CERTIFICATION AND ANALYSIS OF U.S. WINE FOR
EXPORT TO THE EUROPEAN ECONOMIC COMMUNITY (EEC)
Proprietors of Bonded Wineries, Bonded Wine Cellars, Taxpaid Wine Bottling
Houses and Others Concerned
Purpose: This circular is issued to notify the public that:
- the provisions of ATF Procedure 73-6 which set out the requirements to
be met by chemists or laboratories wishing to be certified by the Bureau of
Alcohol, Tobacco and Firearms (ATF) for the analysis of wine for export to
the EEC are now superseded by ATF Procedure 86-2 (see ATF Industry Circular
86-3); and,
- the provisions of ATF Procedure 73-6 which dealt with the documentation
requirements for U.S. wine exported to the EEC are now superseded by ATF
Procedure 86-1.
ATF Procedure 86-1, which will be published in the next issue of the
Alcohol, Tobacco and Firearms Quarterly Bulletin (see below), outlines the
substantially modified documentation requirements for U.S. wine exported to
the EEC. These modifications are a result of recent revisions in EEC
regulations.
Although the revised EEC regulations apply to several types of grape
products, ATF Procedure 86-1 deals only with U.S. grape table wine and U.S.
sparkling grape wine since it was felt these are the wine products of primary
interest to American exporters.
Those wishing to export U.S. grape table wine and U.S. sparkling grape wine
to the European Economic Community should pay careful attention to all aspects
of this circular, noting, in particular, the new EEC Forms V.I.1 which will be
required to accompany these wines and the new, simplified certification and
analysis procedures applicable to wine meeting the conditions set forth in
Section 7.01 below. In this connection, ATF urges all producers who would
like to be authorized to use the new, simplified certification and analysis
procedures to immediately submit the certification statement referenced in
Section 8.01.
Those wishing to export grape dessert wine, grape juice and grape must to
the EEC will find the applicable certification/analysis requirements outlined
in Commission Regulation (EEC) No. 3590/85 of December 18, 1985 (Attachment
I). Exporters are welcome to contact ATF for assistance if there are any
questions concerning these requirements.
ATF Procedure 86-1 will appear in the next issue of the Alcohol, Tobacco and
Firearms Quarterly Bulletin and will read as follows:
Section 1. Purpose.
1.01 The purpose of this procedure is to outline the new requirements of
the European Economic Community (hereinafter referred to as the EEC or the
Community) as they apply to certification and analysis of commercial shipments
of U.S. grape table wine and U.S. sparkling grape wine, only.
Section 2. Definitions.
2.01 U.S. Wine. For the purposes of this procedure, the term, U.S. wine,
refers only to U.S. grape table wine and U.S. sparkling grape wine intended
for export to the Community for marketing for direct human consumption.
2.02 The Member States of the Community. The Member States of the
Community presently include: Belgium, Denmark, Federal Republic of Germany,
France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain
and the United Kingdom.
2.03 Consignment. For the purposes of this procedure, a consignment is the
quantity of the same wine consigned by one consignor to one consignee for the
purpose of marketing.
2.04 Actual Alcoholic Strength. For the purposes of this procedure, actual
alcoholic strength means percent alcohol content by volume at 20°C.
2.05 Potential Alcoholic Strength. For the purposes of this procedure,
potential alcoholic strength means the percent alcohol content by volume at
20°C which would result from complete fermentation of all fermentable sugars.
2.06 Total Alcoholic Strength. For the purposes of this procedure, total
alcoholic strength means the sum of the actual and potential alcoholic
strength.
Section 3. Background.
3.01 ATF Procedure 73-6 outlined the EEC certification and analysis
requirements which were applicable at the time that procedure was issued in
1973.
3.02 Subsequent to the issuance of that procedure, the EEC issued
"Commission Regulation (EEC) No. 2115/76 of August 20, 1976 laying down
general rules for the import of wines, grape juice and grape must". This
regulation exempted U.S. wine in containers of four liters or less from
certification and analysis requirements on the basis that annual U.S. exports
of such products to the Community totaled less than 1000 hectoliters. Thus,
from the time of this exemption to the present, U.S. wineries did not have to
comply with EEC certification and analysis requirements for such products.
3.03 On December 20, 1985, the Community published "Commission Regulation
(EEC) No. 3590/85 of December 18, 1985 on the certificate and analysis report
required for the importation of wine, grape juice and grape must". This
regulation makes three fundamental changes to the present EEC certification
and analysis requirements, i.e.,:
(a) except as provided in Section 5.02, effective April 2, 1986, it
no longer exempts the United States from certification and analysis for
shipments of wine in containers of four liters or less;
(b) except as specified in Section 5.01, it requires that U.S. wine
exported from the U.S. on or after April 2, 1986 be accompanied by Forms
V.I.1 and prescribes a new model of Form V.I.1 (see Section 5.06). (The
procedures outlined herein relate only to this new model of Form V.I.1.);
and,
(c) it makes provision for use of new, simplified procedures for
completing the new Forms V.I.1 for shipments of wine meeting the conditions
referenced in Section 7-01.
3.04 The EEC established April 2, 1986 as the effective date of Commission
Regulation No. 3590/85 (Attachment I) to allow those wishing to export to the
Community sufficient time to adjust to the new procedures and to print the new
forms.
3.05 The simplified procedures noted in Section 3.03(c) considerably
minimize administrative burdens by allowing authorized U.S. producers to
self-certify the new Forms V.I.1. They also minimize financial burdens by
reducing the number of analyses required from a total of eight to a total of
three, i.e., actual alcoholic strength, total sulfur dioxide and total acidity
Section 4. EEC Regulations.
4.01 "Commission Regulation (EEC) No. 3590/85 of December 18, 1985 on the
certificate and analysis report required for the importation of wine, grape
juice and grape must" is included as Attachment I. This regulation outlines
the certification and analysis procedures referenced in Sections 6 and 7.
4.02 "Council Regulation (EEC) No. 1873/84 of June 28, 1984 authorizing
the offer or disposal for direct human consumption of certain imported wines
which may have undergone oenological processes not provided for in Regulation
(EEC) No. 337/79" is included as Attachment II. This regulation specifies the
wine treating materials which the EEC accepts for use in the production of
U.S. wine.
4.03 ATF will make every effort to alert the public to any other
information having a significant bearing on certification, analysis and
treatment of U.S. wine; however, the ultimate responsibility to keep abreast
of EEC regulations lies with U.S. exporters. U.S. exporters and others
concerned should contact the European Community Information Service at 2100 M
Street, NW, Washington, DC 20037 for additional copies of, or further
information concerning, Community regulations.
Section 5. General Instructions Applicable to Forms V.I.1.
5.01 Forms V.I.1 are not required for any wine originating in or coming
from non-EEC countries in containers of two liters or less, where the total
quantity transported, even if it is composed of two or more individual
consignments, does not exceed 60 liters.
5.02 Forms V.I.1 are not required for U.S. wine packaged in containers of
four liters or less which enters the Community before September 30, 1986,
provided satisfactory proof is offered to Community customs authorities that
it left the U.S. before April 2, 1986.
5.03 Except as indicated in Section 5.01, Forms V.I.1 shall, as in the
past, accompany each consignment of U.S. wine which is not packaged in
containers of four liters or less. U.S. exporters may continue to use
existing supplies of the present model of Forms V.I.1 for shipments of such
wine which enter the Community before September 30, 1986, provided
satisfactory proof is offered to Community customs authorities that it left
the U.S. before April 2, 1986.
5.04 Except as indicated in Section 5.01, the new model of Forms V.I.1, as
described in Section 5.06, shall accompany each consignment of U.S. wine
shipped on or after April 2, 1986 (see Sections 6 and 7).
5.05 An original Form V.I.1 and four carbon copies shall be prepared, when
required, for each consignment of U.S. wine.
5.06 Exporters are required to provide their own supply of Forms V.I.1
following the model shown in Annex II of Commission Regulation No. 3590/85
(Attachment I). Form V.I.1 shall:
(a) be approximately 210 mm x 297 mm in size;
(b) be printed on white paper weighing at least 40 grams per
square meter;
(c) bear the name and address or the mark of the printer;
(d) be printed in English.
5.07 Forms V.I.1 shall be completed in the English language. The
information provided on the original shall be clearly legible on all four
copies and shall be either typed or printed in ink using block letters. They
shall contain no erasures or alterations. Were necessary, changes shall be
made by striking out the wrong entry and inserting the required details. Any
change made in this way shall be approved by its author and stamped, as the
case may be, by the official agency, the laboratory or the customs authorities.
Section 6. Procedures for Preparing Forms V.I.1 for the Export of U.S. Wine
Which Does Not Meet the Requirements of Section 7.01.
6.01 The exporter shall complete Forms V.I.1 as follows:
(a) Exporter (Box 1). Identify the name and complete address of the
exporter. If the exporter is a wine producer, the name and address shall
be that as shown on the "Wine Producer's and Blender's Basic Permit" (ATF F
5120.18) issued to the producer. Otherwise, the name and address shall be
that as shown on the "Wholesaler's Basic Permit" (ATF F 5170.3) issued to
the exporter.
(b) Third Country of Issue and Serial Number (upper right hand corner). Identify the country of issue as either "United States of America" or
"U.S.A.". Assign a serial number consisting of the last two digits of the
calendar year in which the Forms are prepared followed by a dash and the
number "1" for the first set of Forms prepared, "2" for the second, etc.
(e.g., 86-1, 86-2, etc.).
(c) Consignee (Box 2). Identify the name and address of the consignee.
(d) Marks and reference numbers - Number and nature of packages -
Description of product (Box 6). Provide sufficient shipping information to
identify the consignment to the proper authorities (e.g., bill of lading
number, invoice number, etc.). Enter the number and nature of the
packaging used (e.g., 100 cases) and describe the wine giving at least the
following information:
- for non-appellation U.S. wine, indicate "U.S. Table Wine" or
"U.S. Sparkling Wine" as appropriate;
- for appellation U.S. wine, indicate the country of origin,
appellation, vintage date and, if applicable, the varietal designation
and whether it is sparkling e.g., "U.S. 1983 Napa Valley Cabernet
Sauvignon", "U.S. 1980 New York State Sparkling Wine".
(e) Quantity (liters/hectoliters/kilograms) (Box 7). Select the
unit of volume preferred and delete the other two. Identify the total
quantity in the consignment using the chosen unit of measure.
(f) Number of Bottles (Box 8). If the consignment is a bottled
shipment, specify the number of bottles in the consignment.
(g) Colour of the product (Box 9). Describe the color of the wine in
the consignment as being either red, white or rose.
(h) CERTIFICATE (Box 10). Place an "X" in the appropriate square. To
determine if the consignment of wine covered by the Forms V.I.1 "has not
been subjected to oenological practices which are not permitted under
current Community provisions relating to the import of the product in
question", refer to Section 4.02 and Attachment II.
6.02 After completing the Forms V.I.1 as specified in Section 6.01, the
exporter shall attach to the set of Forms V.I.1 a certification statement as
referenced in Attachment III. Attachment III or photocopies thereof may be
used for submission of the certfication statement if appropriately completed
with original signature.
6.03 The exporter shall forward one 750 mL sample of the wine referenced
in the Forms V.I.1 to a chemist, enologist or laboratory certified by ATF for
the analysis of wine for export in accordance with ATF Procedure 86-2. The
list of ATF-certified chemists, enologists and laboratories are published in
the "C" series of the Official Journal of the European Communities and may be
obtained at the following address:
Certified Laboratories - Wine
National Laboratory Center
Bureau of Alcohol, Tobacco arms Firearms
1401 Research Boulevard
Rockville, Maryland 20850
6.04 The sample shall be accompanied by the original and all four copies
of the applicable Forms V.I.1 to which shall be attached the certification
statement referenced in Section 6.02.
6.05 Upon receipt of the sample, set of Forms V.I.1 and certification
statement from the exporter, the certified chemist, enologist or laboratory,
using the techniques described in ATF Procedure 86-2, shall perform the
chemical tests specified in Box 11 (with the exception of the test for
"density") and complete Box 11, in full, insuring that the precise analytical
units of measurement are specified (e.g., total acidity: x g/100 mL calculated
as tartaric acid).
6.06 The certified chemist, enologist or laboratory shall then retain one
copy of Form V.I.1 and forward the original, the remaining three copies and
the certification statement referenced in Section 6.02, to the Regional
Director (Compliance), Bureau of Alcohol, Tobacco and Firearms, serving the
region in which the exporter is located, Attention: Chief, Technical Services.
6.07 Upon receipt of the duly completed Forms V.I.1, the Regional Director
(Compliance) shall complete Box 10 identifying the Bureau address as
referenced in Section 7.07. The Regional Director (Compliance) shall then
retain one copy of Form V.I.1 as well as the certification statement
referenced in Section 6.02 and return the original and two remaining copies of
Forms V.I.1 to the exporter.
6.08 The exporter shall retain one copy of Form V.I.1 and forward the
original and remaining copy with the consignment.
6.09 The documents to be retained shall be kept on file for five years.
Section 7. Simplified Procedures for Preparing Forms V.I.1
7.01 The procedures outlined in this section apply only to U.S. wine
produced by U.S. wineries authorized in accordance with Section 8 and exported
by these wineries, on or after April 2, 1986, in labeled containers, of 60
liters or less, fitted with non-reusable closing devices.
7.02 The producer shall complete Forms V.I.1 as indicated in Section 6.01.
7.03 The producer shall include in Box 1 the bonded winery registry number
as shown on the "Wine Producer's and Blender's Basic Permit" (ATF F 5120.18)
issued to the producer.
7.04 The producer shall then follow the procedure outlined in Section
6.03. The sample shall be accompanied by the original and all four copies of
Forms V.I.1.
7.05 Upon receipt of the sample and set of Forms V.I.1 from the producer,
the certified chemist, enologist or laboratory, using the techniques described
in ATF Procedure 86-2, shall determine only actual alcoholic strength, total
acidity and total sulfur dioxide and complete Box 11 only with respect to
these analyses, insuring that the precise analytical units of measurement are
specified (e.g., total acidity: x g/100 mL calculated as tartaric acid).
7.06 The certified chemist, enologist or laboratory shall leave the other
areas of Box 11 blank, retain one copy of Form V.I.1 and forward the original
and three remaining copies to the producer.
7.07 With respect to Box 10, an official recognized by ATF as having
authority to sign on behalf of the winery shall delete the words "name and
title of official", sign under the word "Signature" and insert the place and
date of signature in the appropriate areas. In this case, a stamp is not
required and the producer shall insert the following in the area headed "Full
name and address of the official agency":
Bureau of Alcohol, Tobacco and Firearms
1200 Pennsylvania Avenue, NW
Washington, DC 20226
U.S.A.
7.08 With respect to Box 11, an official recognized by ATF as having
authority to sign on behalf of the winery shall delete the words "name and
title of official", sign under the word "Signature" and insert the place and
date of signature in the appropriate areas. In this case, neither a stamp nor
the name and address of the laboratory is required.
7.09 The producer shall forward one copy of Form V.I.1 to the Regional
Director (Compliance), Bureau of Alcohol, Tobacco and Firearms, serving the
region in which the producer is located, Attention: Chief, Technical Services.
7.10 The producer shall retain one copy of Form V.I.1 and forward the
original and remaining copy with the consignment.
7.11 The documents to be retained shall be kept on file for five years.
Section 8. Procedures for the Authorization of U.S. Producers Wishing To Be
Eligible To Use the Procedures Referenced in Section 7.
8.01 U.S. producers shall submit to ATF a certification statement as
referenced in Attachment IV. Attachment IV may be used for this purpose provided it has been appropriately completed with original signature. The
certification statement shall be mailed to the following address:
Chief, Alcohol Import-Export Branch
Bureau of Alcohol, Tobacco and Firearms
Attn: Certification Statement (EEC)
P.O. Box 385
Washington, DC 20226
8.02 ATF will submit, to the European Economic Community, the names,
addresses and bonded winery registry numbers of the wineries which have
submitted the certification statement referenced in Section 8.01 and will
identify these wineries as being authorized, until such time as this
authorization is withdrawn, to draw up V.I.1 documents in accordance with
"Commission Regulation (EEC) No. 3590/85 of December 18, 1985 on the
certificate and analysis report required for the importation of wine, grape
juice and grape must".
8.03 The EEC will publish the list of authorized wineries in the "C"
series of the Official Journal of the European Communities and will update the
list as needed.
Section 9. Effect on Other Documents.
9.01 The provisions of ATF Procedure 73-6 which dealt with the
documentation requirements for U.S. wine exported to the EEC are hereby
superseded.
Section 10. Inquiries.
10.01 Inquiries concerning this procedure should refer to its number and
should be addressed to:
Chief, Alcohol Import-Export Branch
Bureau of Alcohol, Tobacco and Firearms
Attn: Industry Circular 86-2
P.O. Box 385
Washington, DC 20226
Acting Director
See Attachment |