Commission Regulation (EC) No 2729/2000 (repealed)Dangos y teitl llawn

Article 1 U.K. Checks and penalties

1. This Regulation lays down specific arrangements for checks and penalties in the wine sector.

2. This Regulation shall not affect the application of:

• specific provisions governing relations between Member States in combating fraud in the wine sector in so far as they are such as to facilitate the application of this Regulation,

• rules relating to:

  • criminal proceedings or mutual assistance among Member States at judicial level in criminal matters,

  • the administrative penalties procedure.

TITLE I U.K. CHECKS BY THE MEMBER STATES

Article 2 U.K. Principles

1. The Member States shall take the measures required to check compliance with Community rules governing the wine sector and the national rules for applying them.

2. The Member States shall carry out administrative and on-the-spot checks so as to ensure efficient verification of compliance with the required conditions.

3. In line with the nature of the support measure concerned, Member States shall define methods and means for verification and specify who shall be subject to checks.

4. Controls shall be carried out either systematically or by sampling. In the case of sampling, Member States shall ensure that by their number, nature and frequency controls are representative of the whole of their territory and correspond to the volume of wine-sector products marketed or held with a view to their marketing.

Article 3 U.K. Control bodies

1. Where a Member State designates several competent bodies to check compliance with the rules governing the wine sector, it shall coordinate the work of those bodies.

2. Each Member State shall designate a single liaison body responsible for contacts with the liaison bodies of other Member States and with the Commission. In particular, the liaison body shall receive and forward requests for cooperation with a view to implementing this Title, and shall represent its Member State vis-à-vis other Member States or the Commission.

3. The Commission shall see that information notified to it by the Member States pursuant to Article 72(2) of Regulation (EC) No 1493/1999 is distributed regularly in appropriate form.

Article 4 U.K. Powers of control officials

Each Member State shall take all appropriate measures to facilitate the work of the officials of its competent bodies. It shall ensure in particular that such officials, where appropriate in conjunction with officials of other departments which it authorises for the purpose:

• have access to vineyards, wine-making and storage installations, installations for processing wine-sector products and vehicles for transporting those products,

• have access to the commercial premises (or warehouses) and vehicles of anyone holding with a view to sale, marketing or transporting wine-sector products or products which may be intended for use in the wine sector,

• may undertake an inventory of wine-sector products and substances or products which may be used for the preparation of such products,

• may take samples of wine-sector products, substances or products which may be used for the preparation of such products and products held with a view to sale, marketing or transport,

• may study accounting data and other documents of use in control procedures, and make copies or extracts thereof,

• may take appropriate protective measures regarding the preparation, holding, transport, description, presentation and marketing of a wine-sector product or a product intended for use in the preparation of such a product, if there is reason to believe that there has been a serious infringement of Community provisions, in particular in the case of fraudulent treatment or risks to health.

Article 5 U.K. Production potential

1. For the purpose of compliance with the provisions on production potential laid down in Title II of Regulation (EC) No 1493/1999 Member States shall make use of the vineyard register or reference charts, as applicable, in accordance with Council Regulation (EEC) No 2392/86(1).

Permanent abandonment and restructuring and conversion receiving a contribution from the Community shall be systematically verified on the spot. The plots checked shall be those which are the subject of an application for aid.

2. Compliance with the prohibition on new planting laid down in Article 2(1) of Regulation (EC) No 1493/1999 shall be verified by means of the reference chart drawn up in accordance with Article 4(4) of Regulation (EEC) No 2392/86.

The Member States where no reference chart is available shall notify the Commission before 1 January 2001 of the measures introduced to ensure compliance with the prohibition on new planting.

TITLE II U.K. COMMUNITY CONTROL STRUCTURE

Article 6 U.K. The Commission's body of specific officials

1. The Commission's body of specific officials set up under Article 72(3) of Regulation (EC) No 1493/1999 may help with checks organised by the competent bodies in the Member States.

Checks shall be carried out in accordance with Article 9(2) of Council Regulation (EC) No 1258/1999(2).

The Commission may request the Member States:

• to provide information on their planned checks,

• to carry out checks with the aid of its specific officials.

The officials of the Member States shall at all times be in charge of carrying out the control operations referred to in the first and second subparagraphs.

2. In carrying out their duties, the Commission's specific officials shall have the rights and powers set out in the first, second, third and fifth indents of Article 4 without prejudice to the limits imposed by the Member States on their own officials in carrying out the controls concerned.

The Commission's specific officials shall, in the course of checks, adopt an attitude compatible with the rules and professional practices which officials of the relevant Member State must follow. They shall observe professional confidentiality.

3. After the execution of each control operation, the Commission shall forward a communication on the work of its specific officials to the liaison body of the Member State concerned; that communication shall record any difficulties encountered and infringements of the provisions in force that were found.

TITLE III U.K. ASSISTANCE BETWEEN CONTROL BODIES

Article 7 U.K. Assistance on request

1. Where a competent body of a Member State undertakes control activities on its territory, it may appeal for information from the Commission or a competent body of any other Member State liable to be affected directly or indirectly.

The Commission shall be notified whenever the product which is the subject of the controls referred to in the first subparagraph originates in a third country, and if the marketing of this product may be of specific interest to other Member States.

The body appealed to shall provide all such information as may enable the applicant body to carry out its duties.

2. Where reasoned application is made by the applicant body, the body appealed to shall perform special supervision or checks with a view to achieving the aims pursued, or shall take the necessary steps to ensure that such supervision or checks are performed.

3. The body appealed to shall act as though on its own behalf.

4. In agreement with the body appealed to, the applicant body may designate officials:

• either to obtain, on the premises of the administrative authorities coming under the Member State in which the body appealed to is established, information relating to the application of the rules in the wine sector or to control activities, including the making of copies of transport and other documents or extracts from registers,

• or to be present during operations requested under paragraph 2, after advising the body appealed to in good time before the start of those operations.

The copies referred to in the first indent may be made only with the agreement of the body appealed to.

The officials of the body appealed to shall remain in charge of the control operations at all times.

The officials of the applicant body shall:

• produce a written order indicating their identity and official position,

• be accorded, without prejudice to the limits imposed by the Member State of the body appealed to on its own officials in carrying out the controls in question:

  • the rights of access provided for in the first and second indents of Article 4,

  • the right to be informed of the results of controls carried out by the officials of the body appealed to under the third and fifth indents of Article 4,

• in the course of checks, conduct themselves in a way compatible with the rules and professional practices which officials of the Member State are expected to follow, and observe professional confidentiality.

5. The requests referred to in this Article shall be forwarded to the body appealed to in the Member State in question via the liaison body of that Member State. The same procedure shall apply to:

• replies to such requests,

• communications concerning the application of paragraphs 2 and 4.

Notwithstanding the first subparagraph and in the interests of quicker and more effective cooperation between them, Member States may permit a competent body to:

• make its request or communication directly to a competent body of another Member State,

• reply directly to requests or communications received from a competent body of another Member State.

Article 8 U.K. Unsolicited assistance

Where a competent body of a Member State has grounds for suspicion or becomes aware that:

• a product listed in Article 1(2) of Regulation (EC) No 1493/1999 does not comply with the wine-sector rules or has been the subject of fraudulent action to obtain or market such a product, and

• this failure to comply with the rules is of specific interest to one or more other Member States and such as to lead to administrative measures or legal action,

that competent body shall, via the liaison body under which it comes, notify the liaison body of the Member State concerned and the Commission without delay.

Article 9 U.K. Common provisions

1. The information referred to in Article 7(1) and Article 8 shall be accompanied and supplemented as soon as possible by relevant documents and other evidence and a reference to any administrative measures or legal proceedings, and shall specifically cover:

• the composition and organoleptic characteristics of the product in question,

• the description and presentation of the product,

• compliance or not with the rules laid down for producing and marketing the product.

2. The liaison bodies involved in a case for which the assistance procedure is initiated shall inform each other without delay of:

• the progress of investigations,

• any administrative or legal action taken subsequent to the operations concerned.

3. Travel costs incurred when implementing Article 7(2) and (4) shall be borne by:

• the Member State which has appointed an official for the measures referred to in the preceding paragraphs, or

• the Community budget at the request of the liaison body of that Member State if the Commission has formally recognised in advance the Community interest of the control activity in question.

TITLE IV U.K. ANALYTICAL DATABANK

Article 10 U.K. Purpose of the databank

1. An analytical databank for wine products shall be managed by the Joint Research Centre (JRC).

2. The databank shall contain data obtained from isotopic analysis of the components of ethanol and water in wine products according to the reference methods of analysis provided for in Regulation (EEC) No 2676/90.

3. The databank is to help harmonise the interpretation of the results obtained by the official laboratories of the Member States in applying the reference methods of analysis provided for in Regulation (EEC) No 2676/90.

Article 11 U.K. Samples

1. For the establishment of the analytical databank, samples of fresh grapes for analysis shall be taken, treated and processed into wine in accordance with the instructions in Annex I.

2. The samples of fresh grapes shall be taken from vineyards situated in a wine-growing area of clearly defined soil type, situation, vine training system, variety, age and cultural practices.

[F1 The number of samples to be taken each year for the databank shall be at least:

• 20 samples in the Czech Republic,

• 200 samples in Germany,

• 50 samples in Greece,

• 200 samples in Spain,

• 400 samples in France,

• 400 samples in Italy,

• 10 samples in Cyprus,

• 4 samples in Luxembourg,

• 50 samples in Hungary,

• 4 samples in Malta,

• 50 samples in Austria,

• 50 samples in Portugal,

• 20 samples in Slovenia,

• 15 samples in Slovakia,

• 4 samples in the United Kingdom.]

The selection of samples must take account of the geographical situation of vineyards in the above Member States.

Each year at least 25 % of the samples shall be taken from the same plots as in the previous year.

3. The samples shall be analysed by the methods described in the Annex to Regulation (EEC) No 2676/90 by laboratories designated by the Member States. The designated laboratories must meet the general criteria for the operation of testing laboratories set out in European Standard EN 45001 or ISO/IEC 17025, and in particular must take part in a system of proficiency tests covering methods of isotopic analysis.

4. An analysis report shall be drawn up in accordance with Annex III. A description sheet shall be drawn up for each sample in accordance with Annex II.

5. A copy of the report with the results and interpretation of the analyses along with a copy of the description sheet shall be sent to the JRC.

6. Member States and the JRC shall ensure that:

• data in the analytical databank are preserved,

• at least one control sample for each of the samples sent to the JRC for analysis is kept for at least three years from the date the sample is taken,

• the databank is used only for monitoring the application of Community and national wine legislation or for statistical or scientific purposes,

• measures are applied to safeguard the data, in particular against theft and interference,

• files are made available, without undue delay or cost, to those to whom they relate so that any inaccuracies can be rectified.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 2120/2004 of 10 December 2004 amending Regulation (EC) No 2729/2000 laying down detailed implementing rules on controls in the wine sector.

Article 12 U.K. Isotopic analyses

1. [F1 For a period ending on 31 July 2008 , pending the setting up of the adequate analytical equipment, wine-producing Member States not equipped to carry out isotopic analysis shall send their wine samples to the JRC for analysis.] In this case, they may designate a competent body authorised to have access to the information on samples taken on their territory.

2. Member States carrying out their own isotopic analysis of wine products shall send at least 10 % of the samples for control analysis by the JRC or by any other laboratory designated by the JRC.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 2120/2004 of 10 December 2004 amending Regulation (EC) No 2729/2000 laying down detailed implementing rules on controls in the wine sector.

Article 13 U.K. Communication of results

1. The information contained in the databank shall be made available on request to the laboratories designated by the Member States for that purpose.

2. In duly substantiated cases, the information referred to in paragraph 1, when representative, may be made available on request to other official bodies in the Member States.

3. Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin. Any communication of information shall be accompanied by a reminder of the minimum requirements for the use of the databank.

Article 14 U.K. Compliance with procedures

Member States shall ensure that the results of isotopic analyses contained in their own databanks are obtained by analysing samples taken and treated in accordance with this Title.

TITLE V U.K. COLLECTION OF SAMPLES FOR CONTROL PURPOSES

Article 15 U.K. Request for collection of samples

1. In the context of the application of Titles II and III, the specific officials of the Commission or the officials of a competent body of a Member State may request a competent body of another Member State to collect samples in accordance with the relevant provisions of that Member State.

2. The applicant body shall hold the samples collected and shall determine inter alia the laboratory where they are to be analysed.

3. Samples shall be taken and treated in accordance with the instructions in Annex IV.

Article 16 U.K. Costs of collection, dispatch and analysis of samples

1. The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests shall be borne by the competent body of the Member State which asked for the sample to be taken. Such costs shall be calculated according to the rates applicable in the Member State in the territory of which the operations are carried out.

2. The costs incurred in sending the samples referred to in Article 12 to the JRC or to another laboratory designated by the JRC for analysis by isotopic methods shall be borne by the Community.

For Member States which do not have a laboratory equipped for wine analysis by isotopic methods, the costs incurred in sending all the samples to be taken under Article 14(1) to the JRC shall be borne by the Community.

TITLE VI U.K. GENERAL AND FINAL PROVISIONS

Article 17 U.K. Conclusive force

The findings of the specific officials of the Commission or the officials of a competent body of a Member State in the course of application of this Title may be invoked by the competent bodies of the other Member States or by the Commission. In such cases, they shall have no less value because of the fact that they do not come from the Member State in question.

Article 18 U.K. Penalties

Without prejudice to the special arrangements provided for in Regulation (EC) No 1493/1999 or in the regulations adopted pursuant to that Regulation, the Member States shall determine the penalties applicable to breaches of the provisions governing the wine sector and shall take all necessary measures to ensure their application. Such penalties shall be effective, be commensurate with their purpose and have adequate deterrent effect.

Article 19 U.K. Persons subject to controls

1. Natural or legal persons and groups of such persons whose professional activities may be the subject of the controls referred to in this Regulation shall not obstruct such controls and shall be required to facilitate them at all times.

2. Cultivators of vines from which grapes are taken by officials of a competent body:

• may not impede such collection in any way, and

• must provide these officials with all the information required under this Regulation.

Article 20 U.K. Repeal

Regulations (EEC) No 2347/91 and (EEC) No 2348/91 are hereby repealed.

Article 21 U.K.

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 December 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.