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

TITLE V U.K. CONTROLS IN THE WINE SECTOR

CHAPTER I U.K. Principles of control

Article 76 U.K. Checks

Without prejudice to specific provisions of this Regulation or other Community legislation, Member States shall introduce checks and measures in so far as they are necessary to ensure the proper application of Regulation (EC) No 479/2008 and this Regulation. They shall be effective, proportionate and dissuasive so that they provide adequate protection for the Communities’ financial interests.

In particular, Member States shall ensure that:

(a)

all eligibility criteria established by Community or national legislation or the national framework can be checked;

(b)

the competent authorities responsible for carrying out checks have a sufficient number of suitably qualified and experienced staff to carry out the checks effectively;

(c)

provision is made for checks to avoid irregular duplicated financing of measures under this Regulation and other Community or national schemes;

(d)

the checks and measures are in line with the nature of the support measure concerned. Member States shall define methods and means for verification and specify who shall be subject to checks;

(e)

controls are carried out either systematically or by sampling. In the case of sampling, Member States shall ensure that by their number, nature and frequency controls are representative of the whole of their territory and correspond, where applicable, to the volume of wine-sector products marketed or held with a view to their marketing;

(f)

the operations admitted to community financing are genuine and comply with the Community legislation.

Article 77 U.K. General principles

1. Verification shall be by administrative and where appropriate on-the-spot checks.

2. Administrative checks shall be systematic and shall include cross-checks with, inter alia, data from the integrated administration and control system provided for in Chapter 4 of Title II of Council Regulation (EC) No 1782/2003.

3. Except for the cases where systematic on the spot checks are foreseen by Regulation (EC) No 479/2008 or by this Regulation, the competent authorities shall perform on-the-spot checks by sampling an appropriate percentage of beneficiaries/producers on the basis of a risk analysis in accordance with Article 79 of this Regulation.

4. Concerning the measures foreseen by Articles 16, 17, 18 and 19 of Regulation (EC) No 479/2008 the sample size shall be at least 5 % of aid applications. The sample must also represent at least 5 % of the amounts covered by the aid.

5. Concerning measures foreseen by Article 15 of Regulation (EC) No 479/2008, Articles 26, 27 and 28 of Regulation (EC) No 1975/2006(1) shall apply mutatis mutandis.

6. Article 26(3) and (4) of Regulation (EC) No 796/2004 shall apply to on-the-spot checks provided for in this Article.

7. In all appropriate cases, Member States shall make use of the integrated administration and control system (IACS).

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

1. On-the-spot checks shall be unannounced. However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given. Such notice shall not exceed 48 hours, except in duly justified cases or for those measures where systematic on the spot checks are foreseen.

2. Where applicable, the on-the-spot checks provided for in this Regulation shall be carried out in conjunction with any other checks provided for by Community legislation.

3. The aid application or applications concerned shall be rejected if beneficiaries or their representatives prevent an on-the-spot check from being carried out.

Article 79 U.K. Selection of the control sample

1. Control samples for on-the-spot checks under this Regulation shall be selected by the competent authority on the basis of a risk analysis and — where controls specifically concern community financing — of representativeness of the aid applications submitted. The effectiveness of risk analysis shall be assessed and updated on an annual basis:

(a) by establishing the relevance of each risk factor;

(b) by comparing the results of the risk based and randomly selected sample referred to in the second subparagraph;

(c) by taking into account the specific situation in the Member State.

To provide the element of representativeness, the Member States shall select randomly between 20 and 25 % of the minimum number of beneficiaries/producers to be subjected to on-the-spot checks.

2. The competent authority shall keep records of the reasons why specific beneficiaries/producers were selected for on-the-spot checks. The inspector performing the on-the-spot check shall be informed of those reasons before beginning the check.

Article 80 U.K. Control report

1. Every on-the-spot check shall be the subject of a control report which makes it possible to review the details of the checks carried out.

As far as controls concern community financing the report shall indicate in particular:

(a) the aid schemes and applications checked;

(b) the persons present;

(c) where applicable the agricultural areas checked, the agricultural areas measured, the results of the measurements per parcel measured and the measuring methods used;

(d) the verification whether the given area has been properly tended in the case of grubbing-up scheme;

(e) the quantities which are covered by the check and their results;

(f) whether advance notice was given to the beneficiary/producer of the visit and, if so, how much;

(g) any further control measures carried out.

2. Where discrepancies are found between the information in the application and the actual situation found during the check carried out on the spot or by remote sensing, the grower shall receive a copy of the control report and shall have the opportunity to sign it before the competent authority draws its conclusions from the findings with regard to any resulting reductions or exclusions.

Article 81 U.K. Control related to the production potential

1. For the purpose of verification of compliance with the provisions on production potential laid down in Title V of Regulation (EC) No 479/2008, including the compliance with the prohibition on new planting laid down in Article 90(1) of that Regulation, Member States shall make use of the vineyard register.

2. When granting replanting rights as foreseen in Article 92 of Regulation (EC) No 479/2008, areas shall be systematically verified before and after the execution of the grubbing up. The plots checked shall be those for which replanting right is to be granted.

The control before the grubbing-up shall include verification of the existence of the vineyard concerned.

This control shall be carried out via a classical on-the-spot check. However, if the Member State disposes of a reliable updated computerised vineyard register, the control can be carried out administratively and the obligation of a control on the spot before grubbing-up can be limited to 5 % of the applications (on annual basis) in order to confirm the reliability of the administrative control system. Should on-the-spot checks reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall appropriately increase the number of on-the-spot checks during the year concerned and the following year.

3. Areas receiving grubbing-up premium shall be systematically verified before and after the execution of the grubbing up. The plots verified shall be those which are the subject of an application for aid.

The control before the grubbing-up shall include verification of the existence of the vineyard concerned, the area planted determined in accordance with Article 75 and whether the given area has been properly tended.

This control shall be carried out via a classical on-the-spot check. However, if the Member State disposes of a graphical tool that allows measurement of the parcel in accordance with Article 75 in the computerised vineyard register and of reliable updated information about the parcel being properly tended, the control can be carried out administratively and the obligation of a control on the spot before the grubbing-up may be limited to 5 % of the applications in order to confirm the reliability of the administrative control system. Should on-the-spot checks reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall increase the number of on-the-spot checks appropriately during the year concerned.

4. Verification that grubbing-up has actually taken place shall be done by a classical on-the-spot control or, in the case of grubbing up the entire vineyard parcel or if the resolution of the remote sensing is equal or better than 1 m², may be carried out by remote sensing.

5. In case of areas receiving grubbing-up premium, without prejudice to paragraph 3, third subparagraph and paragraph 4, at least one of the two controls mentioned in the first subparagraph of paragraph 3 shall be carried out via a classical on-the-spot check.

Article 82 U.K. Control bodies

1. Where a Member State designates several competent bodies to check compliance with the rules governing the wine sector, it shall coordinate the work of those bodies.

2. Each Member State shall designate a single liaison body responsible for contacts with the liaison bodies of other Member States and with the Commission. In particular, the liaison body shall receive and forward requests for cooperation with a view to implementing this Title, and shall represent its Member State vis-à-vis other Member States or the Commission.

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.

Article 89 U.K. Isotopic 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 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.

(1)

OJ L 368, 23.12.2006, p. 74. Regulation as last amended by Regulation (EC) No 1396/2007 (OJ L 311, 29.11.2007, p. 3).