Commission Regulation (EC) No 555/2008Show full title

TITLE V U.K. CONTROLS IN THE WINE SECTOR

CHAPTER I U.K. Principles of control

F1 Article 76 U.K. [F1 Checks

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F1 Article 77 U.K. General principles

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F1 Article 78 U.K. On-the-spot checks

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F1 Article 79 U.K. Selection of the control sample

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F1 Article 80 U.K. Control report

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F1 Article 81 U.K. [F2 Control related to the production potential and to the operations of restructuring and conversion of vineyards]

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

F2 Substituted by Commission Regulation (EU) No 772/2010 of 1 September 2010 amending Regulation (EC) No 555/2008 laying down detailed rules for implementing 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 on controls in the wine sector.

F1 Article 82 U.K. Control bodies]

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Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008.

Article 83 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:

(a)

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

(b)

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;

(c)

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

(d)

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;

(e)

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

(f)

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.

CHAPTER II U.K. Assistance between control bodies

Article 84 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 a competent body of any other Member State liable to be affected directly or indirectly. Where such a request is made the assistance shall be provided in a timely manner.

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:

(a) 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;

(b) 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 point (a) of the first subparagraph may be made only with the agreement of the body appealed to.

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

6. The officials of the applicant body shall:

(a) produce a written order indicating their identity and official position;

(b) 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:

(i)

the rights of access provided for in points (a) and (b) of Article 83;

(ii)

the right to be informed of the results of controls carried out by the officials of the body appealed to under points (c) and (e) of Article 83;

(c) 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.

7. 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:

(a) replies to such requests;

(b) 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:

(a) make its request or communication directly to a competent body of another Member State;

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

Article 85 U.K. Unsolicited assistance

A competent body of a Member State shall, via the liaison body under which it comes, notify the liaison body of the Member State concerned without delay, where it has grounds for suspicion or becomes aware that:

(a)

a product referred to in Article 1(1) of Regulation (EC) No 479/2008 does not comply with the wine-sector rules or has been the subject of fraudulent action to obtain or market such a product; and

(b)

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.

Article 86 U.K. Common provisions

1. The information referred to in Article 84(1) and Article 85 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:

(a) the composition and organoleptic characteristics of the product in question;

(b) the description and presentation of the product;

(c) 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:

(a) the progress of investigations;

(b) any administrative or legal action taken subsequent to the operations concerned.

3. Travel costs incurred when implementing Article 84(2) and (4) shall be borne by:

(a) the Member State which has appointed an official for the measures referred to in these paragraphs; or

(b) 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.

CHAPTER III U.K. Analytical databank

Article 87 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 referred to in Article 31 of Regulation (EC) No 479/2008.

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 referred to in Article 31 of Regulation (EC) No 479/2008.

Article 88 U.K. Samples

1. For the establishment of the analytical databank, Member States shall ensure the taking of samples of fresh grapes for analysis as well as their treatment and processing into wine in accordance with the instructions in Annex XVI.

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.

3. The number of samples to be taken each year for the databank is set out in Annex XVII. The selection of samples must take account of the geographical situation of vineyards in the Member States listed in Annex XVII. Each year at least 25 % of the samples shall be taken from the same plots as in the previous year.

4. The samples shall be analysed by the methods referred to in Article 31 of Regulation (EC) No 479/2008 by laboratories designated by the Member States. The designated laboratories must meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025, and in particular must take part in a system of proficiency tests covering methods of isotopic analysis. The evidence of compliance with these criteria will be provided in writing to the JRC for the purpose of quality control and validation of the data provided.

5. An analysis report shall be drawn up in accordance with Annex XIX. A description sheet shall be drawn up for each sample in accordance with the questionnaire in Annex XVIII.

6. 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.

7. Member States and the JRC shall ensure that:

(a) data in the analytical databank are preserved;

(b) each of the samples is kept for at least three years from the date the sample is taken;

(c) the databank is used only for monitoring the application of Community and national wine legislation or for statistical or scientific purposes;

(d) measures are applied to safeguard the data, in particular against theft and interference;

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

[F3 Article 89 U.K.

For a period ending on 30 June 2015 , pending the setting up of the adequate analytical equipment, Croatia shall send its wine samples to the JRC for analysis.

Croatia may designate a competent body authorised to have access to the information on samples on its territory.]

Textual Amendments

F3 Substituted by Commission Implementing Regulation (EU) No 600/2013 of 24 June 2013 amending Regulation (EC) No 555/2008 as regards the carrying out of isotopic analyses of wine products in Croatia during a transitional period.

Article 90 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. The JRC shall draw up and update on a yearly basis the list of the Member States laboratories designated for the preparation of samples and the measurements for the analytical databank.

3. 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.

4. 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 91 U.K. Compliance with procedures

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

CHAPTER IV U.K. Collection of samples for control purposes

Article 92 U.K. Request for collection of samples

1. In the context of the application of Chapter II, 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 XX.

Article 93 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 89 shall be borne by the Community.

CHAPTER V U.K. General provisions

Article 94 U.K. Conclusive force

The findings of the officials of a competent body of a Member State in the course of application of this Chapter may be invoked by the competent bodies of the other Member States. 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 95 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:

(a) may not impede such collection in any way; and

(b) shall provide these officials with all the information required under this Regulation.

[F4 Article 95a U.K. Coordination of controls and access to information

With respect to controls relating to consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(i) of Commission Regulation (EC) No 436/2009 (1) , Member States, shall, not later than 1 March 2014 , adopt the measures required to give the competent bodies designated under Article 82(1) of this Regulation access to the information held in the computerised system referred to in Article 21 of Council Directive 2008/118/EC (2) and on the movements of wine products circulating under the arrangements laid down in Chapter IV of that Directive.

With respect to controls on consignments carried out under cover of the accompanying documents indicated in Article 24(1)(a)(ii) and (iii) of Regulation (EC) No 436/2009, Member States, shall, not later than 1 March 2014 , adopt the measures required to give the competent bodies designated under Article 82(1) of this Regulation access to the information held in the information systems set up to control the movements of wine products other than those referred to in the first paragraph of this Article.

The information held pursuant to the first and second subparagraphs may only be used, for the purposes of this Regulation, in relation to the specific controls laid down in the rules on the wine sector.]

Textual Amendments

F4 Inserted by Commission Implementing Regulation (EU) No 314/2012 of 12 April 2012 amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept.

(1)

[F4 OJ L 128, 27.5.2009, p. 15 .

(2)

OJ L 9, 14.1.2009, p. 12 .]

Textual Amendments

F4 Inserted by Commission Implementing Regulation (EU) No 314/2012 of 12 April 2012 amending Commission Regulations (EC) No 555/2008 and (EC) No 436/2009 as regards the documents accompanying consignments of wine products and wine sector registers to be kept.