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

CHAPTER II Assistance between control bodies

Article 84 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 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 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.