Commission regulation (EC) No 607/2009 (repealed)Show full title

SECTION 6 Checks

Article 24 Declaration by operators

Each operator wishing to participate in all or part of the production or packaging of a product with a protected designation of origin or geographical indication shall be declared to the competent control authority referred to in Article 47 of Regulation (EC) No 479/2008.

Article 25 Annual verification

1. The annual verification carried out by the competent control authority as referred to in Article 48(1) of Regulation (EC) No 479/2008 shall consist of:

(a) an organoleptic and analytical testing for products covered by a designation of origin;

(b) either analytical testing only or both organoleptic and analytical testing for products covered by a geographical indication; and

(c) a check on the conditions set out in the product specification.

The annual verification shall be conducted in the Member State in which production took place in accordance with the product specification and shall be carried out either through:

(a) random checks based on a risk analysis; or

(b) sampling; or

(c) systematically.

In the case of random checks, Member States shall select the minimum number of operators to be subjected to those checks.

In the case of sampling, Member States shall ensure that by their number, nature and frequency of controls, they are representative of the whole of the demarcated geographical area concerned and correspond to the volume of wine-sector products marketed or held with a view to their marketing.

Random checks may be combined with sampling.

2. The testing referred to in paragraph 1, first subparagraph, points (a) and (b) shall be performed on anonymous samples, demonstrate that the product tested complies with the characteristics and qualities described in the product specification for the relevant designation of origin or geographical indication, and be carried out at any stage in the production process, including even the packaging stage, or later. Each sample taken shall be representative of the relevant wines held by the operator.

3. For the purposes of checking compliance with the product specification referred to in paragraph 1, first subparagraph, point (c), the control authority shall check:

(a) the premises of operators, consisting in checking that the operators are actually able to meet the conditions laid down in the product specification; and

(b) the products at any stage of the production process, including the packaging stage, on the basis of an inspection plan which is drawn up in advance by the control authority and of which operators are aware, covering every stage of production of the product.

4. The annual verification shall ensure that a product cannot use the protected designation of origin or geographical indication relating to it unless:

(a) the results of the testing referred to in paragraph 1, subparagraph 1, points (a) and (b) and in paragraph 2 prove that the product in question complies with the limit values and possesses all the appropriate characteristics of the designation of origin or geographical indication concerned;

(b) the other conditions listed in the product specification are met in accordance with the procedures laid down in paragraph 3.

5. Any product failing to meet the conditions set out in this Article may be placed on the market, but without the relevant designation of origin or geographical indication, provided that the other legal requirements are satisfied.

6. In the case of a protected trans-border designation of origin or geographical indication, the verification may be performed by a control authority of either of the Member States affected by this designation of origin or geographical indication.

7. In the case where annual verification is carried out at the packaging stage of the product in the territory of a Member State which is not the Member State where the production took place, Article 84 of Commission Regulation (EC) No 555/2008(1) applies.

8. Paragraphs 1 to 7 apply to wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication concerned meet the requirements as referred to in Article 38(5) of Regulation (EC) No 479/2008.

Article 26 Analytical and organoleptic testing

The analytical and organoleptic testing referred to in the first subparagraph of paragraph 1 under (a) and (b) of Article 25 consists of:

(a)

an analysis of the wine in question measuring the following characteristic properties:

(i)

determined on the basis of a physical and chemical analysis:

• total and actual alcoholic strength,

• total sugars expressed in terms of fructose and glucose (including any sucrose, in the case of semi-sparkling and sparkling wines),

• total acidity,

• volatile acidity,

• total sulphur dioxide;

(ii)

determined on the basis of an additional analysis:

• carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 °C),

• any other characteristic properties provided for in Member States legislation or product specifications of protected designations of origin and geographical indications concerned;

(b)

an organoleptic test covering visual appearance, odour and taste.

Article 27 Checks on products originating in third countries

If third country's wines benefit from the protection of a protected designation of origin or geographical indication, the third country concerned shall send the Commission, at its request, information on the competent authorities referred to in Article 48(2) of Regulation (EC) No 479/2008 and on the aspects covered by the check, as well as proof that the wine in question fulfils the conditions of the relevant designation of origin or geographical indication.

(1)

OJ L 170, 30.6.2008, p. 1.