Wine

04/03/2013
 

Codes of bottler (producer/vendor/importer)

Legal basis under EC legislation

a) sparkling wines
  • Council Regulation No. 1234/2007, Art. 118y Para 1 letter e) + f);
  • Commission Regulation No. 607/2009, Art. 56 Para 3, 4, 5 + 6 letter b)
b) other products than sparkling wines
  • Council Regulation No. 1234/2007, Art. 118y Para 1 letter e) +f);
  • Commission Regulation No. 607/2009, Art. 56 Para 2, 4, 5 + 6 letter b)
Legal basis under national legislation
  • Section 16 Para 10 to 12 of Act No .321/2004 Coll. (after amendment effective since 1. 9. 2011):
(10) the Ministry decides on the assignment of the code pursuant to EU legislation if the applicant meets following conditions:
a) applicant is a registered producer pursuant to Section 11 Para 1;
b) applicant was not fined during the last 5 years by a lawful sanction for an administrative offence related to records in viticulture and viniculture and this sanction was not higher than 10,000 CZK and no administrative procedure was launched with him for an administrative offence related to viticulture and viniculture, 
c) applicant pays dues to the Winemakers’ Fund.
(11) the Ministry decides on the revocation of the code pursuant to EU legislation to the subject using it if the subject violates one of the conditions under which the code was assigned.
(12) If the name or the address of the bottler, producer, importer or vendor is consisted of protected designations of origin or these are constituents of the name or the address, they are indicated on the label by means of a code assigned pursuant to Article 10.

Problems explanation

ad a) 
Commission Regulation No. 607/2009 Art. 56 para 5 subpara 2 enables the producers of sparkling wines and aerated sparkling wines or quality sparkling wines or quality aerated sparkling wines to replace „name and address of the producer or vendor or importer“ by a code determined by the Member State in which the producer, importer or vendor has its head office. The code shall be supplemented by a reference to the Member State in question. The name and address of another natural or legal person involved in the commercial distribution other than the producer, importer or vendor indicated by a code shall also appear on the wine label of the product concerned.
As regards the Czech Republic, the rules pursuant to Article 1 are stated in the Bulletin of Ministry of Agriculture, year 2004, clause 2, p. 12, issued August 2004.
This code is consisted of letters “CZ” and identification number (ID) of the person.
Use of this code indicated on the label of the sparkling wine does not subject to any approval procedure.
ad b) 
Commission Regulation No. 607/2009 Art. 56 para 5 subpara 2 enables the producers of other than sparkling wines to replace „name and address of the bottler or importer“ by a code determined by the Member State in which the bottler or importer has its head office. The code shall be supplemented by a reference to the Member State in question. The name and address of another natural or legal person involved in the commercial distribution other than the bottler or importer.
As regards the Czech Republic, the rules pursuant to Article 1 are stated in the Bulletin of Ministry of Agriculture, year 2004, clause 2, p. 12, issued August 2004.
Based on these provisions, the respective code of bottler is assigned by the Ministry of Agriculture and it shall be applied for it. Its form is the same as the code of bottler of sparkling wine.