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Royal Decree 739/2015, July 31, On Obligatory Statements In The Wine Sector.

Original Language Title: Real Decreto 739/2015, de 31 de julio, sobre declaraciones obligatorias en el sector vitivinícola.

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TEXT

Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down provisions of Council Regulation (EC) No 479/2008 as regards the vineyard register, the compulsory declarations and the the collection of information for the monitoring of the market, the documents accompanying the transport of products and the records to be carried in the wine sector, establishes the obligation to carry out, by wine growers and operators in the sector, a series of statements.

This Regulation has been the subject of regulatory development by Royal Decree 1303/2009 of 30 July 2009 on compulsory declarations in the wine sector, which reproduces the system of compulsory declarations. the year to be carried out by winegrowers and operators of the sector, which was modified in terms of the deadlines for making the mandatory declarations, by Royal Decree 461/2011, of April 1. In principle, it would not be necessary to amend that Royal Decree 1303/2009 of 30 July 2009 under the law of the European Union.

However, it is necessary for the information to be declared to be extended for reasons that are due to changes in the Spanish legislation applicable to the sector below, it has been decided that the additional content (or new obligations to declare) arising from internal law decisions are integrated into the system of the said royal decree so that there are not two different texts, with different declarations, but that those that are made will serve both the right of the Union as for the purposes of Spanish legislation to be consolidated in a single text, the present royal decree, the regulation so far contained in Royal Decree 1303/2009, which is to be repealed, and the new one from the innovations that are now introduced.

These innovations are due to the fact that Law 12/2013 of 2 August, of measures to improve the functioning of the food chain, which in its additional provision first (according to the wording that has been given to its paragraph 5) Recently, the final provision of Law 6/2015 of 12 May, of designations of origin and protected geographical indications of a supra-regional level, allows the Agency for Food Control and Information to be responsible for monitoring the sectors to be determined regulatively and therefore by means of the present royal decree extend its scope to the wine sector, by passing it on to functions relating to the management and maintenance of the information, monitoring and analysis systems, as well as the initiation and instruction of the dossiers penalties for non-compliance in the payment of compulsory contributions to the interbranch organisations recognised by the Ministry.

This will allow for the proper monitoring of market developments and, in turn, for both operators in the sector and administrations to make their decisions with greater knowledge.

It is therefore necessary to provide the instrument sector with a higher and better quality of information to achieve greater market transparency.

By this royal decree the system of mandatory declarations is strengthened, as soon as the information that these must contain and the periodicity of its remission is extended, that it goes from being annual to monthly and that affects in (a) the declaration of stocks and production. This creates a unified system of information in the wine sector, which will include a register of operators as well as all that minimum information that must contain the mandatory declarations in the wine sector.

This system of monthly declarations by the operators will make it possible to carry out a more detailed analysis and analysis of the reality, of great help for the sector, through the implementation of an additional system of sectoral information, which is not to be achieved in order to continue to seek synergies with other administrative obligations to rationalise and simplify the information requested in a way that would entail the least cost to the operator.

Given the substantial modifications that are incorporated, it is necessary to adopt a new royal decree that will unify all the regulations in the matter and in response to the mentioned needs of the wine sector, as well as to the communication obligations laid down in Community legislation. Consequently, this royal decree repeals Royal Decree 1303/2009 of 30 July 2009.

The unified information system in the wine sector will be attached to the Ministry of Agriculture, Food and Environment, which will be responsible for its coordinated operation. This, in collaboration with the Autonomous Communities, will establish the technical protocols necessary for the proper functioning of the system.

The operators will be responsible for the proper updating of the data in the contents, and for their accuracy and accuracy.

The competent authorities may establish their IT systems in such a way that operators can make their declarations as set out in this royal decree.

The unified information system in the wine sector will be accessible to all the competent bodies of the Ministry of Agriculture, Food and the Environment, to the autonomous communities for the established facilities. in its territorial scope and to the declarants for its own data. The Ministry shall also make available to the wine sector as a whole the information extracted from this system in an aggregated form and provide the inter-branch organisations with the necessary information in the event that they wish to apply the rule extension. This is without prejudice to the existing rules on the protection of personal data.

The Ministry of Agriculture, Food and the Environment will use the information contained in the system for the submission to the European Commission of all the information required by the Community regulations in respect of declarations Commission Regulation (EC) No 436/2009 of 26 May 2009 in accordance with Commission Regulation (EC) No 436/2009

Law 12/2013, of 2 August, of measures to improve the functioning of the food chain, provides in its additional provision first, that the Agency for Information and Food Control may develop, for certain sectors which the Ministry of Agriculture, Food and the Environment considers appropriate, functions relating to the management and maintenance of information systems, monitoring and analysis, as well as the initiation and instruction of files penalties for non-compliance in the payment of compulsory contributions to the interbranch organisations recognised by the Ministry.

The violations against the provisions of this royal decree will be sanctioned in accordance with the provisions of Law 24/2003, of July 10, of the Wine and Wine, and of the provisions of the Community legislation in the field of non-compliance with the the mandatory declarations.

The basic regulation contained in this provision is made by means of a royal decree, in order to enable the final provision of Law 24/2003, of 10 July, of Vine and Wine, and of paragraph 5 of the Additional provision of Law 12/2013 of 2 August, of measures to improve the functioning of the food chain since it is a matter of a markedly technical nature, closely linked to the development of the legislation community.

During the processing of this provision, the autonomous communities have been consulted, as well as the representative entities of the sectors concerned.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment, with the prior approval of the Minister of Finance and Public Administration, according to the State Council and prior deliberation of the Council of Ministers, at its meeting on 31 July 2015,

DISPONGO:

Article 1. Object.

This royal decree aims to establish the basic rules for mandatory declarations of the wine sector, which is necessary to provide greater transparency to the wine sector and to provide better information on its market, as well as for the development of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and establishing a common organisation of the market in agricultural products repeal Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the wine register, the compulsory declarations and the the collection of information for the monitoring of the market, the documents accompanying the transport of products and the records to be carried in the wine sector.

Article 2. Definitions.

For the purposes of the application of this royal decree, the following definitions shall apply:

a) "Cochechero". Is the natural or legal person, or group of natural or legal persons irrespective of the legal form of the group or its members, which obtains the annual product of the vineyard parcel, either as the owner of the vineyard or by have a right attached to it.

b) "Producer". Any natural or legal person, or group of such persons who have produced must or wine from fresh grapes, grape must, partially fermented grape must or new wine in the process of fermentation, obtained by themselves or purchased.

c) "Storeroom". Persons not producing wine or must, owners of wine or must, provided that they are not private or retail consumers. For this purpose, the natural or legal persons, or their groupings, who are professionally engaged in gainful economic activity involving the sale of wine in small quantities directly to the final consumer shall be considered as retailers. excluding those using warehouses equipped for the storage and packaging of wines in large quantities.

Article 3. Harvest declaration.

1. Each harvester must submit annually a harvest declaration to be completed on the forms or supports provided for by the respective autonomous communities, which shall contain at least the data contained in the Annex I, parts a and b. The harvest declaration shall be exempt from the harvest declaration for harvesters which meet one of the following conditions:

(a) Their total production of grapes is intended for consumption in the natural state, for the production of the production of grapes or for direct processing into grape juice.

(b) The holding has less than 0,1 hectares of vineyard in production provided that it does not place some of its harvest on the market or that it delivers the whole of its harvest to a cooperative winery or to a group of which it is a partner or members.

2. The harvest declaration shall be submitted until 10 December of each year, before the competent authority of the autonomous community where the vineyard plots are located, or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

The electronic filing will also be permitted in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

3. Those autonomous communities which have the means of making it possible to link the harvesters who must submit the declaration annually with the declared production and with the vineyard parcels from which those products are produced, may exclude their harvesters from the presentation of Part B of Annex I.

Article 4. Market Information System for the Wine Sector.

1. The market information system for the wine sector (INFOVI) is hereby established, which shall contain:

(a) The General Register of Operators of the Wine Sector (REOVI).

(b) Market information resulting from the mandatory declarations referred to in Article 5.

The market information system in the wine sector will be attached to the Ministry of Agriculture, Food and Environment, which will be responsible for its coordinated operation with the autonomous communities, in the form provided for in this royal decree.

The Ministry of Agriculture, Food and Environment, in collaboration with the autonomous communities, will establish the technical protocols necessary for the proper functioning of the computer applications.

2. In REOVI, producers and stockists shall be registered.

The autonomous communities shall make available to the Food Control and Information Agency, by 15 August 2015, the minimum information contained in Tables A and B in the case of producers, and Table A in the case of storekeepers, of Annex II.

In the case of commencement of activity in an installation, the producer or the storekeeper shall request the registration of the same in the REOVI to the autonomous community where the installation is located in the month following the occurrence of the installation, contributing at least the data listed in Table A of Annex II.

If the producer or storekeeper detects errors or there are modifications to the information contained in the REOVI, you must communicate it to the autonomous community where you radiate the installation.

When an operator leaves its activity in an installation, it must communicate it, within the next month, to the stand-alone community where it will radiate the installation.

The autonomous communities shall communicate to the Food and Control Agency all senior operators, with the information contained in Table A of Annex II, as well as the casualties and modifications and errors found. Such communications must occur within the month following which the autonomous community is aware of the fact.

Article 5. Monthly declarations of operators in the wine sector.

1. All producers and storekeepers shall submit a monthly detailed declaration for the installation of stocks, production, entry and exit and packaging of wine and must, directly before the twentieth day of the month following which the the data shall be submitted by means of the computerised procedures established for this purpose and shall contain at least the data set out in Annex III to this Royal Decree.

2. The following producers are not required to submit all the monthly declarations:

(a) Producers who are harvesters exempt from the presentation of the harvest declaration, by complying with the conditions laid down in Articles 3 (1) (a) or (b) of this Royal Decree.

(b) Producers who obtain on their premises, by vinification of purchased products, a quantity of wine less than 10 hectolitres (1,000 litres), not intended for marketing.

(c) The members or members of a cooperative winery subject to the obligation to submit a declaration, who deliver all their production to that cooperative winery, even if they reserve a small part to obtain by means of vinification a quantity of wine less than 10 hectolitres (1,000 litres) intended for its particular consumption.

3. Producers whose production of wine and must is less than 1,000 hl shall only produce declarations of the months of December, March and August in accordance with Annex III.

For these purposes, the production of wine and must shall be calculated as the average of the production declared for all of its installations in the four marketing years preceding the marketing year, in accordance with the provisions laid down in the legislation in force at the time of the declaration, and Table 1, point H, and Table 2, point (g) of Annex III. In case a producer has not produced in any or some of the previous four campaigns, the campaigns in which it has actually produced will be taken.

4. Statements shall be made by electronic means every month, including those in which the data is all zero.

5. Only the Ministry of Agriculture, Food and the Environment, the Autonomous Communities for the facilities established in its field, will be able to access the data existing in the Market Information System of the Wine Sector. territory and the declarants for their own data.

6. In addition, the data may be used to gather the information necessary for the elaboration, monitoring and control of extensions of the standard in the wine sector made in accordance with the provisions of Law 38/1994 of 30 December, agri-food interbranch organisations and in their development regulations.

7. The Ministry of Agriculture, Food and Environment will make available to the wine sector as a whole the information extracted from this system in an aggregated manner.

8. All information to be accessed will be confidential, and will be applied for the processing of personal data in the Organic Law 15/1999 of 13 December on the protection of personal data.

Article 6. Duty of communication to the European Commission.

1. The Ministry of Agriculture, Food and the Environment shall use the information collected in the monthly declarations to comply with the obligations laid down in the Community rules regarding production declarations and of stocks as set out in Articles 9 and 11 of Commission Regulation (EC) No 436/2009 of 26 May 2009.

2. Producers who are obliged to make the monthly declarations referred to in Article 5 (1) must also complete the information provided for the autonomous communities, the information in Annex IVa and IVb concerning the information provided for in this Article. suppliers and supporting documents for the purchase of products.

The information in these annexes must be submitted between 30 November and 10 December of each year before the competent authority of the autonomous community where the installation is located, or in any of the places provided for in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The electronic filing will also be permitted in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

Article 7. AICA functions and control plan.

1. For the purposes of applying Articles 4 and 5 of this royal decree, the Food Control and Information Agency shall carry out the functions set out in points (a) and (d) of paragraph 6 of the first provision of Law 12/2013, of 2 August, measures to improve the functioning of the food chain.

2. The competent bodies of the autonomous communities shall carry out the official controls to verify compliance with the obligations laid down in this royal decree and to ensure the accuracy of the declarations of the installations which are they are located in their territory.

3. The Ministry of Agriculture, Food and the Environment will coordinate with the autonomous communities, through the Food and Information Agency, the elaboration of a control plan, as regards the controls indicated in the 2.

4. The competent bodies of the autonomous communities shall forward information on the status of official controls carried out to the Ministry of Agriculture, Food and the Environment, by the system established for this purpose.

Article 8. Failure to comply with the obligation to declare and penalties.

1. Those who are obliged to present the declarations contained in this royal decree that they do not do so within the prescribed time limits, or the lack of any of the mandatory declarations as well as the errors, inaccuracies or omissions in them that affect the the characteristics of the products or goods consigned, shall be sanctioned according to Law 24/2003, of 10 July, of the Vina and of the Wine.

2. In addition to the provisions of paragraph 1, the penalties provided for in Article 18 of Commission Regulation (EC) No 436/2009 of 26 May 2009 shall also apply where appropriate.

Additional disposition first. Containment of the expense.

The measures included in this royal decree will be met with the existing budget allocations, and will not be able to increase the amount of appropriations or salaries or other personnel costs.

Additional provision second. The conversion factor of the grapes into wine.

For the purposes of this royal decree, for the conversion of the quantities of grapes into wine, the factor of 0 ' 74 hectolitres of wine per 100 kilograms of grapes shall be used, unless a factor of different conversion.

First transient disposition. Stock statement 31 July 2015 and production of the 2015/2016 campaign.

By way of derogation from the single derogation provision, Articles 3 and 5 of Royal Decree 1303/2009 of 31 July 2009 shall continue to apply until the end of the 2015/2016 marketing year.

Second transient disposition. Declaration of destination for illegal plantation productions prior to 1 January 2016.

1. In the case of illegal plantings prior to 1 January 2016, without prejudice to Articles 85a and 85b of Regulation (EC) No 1234/2007 of the Council of 22 October 2007 establishing a common organisation of the market, agricultural markets and specific provisions are laid down for certain agricultural products (Single CMO Regulation), the person responsible for an illegal vineyard plantation or the owner of the vineyard parcel, must submit annually a declaration of the destination of the productions of illegal vineyard plantations for the products which cannot be placed on the market pursuant to Article 15 of Royal Decree 1244/2008 of 18 July 2008 governing the production potential of wine, on the forms or supports provided for by the respective communities autonomous, which shall contain at least the data set out in Annex V.

2. The declaration of destination for the production of illegal plantings shall be submitted until 10 December of each year before the competent authority of the autonomous community where the illegal vineyard plantations are located, or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Single repeal provision. Regulatory repeal.

Royal Decree 1303/2009 of 31 July 2009 on compulsory declarations in the wine sector is hereby repealed.

Final disposition first. Competence title.

1. This royal decree is issued in accordance with the provisions of Article 149.1.13. of the Constitution which gives the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

2. Articles 3.1 and 3, 4.2, 5.1 and 3, and 6.2, and the annexes to which they refer, shall not be of a basic character as regards the models they establish, and the autonomous communities may establish their own, but in the latter case, Such models shall include, at least, the basic being, the data set out in the Annexes to this Royal Decree, and the IT applications of those models shall make it possible for the party concerned to refer to the minimum data in the Annexes to the This royal decree is accessible and reusable by means of systems that are understood by machines according to the protocols and interoperability standards to be approved by the Market Information System of the Wine Sector (INFOVI), running the costs of interoperability in charge of the autonomous communities concerned.

Final disposition second. Ability to modify.

The holder of the Ministry of Agriculture, Food and the Environment is empowered to amend the Annexes, dates and deadlines contained in this provision, in particular where necessary to adapt to the amendments resulting from the rules of the European Union.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Palma de Mallorca, on July 31, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment

ISABEL GARCÍA TEJERINA

ANNEX I

Statements

ANNEX I to

Grape Harvest Declaration

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INSTRUCTIONS FOR FULFILLMENT

PERSONS REQUIRED TO SUBMIT THE DECLARATION

All harvesters defined in Article 2 (a).

PERSONS EXEMPT FROM FILING THE DECLARATION.

Harvesters that meet the conditions of Article 3 (1) (a) and (b).

NUMBER OF STATEMENTS TO BE SUBMITTED BY EACH REQUIRED PERSON.

The harvester shall complete a declaration for each territorial unit established by the Autonomous Community in which he has vineyard surfaces in production, using a single copy of this Annex I a, referred to as the vineyard located in that territorial unit.

FILING DEADLINE.

Until December 10.

PLACE OF PRESENTATION.

Before the competent organ of the autonomous community where the vineyard plots are located, or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

COMPLETING THE DATA REQUESTED IN THE FORM.

UNITS. -Data will be indicated according to the following criteria: area in hectares (ha) (10,000 square meters), with two decimal places; mass in 100 kilograms, with two decimal places; yield in 100 kilograms per hectare (100 kilograms) kg/ha), with one decimal. In all cases the deletion of decimals will be done without rounding.

TABLE A.-The box corresponding to each case will be indicated with X: high, when it is the first time the declaration is presented; low, for the communication of the cessation in the activity of the harvester; modification, if it has changed its social reason, domicile, etc.

TABLE B.-The totals for the territorial unit established by the Autonomous Community, relating to each of the five types of vineyard aptitudes, shall be entered.

TABLE C.-The different destinations of the grape harvest will be indicated by differentiating in each line the quantities obtained, in 100 kg, from the different types of vineyards that are resented in the left column.

TABLE D.-The consignees to which the harvester has delivered grapes or must have been linked, the kilograms (in 100 Kg) of grapes provided to each of them, differentiated according to the type of vineyard of the provenance.

DEFINITIONS

-Protected designation of origin wines: wine whose characteristics are in accordance with those laid down in Article 93 (1) (a) of Regulation (EC) No 1308/2013.

-Wines with a protected geographical indication: wine whose characteristics are in accordance with Article 93 (1) (b) of Regulation (EC) No 1308/2013.

-Varietal wines without PDO or PGI: those wines which are not attached to a PDO or PGI, mention the variety in the terms laid down in Regulation (EC) 1308/2013.

-Wines without a geographical indication: that wine which does not comply with Article 93 (1) (a) and (b) of Regulation (EC) 1308/2013 or in the definition of varietal wines without PDO or PGI.

-Other wines: "other wines" shall be considered as wine from grapes which are included in the classification of wine grape varieties, as provided for in Article 81 of Regulation (EU) No 1308/2013, where applicable, at the same time as wine grape varieties and, as appropriate, as varieties of table grapes, grapes for processing or grapes intended for the manufacture of wine spirits.

ANNEX I b

Grape Harvest Declaration

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INSTRUCTIONS FOR FULFILLMENT

All harvesters performing the harvest declaration (Annex I. a) shall present Annex I. b in which it shall indicate all the SIGPAC references of the vineyard plots and the production thereof according to their orientation.

Units. -Data will be indicated in the different boxes, according to the following criteria: The area in hectares (ha) (10,000 square meters), with two decimal places, mass in 100 kilos, with two decimal places. In all cases the deletion of decimals will be performed without rounding.

Table A.

To be completed with the data in Table A, as set out in Annex I.a.

Table B.

The SIGPAC reference of the plots will be indicated. The data in this table shall coincide with the data in Table B of Annex I.a. Production shall be recorded globally for each type of production orientation and for the set of plots.

ANNEX II

Register of Wine Sector Operators (REOVI)

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ANNEX III

Declaration of wine and must

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INSTRUCTIONS FOR FULFILLMENT

PERSONS REQUIRED TO SUBMIT THE DECLARATION

The wine or must producer or the owner of the wine or must stock other than private or retail consumers. For these purposes, the natural or legal persons, or their groupings, who are professionally engaged in a commercial activity involving the sale of wine in small quantities directly to the consumer, shall be considered as retailers. they use warehouses equipped for the storage and packaging of wines in large quantities.

NUMBER OF DECLARATIONS TO SUBMIT

A declaration shall be completed for each installation in which the wine or the must is produced or found, whether it is its own or its own facilities.

When stocks located in the same installation are owned by multiple persons, each person shall complete an independent declaration relating to the part of his or her property.

FORM AND DEADLINE FOR COMPLETING THE REQUESTED DATA

Fulfillment should be performed monthly with data referring to the last day of the previous month. It will need to be done telematics through the application that is made available.

-In the case of paragraph 1 on the declaration of wine, tables A, B, C, D, E, F and G shall be completed each month. Tables H, I, J and K will be filled in with the statements made in the months of December, April and August.

In the case of paragraph 2 on the declaration of must, tables a, b, c, d, e and f shall be completed each month. Tables g and h shall be completed with the declarations submitted in the months of December, April and August.

UNICATIONS.

The data will be indicated according to the following criteria: area in hectares (ha) (10,000 square meters), with two decimal places; mass in 100 kilos, with two decimal places; yield in kilograms per hectare (kg/ha), with a decimal, volume in hl. In all cases the deletion of decimals will be done without rounding.

ENTRY OF GRAPES FOR PROCESSING: Quantity of grapes delivered in the cellar for processing (kg). The entry of grapes which is not intended for the production of wine or must in that installation shall not be counted.

1. DECLARATION OF WINE:

A. INITIAL WINE STOCK: Amount of wine in the facility at the beginning of the period and which must be in line with the final stock of the previous period.

B. TOTAL PRODUCTION OF WINE: It will be differentiated:

B. 1 Wine made finished and new wine still in fermentation:

Finished wine: Wine produced from fresh grapes, grape must, partially fermented grape must or new wine in the process of fermentation obtained from the harvest of the current marketing year during the month in which and whose fermentation has already finished new wine still in fermentation: wine produced from fresh grapes, grape must, partially fermented grape must obtained from the harvest of the current campaign during the month in question whose fermentation has not been completed, and has not yet been separated from its lees.

The statements of the months of September, October and November will refer to the total estimated wine. From the December declaration the declarations will be made by accounting for the actual volume produced.

B. 2 Wine made from the must of other wine years: Wine produced with must from previous marketing years, quantifying in the table of observations the breakdown of the wine, whether it is a must for its own production or acquired from third parties.

C. ENTRIES: Quantity of wine entered in the facility and to be charged to the period considered, according to the date of receipt given in the movement accompanying document. Differentiating, according to its origin:

C. 1 Spain shall also include its own wine made by another operator with the declarant's raw material. This entry must be given in the same month in which the operator who has produced the wine has given it to him as "foreign wine produced".

C. 2 Rest of the EU.

C. 3 Third country imports.

D. SALIDES: Quantity of wine that leaves the facility during the period considered, differentiating according to its destination. The wine that has been produced in the premises from grapes or must of another owner (D4) must also be counted as an outlet. It will be differentiated according to your destination.

D. 1 To the internal market, distinguishing between the following destinations:

D. 1.1 Wine: Wine destined for another winery/warehouse or direct sale.

D. 1.2 Distillation: Wine destined for a distillery.

D. 1.3 Vinagreria: Wine with a wine-making destination.

D. 2 To the external market, distinguishing between the following destinations:

D. 2.1 Rest of the EU: Quantity of wine that has left the facility with destination outside Spain but within the territorial scope of the European Union.

D. 2.2 To third countries: Quantity of wine that has left the facility with destination outside the territorial scope of the European Union.

D. 3 Own Operations: Quantity of wine used in internal operations in a new production process within the same facility.

D. 4 Extraneous wine produced: A product made from grapes or must of another owner that after the processing process has finished, will be recorded as an output regardless of whether it remains within the facility.

E. SMES: Reference shall be made to losses and/or corrections (breakages, mermas, quantification errors, byproducts, ...) that occur in the declared month, quantifying and clarifying their origin, in the table of observations.

F. FINAL STOCK: Quantities of wine in the facility at the end of the period considered.

G. PACKAGING IN THE WINERY ITSELF: Quantity of wine that has been packaged in the winery itself or installation during the period to which the declaration refers.

H. DECLARATION OF PRODUCTION OF WINE IN RESPECT OF THE HARVEST OF THE CURRENT MARKETING YEAR BROKEN DOWN BY WINE CATEGORY:

The total wine production shall be indicated for the harvest of the current marketing year and the production area in which they come from.

-In the December declaration, the total production of the finished wine must be recorded in respect of the harvest of the current marketing year until 30 November.

-In the April declaration, the total production of the finished wine must be recorded in respect of the harvest of the current marketing year until 31 March.

-In the August declaration, the total production of the finished wine must be recorded in respect of the harvest of the current marketing year until 31 July.

I. DECLARATION OF WINE MADE FROM MUST OF ANOTHER MARKETING YEAR BROKEN DOWN BY WINE CATEGORY.

The production of wine made from must of another wine year shall be indicated, broken down by wine category.

-In the December declaration, the total production of the finished wine must be recorded in respect of the harvest of other wine years until 30 November.

-In the April declaration, the total production of the finished wine must be recorded in respect of the harvest of other wine years until 31 March.

-In the August declaration, the total production of the finished wine must be recorded for the harvest of other wine years until 31 July.

J. DECLARATION OF STOCKS OF WINE BROKEN DOWN BY CATEGORIES OF WINE.

Wine stocks shall be indicated in the facility broken down by product category, bulk and packaging. It must be satisfied that the total stock will have to coincide with the total final stock declared in Table F.

K. DECLARATION OF WINE OUTLETS BROKEN DOWN BY CATEGORIES OF WINE.

Wine outlets (D. 1 and D. 2) shall be indicated from the start of the installation, broken down by product category, bulk and packaging.

DEFINITIONS:

-Protected designation of origin wines: Wine whose characteristics are in accordance with Article 93 (1) (a) of Regulation (EC) No 1308/2013.

-Wines with a protected geographical indication: Wine whose characteristics are in accordance with Article 93 (1) (b) of Regulation (EC) No 1308/2013.

-Varietal wines without PDO or PGI: Those wines which are not attached to a PDO or PGI, mention the variety in the terms laid down in Regulation (EC) 1308/2013.

-Wines without a geographical indication: The wine that does not comply with the provisions of Article 93 (1) (a) and (b) of Regulation (EC) 1308/2013 or in the definition of varietal wines without PDO or PGI.

2. DECLARATION OF MUST

a. INITIAL MUST STOCK: Amount of must existing in the installation at the beginning of the period and which must match the final stock of the previous period.

b. PROCESSED MUST: Quantity of must produced or processed in the installation during the period considered.

c. ENTRIES: Quantity of must entered into the facility and to be charged to the period considered.

c.1 Spain shall also include the own must must have been produced by another operator with the reporting premium. This entry must be given in the same month in which the operator who has produced the must has given it output as "foreign must produced".

c.2 For the rest of the EU.

c.3 Third country imports.

d. SALIDES: Quantity of must that leaves the facility or is dedicated to the elaboration of a new production process within the installation during the period considered, differentiating according to its destination and type of must. The must also be counted as the must which has been produced in the premises from grapes or must of another owner (d4). It will be differentiated according to your destination:

d.1 To the Internal Market,

d.2 To the external market, distinguishing between the following destinations:

d.2.1 To the rest of the EU: Quantity of must that has left the facility with destination outside Spain but within the territorial scope of the European Union.

d.2.2 To third countries: Quantity of must that has left the facility with destination outside the territorial scope of the European Union.

d.3 Own Operations: Quantity of must used in internal operations in a new production process within the same installation.

d.4 Non-produced Mosto: Product made from grape or must of another owner that after the processing process is finished, will be annotated as an output regardless of whether it remains within the facility.

e. SMES: Reference shall be made to losses and/or corrections (breakages, mermas, quantification errors, byproducts, ...) that occur in the declared month, quantifying and clarifying their origin, in the table of observations.

f. FINAL STOCKS: quantities of must existing at the facility at the end of the period considered.

g. DECLARATION OF PRODUCTION OF MUST IN RESPECT OF THE HARVEST OF THE CURRENT MARKETING YEAR

The production of must be indicated in respect of the harvest of the current marketing year and the production area in which they come from.

-In the December declaration, the total production must be satisfied with the sum of the must produced (b) declared until the month of November.

-In the April declaration, the total production must be satisfied with the sum of the must produced (b) declared until 31 March.

-In the August declaration, the total production must be satisfied with the sum of the must produced (b) declared until 31 July.

h. DECLARATION OF STOCKS OF MUST

The stocks of must in the installation shall be indicated by type of must and product.

ANNEX IV

ANNEX IV to

Production Statement

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INSTRUCTIONS FOR FULFILLMENT

Column (1).-The Community name of the delivered products shall be indicated: grapes, grape must, concentrated grape must, rectified concentrated grape must, partially fermented grape must, etc.

Column (2) and (3). -The quantities of the products in the column (1), expressed in hl, will be reflected, the destination of the production being differentiated in red/pink and white.

Column (4).-The yields in hl/have been recorded in the vineyard of origin of each consignment. These must be in accordance with those declared in Annex I (grape harvest declaration), by the persons required for their presentation, and with those listed in Annex IV b for the purchase-sale operations. The ratio must be met: (4) = [(2) + (3)]/(5).

Column (5).-The production area in ha will be indicated, from which the amounts reflected in the columns (2) and (3). For the boxes on each line, the ratio must be met: (5) = [(2) + (3)]/(4).

Column (6), (7), (8), (9), (10), (11) and (12). -An X will be marked with the suitability of the vineyard from which the product comes, in the column in which the corresponding vineyard type is vertically reviewed. The data indicated in these columns must be in accordance with the data set out in Annex III b for each item.

Column (13), (14), (15), and (16). -Identification data for item providers, including cooperative partners or S.A.T., will be reviewed. For the products harvested by the declarant itself, it shall be indicated in column (13), "declarant", not being necessary to complete the remaining boxes. The column (15) shall be completed only when there is purchase-sale of the product.

Sum and follow or total of the indicated destination. -An X is marked with the corresponding box in each case, depending on the form of partial sums or the total of the products, with similar destination to the indicated one.

ANNEX IV b

Product Buy-Buy Justient

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INSTRUCTIONS FOR FULFILLMENT

Reference number: To be completed by the buyer, who will resend it in the column (15) of the Annex IVa form.

1. Nature.-The Community name of the delivered product shall be entered: grapes, grape must, concentrated grape must, rectified concentrated grape must, partially fermented grape must or new wine still in fermentation.

2. Quantity.-Delivery made in hectolitres. The quantity of grapes delivered shall be recorded in hectolitres of equivalent wine, calculated from 100 kilograms of grapes of origin multiplied by 0,74 for matters of homogeneity, unless a conversion factor is duly justified. different.

3 and 4. Province of origin of the grapes, and vineyard of origin. -They are the corresponding to the product delivered.

5. Performance.-The territorial unit and the type of vineyard referred to in the preceding paragraphs 3 and 4 must be indicated.

6. No of the document accompanying the product. ' The number shall be entered when the transport of the product is accompanied by the product, in accordance with the provisions of Commission Regulation (EC) No 436/2009.

ANNEX V

Statement of destination for illegal plantation productions

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INSTRUCTIONS FOR FULFILLMENT

NUMBER OF DECLARATIONS TO BE SUBMITTED BY EACH REQUIRED PERSON:

A declaration shall be completed by Autonomous Community in which they radiate vineyard areas planted without authorisation, using a single copy of this Annex V referred to in the vineyard situated in that Community.

FILING DEADLINE:

until December 10.

PLACE OF PRESENTATION:

Before the body designated by the Autonomous Community, in whose field the area of vineyard is radiating; the presentation can be carried out by means of delivery in the register, sent by registered mail, or any other procedure provided for in Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

UNITS:

The data will be indicated in the different boxes of this form, according to the following criteria: area in hectares (ha) (10,000 square meters), with two decimal places; mass in 100 kilos, with two decimal places; yield in 100 kilograms per hectare (kg/ha), with one decimal place. In all cases the deletion of decimals will be performed without rounding.

DECLARATION AND DESTINATION COPIES:

Original: Autonomous COMMUNITY.

Copy: DECLARATION.