Government Regulation No. 143 / 2015 Coll.
Government regulation on the formalities for accompanying documents for the transport of wine products in the Czech Republic
Valid
Regulation
Effective from 01.07.2015
Text versions:
01.07.2015
23.06.2015
143
GOVERNMENT REGULATION
of 8 June 2015
on the formalities for accompanying documents for the transport of wine products in the Czech Republic
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 Coll.:
Subject matter
This Regulation regulates, following the directly applicable regulation of the European Union1) the particulars of the accompanying document for the transport of wine products, which takes place exclusively in the Czech Republic.
Forms of the accompanying document and its applicability
(1) A person who has his registered office or residence in the customs territory of the European Union and transports or has a wine product transported only within the territory of the Czech Republic (hereinafter referred to as "the transporter") may use, instead of accompanying documents referred to in Article 24 (1) of Commission Regulation (EC) No 436 / 2009, an accompanying document containing the following particulars:
(a) the business name or name, address of the registered office or place of residence and the identification number of the person having his registered office or residence in the customs territory of the European Union and sending or having the wine product dispatched (the consignor);
(b) the address of dispatch, if different from the address referred to in (a);
(c) the business name or name, address of the registered office or place of residence and the identification number of the person who has his registered office or residence in the customs territory of the European Union and who is dispatched with a wine product (hereinafter referred to as the consignee) in respect of a person different from the consignor;
(d) the address of the destination of the delivery of the wine product as regards an address different from the address referred to in (c) or, where appropriate, from the address referred to in (a);
(e) the business name or name, address of the registered office or place of residence and the identification number of the transporter of the wine product, in respect of a person different from the consignor or consignee;
(f) the date on which the transport of the wine product begins,
(g) the date of completion of the transport of the wine product, if different from the date referred to in (f);
(h) the number of the accompanying document which clearly distinguishes the individual transport of the wine products of the competent consignor;
(i) an indication of the type of wine product referred to in Part XII of Annex I or Part II of Annex VII to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council;
(j) identification of the wine-sector product consisting of the designation:
1. wine grape varieties or the indication of a traditional term, if the wine is in the packaging intended for consumers, marked with the particulars referred to in Articles 118 and 119 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council and accompanied by a one-off closure, provided that such wine is marked with one of those indications; or
2. the code of the wine-growing region and the code of the wine-processing operation referred to in point 1.4 of Part B of Annex VI to Commission Regulation (EC) No 436 / 2009, and, if one of these indications is indicated, in the indication of the vintage year, the wine-grape variety or in the indication of the traditional term, if it is for wine other than that referred to in point 1,
(k) indication of lot (2) for non-packaged wine-sector products and for wine-sector products
1. in containers of more than 5 litres; or
2. in a packaging of up to 5 litres in the case where the consignor himself has curled or had the wine product wrapped in a packaging intended for the consumer;
(l) the unique identification data of the bottler or manufacturer, if different from the data of the consignor referred to in (a);
(m) the quantity of wine product transported in accordance with Part C of Annex VI to Commission Regulation (EC) No 436 / 2009 in:
1. volume units as regards the unpackaged wine product,
2. the number of packages and their volume in respect of the wine product packed; or
3. units by weight for fresh grapes other than table grapes; and
(n) a certificate of a protected designation of origin, a protected geographical indication or a certificate of wine with a designation of the year of harvest or a wine grape variety in accordance with the directly applicable European Union Regulation (3), except for wine produced in the Czech Republic which has not exceeded the limits of that territory throughout the distribution phase.
(2) The particulars referred to in points (l) and (n) of paragraph 1 are not required in the case of the transport of a wine product in a packaging intended for the consumer, marked with the particulars referred to in Article 118 and 119 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council and bearing a one-off closure.
(3) In the case of a wine product originating in third countries released for free circulation, the accompanying document shall include, in addition to the particulars referred to in Article 2 (1) (a) to (n), the number of the V I 1 document drawn up in accordance with the directly applicable European Union4) or the reference number of an equivalent document approved by the competent authorities of the country of origin under the conditions laid down in the directly applicable European Union5) annexed to the shipment.
(4) The accompanying document shall be in paper form and shall contain the name, surname and signature of the person issuing it, if the consignor is a natural person or, where appropriate, the name, surname and signature of the person or persons acting as a consignor, if the latter is a legal person.
(5) A tax document, delivery note or other document shall be considered as an accompanying document if they comply with the requirements laid down in paragraphs 1 to 4.
(6) A movement document drawn up pursuant to this Regulation may be used only for one transport of the wine product at the latest by the end of the third day following the date of commencement of the transport.
Efficacy
This Regulation shall enter into force on 1 July 2015.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
(1) 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 vineyard register, compulsory declarations and the collection of market monitoring data, accompanying documents for the transport of wine products and wine registers, as amended. 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 repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Commission Regulation (EC) No 555 / 2008 of 27 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 479 / 2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and controls in the wine sector, as amended.
2) § 3 (j) of Act No. 321 / 2004 Coll., on Vineyard and Vineyard and on the amendment of certain related laws (Vineyard and Wine Act), as amended.
3) Article 31 and Annex IXa (A) and (B) of Commission Regulation (EC) No 436 / 2009, as amended.
4) Article 43 of Commission Regulation (EC) No 555 / 2008, as amended.
5) Article 45 of Regulation (EC) No 555 / 2008, as amended.
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Regulation Information
| Citation | Government Decree No. 143 / 2015 Coll., on the formalities for accompanying documents for the transport of wine products in the Czech Republic |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2015 |
|---|---|
| Effective from | 01.07.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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