Commission Regulation (EC) No 2729/2000 (repealed)Show full title

Commission Regulation (EC) No 2729/2000

of 14 December 2000

laying down detailed implementing rules on controls in the wine sector (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as amended by Commission Regulation (EC) No 1622/2000(2), and in particular Article 72(4) thereof,

Whereas:

(1) Article 72 of Regulation (EC) No 1493/1999, which replaces Council Regulation (EEC) No 822/87(3), as last amended by Regulation (EC) No 1677/1999(4), with effect from 1 August 2000, contains provisions relating to controls in the wine sector. The framework thus laid down requires implementing rules and the Regulations which dealt with that matter, Commission Regulations (EEC) No 2347/91 of 29 July 1991 on the collection of samples of wine products for the purposes of cooperation between Member States and for analysis by isotopic methods, including analysis for the purposes of the Community databank(5), as amended by Regulation (EC) No 1754/97(6), and (EEC) No 2348/91 of 29 July 1991 establishing a databank for the results of analyses of wine products by nuclear magnetic resonance of deuterium(7), as last amended by Regulation (EC) No 1932/97(8), should be repealed.

(2) According to the provisions of Commission Regulation (EC) No 1608/2000 of 24 July 2000 laying down transitional measures pending the definitive measures implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine(9), as last amended by Regulation (EC) No 2631/2000(10), Council Regulation (EEC) No 2048/89 of 19 June 1989 laying down general rules on controls in the wine sector(11) remains applicable until 30 November 2000. As a result, the new implementing rules should enter into force on 1 December 2000.

(3) For the purpose of the uniform application of wine-sector provisions, rules should be adopted with the aim of specifying the control procedures already in force at national and Community level, on the one hand, and ensuring direct collaboration between the bodies responsible for wine-sector controls, on the other.

(4) In addition, specific rules should be laid down for the creation and operation of the body of wine-sector officials, responsible within the Commission for ensuring the uniform application of Community rules.

(5) There should be rules governing the way in which the national bodies and the Commission assist each other in ensuring the correct application of wine-sector rules. Such rules must not hinder the application of specific provisions on Community expenditure, on the declassification of quality wines psr, on criminal matters or on national administrative penalties. Member States must ensure that the application of provisions specific to the latter two matters does not prejudice the purpose of this Regulation or the effectiveness of the controls provided for in it.

(6) Member States must ensure the effectiveness of the work of the bodies responsible for wine-sector controls. To that end, they must designate a body responsible for liaison between them and with the Commission. It is also vital that control operations are coordinated between the competent bodies in all Member States where wine-sector controls have been split up between several competent bodies.

(7) To help the uniform application of the rules throughout the Community, Member States must take the necessary steps to ensure that the staff of the competent bodies have a minimum of powers of investigation to guarantee compliance with the rules.

(8) In addition, the rules governing the creation and operation of the Commission's body of specific officials for wine-sector controls must be drawn up.

(9) If the Commission's specific officials encounter repeated and unjustifiable difficulties during the exercise of their tasks the Commission must be able to request explanations from the Member State concerned and the means required for the successful completion of the inspectors' tasks. The Member State in question must fulfil its obligations under this Regulation by helping the inspectors to accomplish their tasks.

(10) Special provisions must be laid down governing the controls to be carried out with regard to wine production potential. In particular, operations benefiting from Community assistance must be subject to systematic on-the-spot verification.

(11) The interdependence of wine-sector markets is reflected in the evolution of trade between Member States, in particular the constant increase in the number of international companies active in the sector, and the possibilities offered by the sector's management rules to have operations, whether aided or not, carried out in or transferred to, a location other than that from which the product originates. Such a situation calls for a greater harmonisation of control methods and closer collaboration between the various bodies responsible for controls.

(12) For the purpose of effective collaboration between the Member States in applying wine-sector rules, Member States' competent bodies must be able on request to liaise with competent bodies in another Member State. The rules governing that liaison and assistance must be drawn up.

(13) In view of the complex nature of certain matters and the urgent need to settle them, it is vital that a competent body requesting assistance can, in agreement with the other competent body, have authorised agents designated by it present when investigations are carried out.

(14) In the event of a serious risk of fraud or of fraud affecting several Member States or a single Member State the various bodies concerned must be able to implement automatically an unsolicited assistance procedure.

(15) In view of the nature of the information exchanged under this Regulation, it must be covered by professional confidentiality.

(16) Regulation (EEC) No 2348/91 establishes an analysis databank at the Joint Research Centre (JRC) for the purpose of contributing to the harmonisation of analytical controls throughout the Community and bringing together analysis samples and reports from Member States. The provisions governing that databank should be taken over and redrafted in the light of the experience gained since its establishment.

(17) The use of reference isotopic analysis methods may ensure more effective control of wine product enrichment or the discovery of the addition of water to such products or, used with the results of the analysis of other isotopic characteristics of such products, it may help to verify conformity with the origin indicated in their name. With a view to making interpretation of the results of such analysis easier, it should be possible to compare those results with results obtained previously using the same methods during the analysis of products with similar characteristics and authenticated origin and production.

(18) Isotopic analysis of wine or wine-derived products is carried out using the reference analysis methods provided for in Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods for the analysis of wines(12), as last amended by Regulation (EC) No 761/1999(13).

(19) In order to facilitate interpretation of the results obtained from such analyses carried out in Community laboratories equipped for the purpose and to guarantee that the results obtained in such laboratories are comparable, uniform rules should be drawn up for taking grape samples and for the vinification and storage of such samples.

(20) To guarantee the quality and comparability of analytical data a system of recognised quality standards must be applied to the laboratories designated by Member States to carry out the isotopic analysis of samples for the databank.

(21) Isotopic analysis of wine-sector products and interpretation of the results are delicate procedures and in order to permit uniform interpretation of such analysis results the JRC databank should be made accessible to official laboratories using that analysis method and, on request, to other official bodies in the Member States while respecting the principles of the protection of private data.

(22) Regulation (EEC) No 2347/91 contains rules on the taking of samples for dispatch to an official laboratory in another Member State and common rules for the taking of samples which are to be analysed by isotopic methods. Those rules should be taken over and the taking of samples for the Community databank should be deemed to be an instance of the taking of samples of a wine-sector product as part of the system of direct liaison between bodies.

(23) To guarantee the objective nature of the controls, the Commission's specific officials or the officials of a Member State's competent body must be able to ask the competent body in another Member State to carry out sampling. The requesting official must have access to the samples taken and be able to specify the laboratory where they are to be analysed.

(24) Detailed rules should be drawn up for the official taking of samples as part of the collaboration between Member States' competent bodies and for the use of such samples. Such rules must guarantee representativeness and the possibility of verifying the results of official analyses throughout the Community.

(25) To simplify the administration of expenditure relating to the taking and dispatch of samples, analysis and organoleptic testing and employing the services of an expert, the principle should be established that such expenditure is to be borne by the body ordering the sampling or the services of the expert.

(26) The conclusive force of the findings from controls carried out pursuant to this Regulation must be specified.

(27) Without prejudice to specific provisions in Community legislation, Member States must determine the penalties applicable to the breach of wine-sector rules. The penalties to be applied must be effective, proportional and deterrent and must not make the application of Community law more difficult when compared to penalties provided for under national law.

(28) To guarantee the smooth operation of controls and grape sampling in vineyards provisions should be adopted to prevent interested parties from obstructing controls concerning them and to make them facilitate sampling and furnish the information required pursuant to this Regulation.

(29) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 179, 14.7.1999, p. 1.

(2)

OJ L 194, 31.7.2000, p. 1.

(3)

OJ L 84, 27.3.1987, p. 1.

(4)

OJ L 199, 30.7.1999, p. 8.

(5)

OJ L 214, 2.8.1991, p. 32.

(6)

OJ L 248, 11.9.1997, p. 3.

(7)

OJ L 214, 2.8.1991, p. 39.

(8)

OJ L 272, 4.10.1997, p. 10.

(9)

OJ L 185, 25.7.2000, p. 24.

(10)

OJ L 302, 1.12.2000, p. 36.

(11)

OJ L 202, 14.7.1989, p. 32.

(12)

OJ L 272, 3.10.1990, p. 1.

(13)

OJ L 99, 14.4.1999, p. 4.