TITLE VCONTROLS IN THE WINE SECTOR
CHAPTER IIIAnalytical databank
Article 87Purpose 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 88Samples
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.
Article 89Isotopic analyses
For a period ending on 31 July 2010, pending the setting up of the adequate analytical equipment, wine-producing Member States that acceded to the Community in 2004 or 2007 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.
Article 90Communication 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 91Compliance 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.