the wine-making system of the receiver, which is located in the same wine-growing zone, can be used instead of a transport certificate from the recipient an electronically processed data sheet issued by the U.S. Winery inspection. This data sheet is within a week from Monday of week, which follows the day of reception of the grapes/mash, to submit by the recipient to the competent federal Winery Inspector.

Output and forwarding forms

§ 4 (1) issued forms for the accompanying document for the carriage of wine products and the transport certificate according to the wine Act 2009 are - with sequential numbers accidentally - from farms to spend by the Federal Ministry of agriculture and forestry, environment and water management, which by the Federal Ministry of agriculture and forestry, environment and water management to the Federal Procurement Act 1997 the contract was awarded. These companies have automatically in the Federal Winery inspection according to § 26 wine law 2009-oriented operating land following data, detailed for each recipient, to enter: operation number, name and first name, operating address and delivery address (zip code, town, street, house number), the number of issued, the numbers of issued forms and the date of issue.

(2) are not completed certificates of transport and accompanying documents passed on by other persons or companies as those referred to in paragraph 1, records to lead, when, to whom, how many and what sequential numbers forms were passed are of these in particular. You have to send a copy of these documents the competent federal Winery Inspector each year to July 31.

(3) the domestic recipient has to send a copy of the accompanying document or certificate of transport the competent federal Winery inspector within one week after receipt of the wine product.

(4) in the case of shipments of wine products in other Member States, the domestic shipper has at least three days prior to dispatch to enable inspection activities in accordance with article 28 paragraph e of the Regulation (EC) No. 436/2009 the competent federal Winery inspector to agree. By the sender, a copy of the accompanying document is the competent federal Winery inspector within one week after dispatch of the grapevine product to deliver.

(5) the shipper has a copy of the accompanying document, export of the grapevine product in third countries that by the Customs Office referred to in article 27 paragraph 1 in connection with annex IX of Regulation (EC) No. 436/2009 with her stamp and the notice "Run" provided is, to submit within one week to the competent federal Winery Inspector.

(6) the receiver has at import of the grapevine product from a third country the competent federal Winery inspector a copy of the document VI 1 in accordance with article 43 paragraph 1 in connection with annex IX of Regulation (EC) No 555/2008 of the Commission laying detailed rules for the application of Regulation (EC) No. 479/2008 of the Council as regards support programmes, trade with third countries, production potential and of the controls in the wine sector within a week to deliver.

(7) in the case of change of ownership is also issue a transport certificate regardless of actual transportation.

(8) the forms for the accompanying document for the carriage of wine products and the transport certificate according to the wine Act 2009 are after the end of the calendar year in which they have been issued or redirected, at least seven years to save. This also applies to unused, now also unusable forms.

2. SECTION

Other forms

Harvest message

§ 5. For the message of the harvested grapes to 30th November (harvest message in accordance with article 29, paragraph 1 wine Act 2009) this is the Federal Ministry of agriculture and forestry, to use environmental and water management forms for the harvest message. Also wineries without current crop have to harvest report (empty message). The harvest message are refundable through the wine database at the Federal Ministry of agriculture and forestry, environment and water management.

Stock message

§ 6. For reporting the amount of wine to 31 July (in accordance with § 29 par. 2 stock message wine Act 2009) this is the Federal Ministry of agriculture and forestry, to use environmental and water management forms for inventory reporting. Wine drive end, which sell all grapes, buy no grapes, and have no wine stock (full off supplier), have to make a stock message (empty message). Will be communicated to the master data collection sheet according to § 9 that no stock is available in the year following the harvest message, a separate inventory message is not required. The stock message are refundable through the wine database at the Federal Ministry of agriculture and forestry, environment and water management.

Intent message-Mostwäger confirmation


§ 7. For the message of the harvest of grapes for the production of quality wines (intention notification pursuant to § 12 par. 3 wine Act 2009) this is the wine advertisers by the Federal Ministry of agriculture and forestry, environmental and water management form for notification of the intention to use. For the confirmation of the result of reading good control of predicate wine (Mostwäger confirmation pursuant to § 12 para 6 wine Act 2009) this is the Federal Ministry of agriculture and forestry, to use environmental and water management forms for most weighing heritage making.

Application for the State control number

§ 8. For the application for the State control number in accordance with § 25 wine Act 2009 must use this request and, where appropriate, the continuation sheet form issued by the Ministry of agriculture and forestry, environment and water management. The submission can be on granting the State control number also in the way the wine database at the Federal Ministry of agriculture and forestry, environment and water management.

Master data collection sheet

§ 9. Each site falling under the scope of application of this regulation has to update it annually by the Federal Ministry of agriculture and forestry, environment and water management form for collecting master data (master data collection sheet), date 30 November and December 15 on the community to submit, in whose area the facility (operating address) is located. The master data collection sheet is also to give up if no changes arising since the last survey. The master data collection sheet can be submitted through the wine database at the Federal Ministry of agriculture and forestry, environment and water management.

Publication of forms

§ 10. The forms for the transport certificates, the accompanying documents, the harvest declarations, the inventory reports, the messages of intention of, the Mostwäger confirmations, the application for granting the State control number and the master data collection sheet be issued after consultation with the Conference of Presidents of the Chambers of agriculture in Austria and the Austrian Federal Economic Chamber by the Federal Ministry of agriculture and forestry, environment and water management.

In force

§ 11. This Regulation shall enter into force the day of its proclamation. At the same time occurs after the wine Act 1999 (wine law form Regulation), Ordinance of the Federal Minister for agriculture and forestry, environment and water management on accompanying documents and other forms BGBl. II no 512/2002, as last amended by regulation BGBl. II Nr 148/2005, override.

Berlakovich