CHAPTER VIICHECKS, COMPETENT AUTHORITIES, MUTUAL ASSISTANCE AND PENALTIES
SECTION ICHECKS, COMPETENT AUTHORITIES, LIAISON BODIES AND MUTUAL ASSISTANCE
Article 36General principles
F11.
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2.
F2...
3.
F3Paragraph 2 shall apply mutatis mutandis to the checks of wine products with a PDO or PGI provided for in Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 as regards the compliance with requirements of product specifications of those products.
Article 37Common provisions concerning checks
F41.
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2.
F5... F6Administrative and on-the-spot checks must be carried out. 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 take place. They shall be performed by sampling an appropriate percentage of producers on the basis of a risk analysis. 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.
F73.
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F84.
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Article 38Persons subject to checks
1.
Natural or legal persons and groups of such persons whose professional activities are the subject of the checks referred to in this Regulation shall not obstruct such checks and shall be required to facilitate them at all times.
2.
Operators from which samples are taken by officials of a competent authority:
(a)
may not impede their collection in any way; and
(b)
shall provide those officials with all the information required under this Regulation or under Implementing Regulation (EU) 2018/274.
F9Article 39Analytical databank of isotopic data
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F10Article 40Liaison body
1.
The Secretary of State is the liaison body responsible for official contact with:
(a)
third countries relating to matters covered by this Regulation for wine and other wine products imported into Great Britain from a third country, or exported from Great Britain to a third country;
(b)
Northern Ireland relating to matters covered by this Regulation for wine and other wine products moved into Great Britain from Northern Ireland, or moved from Great Britain to Northern Ireland.
2.
But the Secretary of State must not act as the liaison body responsible for official contact with third countries and Northern Ireland pursuant to paragraph 1, without the consent of:
(a)
the Scottish Ministers, in relation to wine and other wine products:
(i)
imported into Great Britain from a third countries during any period those products are in Scotland;
(ii)
originating in Scotland and exported from Great Britain to third countries;
(iii)
originating elsewhere than in Scotland and exported from Scotland to third countries;
(iv)
moved into Great Britain from Northern Ireland during any period those products are in Scotland;
(v)
originating in Scotland and moved from Great Britain to Northern Ireland;
(vi)
originating elsewhere than in Scotland and moved from Scotland to Northern Ireland;
(b)
the Welsh Ministers, in relation to wine and other wine products:
(i)
imported into Great Britain from third countries during any period those products are in Wales;
(ii)
originating in Wales and exported from Great Britain to third countries;
(iii)
originating elsewhere than in Wales and exported from Wales to a third country;
(iv)
moved into Great Britain from Northern Ireland during any period those products are in Wales;
(v)
originating in Wales and moved from Great Britain to Northern Ireland;
(vi)
originating elsewhere than in Wales and moved from Wales to Northern Ireland.
F11Article 41Powers of officials
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F11Article 42Coordination of checks and access to information
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F11Article 43Mutual assistance
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F11Article 44Conclusive force
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Article 45Notification of suspicion of non-compliance
F12... Where the competent authorities F13... find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013 F14or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, the liaison body F15designated by Article 40 must, without delay, inform, as relevant, the authorities of Northern Ireland and any third country concerned .
SECTION IIPENALTIES
F16Article 46Penalties and cost recovery for non-authorised plantings
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F17Article 47Penalties relating to accompanying documents and VI-1 documents for non-conformity with certain F18rules in retained EU law
1.
The application of Articles F19... 11 and 12 may be suspended for operators F20... where the competent authorities F21... find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013 F22or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.
F232.
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3.
F24In this Article, ‘operators’ means winegrowers, harvesters, producers, processors, bottlers and merchants.
F25Article 48Penalties for non-compliance with the obligations to keep the inward and outward register, submit declarations or make notifications
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F25Article 49Exceptional circumstances and obvious errors
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