31978R1439

No L 173/ 2 Official Journal of the European Communities 29 . 6 . 78

COUNCIL REGULATION ( EEC) No 1439/ 78

of 19 June 1978

on direct cooperation between the bodies designated by Member States to verify compliance with Community and national provisions in the wine sector

THE COUNCIL OF THE EUROPEAN context, provision should be made for requesting the COMMUNITIES, assistance of a qualified expert and for cooperation between the competent bodies of the various Member States, particularly if other measures have not made it Having regard to the Treaty establishing the European possible to establish that the product in question Economic Community, complies with the wine provisions ;

Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provi­ Whereas, with a view to introducing a simple proce­ sions for the common organization of the market in dure for this cooperation , provision should be made wine ('), as last amended by Regulation (EEC) No for regular checks on the genuineness of entries on 2560/77 (2), and in particular Article 39a (2) thereof, accompanying documents and in turnover records ; whereas for the same purpose it should be possible to Having regard to the proposal from the Commission , send samples for analysis or organoleptic examination directly to the laboratories entitled to perform this task ; whereas it is therefore necessary to ensure coop­ Whereas, under Article 39a (2) of Regulation (EEC) eration between the laboratory to which the samples No 816/70 , the yecessary measures should be taken to have been sent and the competent body of the ensure uniform application of Community provisions Member State concerned ; in the wine sector, particularly as regards controls ; whereas this aim can only be achieved by means of direct cooperation between the bodies designated by the Member States to verify compliance with the provi­ Whereas, in this same context, it should be laid down sions in the wine sector, as provided for in paragraph that, where the Commission has reasonable cause for 1 of the said Article ; whereas rules should be adopted suspecting that irregularities have occurred in connec­ for contacts between those bodies, stipulating the tion with the production and marketing of one of the subjects which may form part of such cooperation ; products referred to above, it shall inform the compe­ tent body of the Member State concerned and request it to conduct an administrative inquiry ; whereas, for Whereas the Member State on whose territory it is offi­ the purposes of efficient coordination of cooperation cially established that a product referred to in Article between the competent bodies of the various Member 1 (2) of Regulation ( EEC) No 816/70 complies neither States, duly authorized Commission agents should be with the Community wine provisions nor the national able to obtain particulars of an administrative nature provisions adopted pursuant to the former should, of of such an inquiry from the competent bodies of a its own accord, inform the competent body of the Member State ; Member State from whose geographical territory the product comes and, if it does not originate there, the competent body of the Member State of origin , if non­ compliance could be of specific interest to one or Whereas, in an effort to expedite the investigation of more of the other Member States and would be of a fraud, the body to which a request is addressed in the nature to give rise to administrative measures or judi­ context of cooperation between the competent bodies of the various Member States should take action cial proceedings ; whereas in order to stop the marketing of any product which does not comply thereon as quickly as possible ; with the provisions in force throughout the Commu­ nity, provision should be made for the competent bodies of all Member States concerned to be in­ Whereas under Article 39a of Regulation ( EEC) No formed ; 816/70 Member States must take the necessary measures to ensure compliance with Community pro­ visions ; whereas, however, it is not inconceivable that , Whereas an exchange of any relevant information should be established between Member States so as to in certain particular cases, a Member State may, for reasons of fact or of law, be unable to take action on render more effective the investigation of any infringe­ ments of the wine provisions ; whereas, in this all or part of a request addressed to it ; whereas , in order that cooperation may not be jeopardized by cases of this nature, the reasons for such an attitude (') OJ No L 99 , 5 . 5 . 1970 , p . I. (2 ) OJ No L 303 , 28 . 11 . 1977, p . 1 . should be given ;

29 . 6 . 78 Official Journal of the European Communities No L 173/ 3

Whereas, in order to avert the possibility of informa­ and, if it does not originate there , the competent tion being disclosed to non-authorized persons, it is body of the Member State of origin ; necessary that it be covered by professional secrecy ; (b) the competent body of any Member State concerned , should the description or presentation Whereas, in order to ensure that the cooperation of the product be such as to mislead the referred to in this Regulation is effective, the proceed­ consumer . ings of the Management Committee for Wine should include a regular discussion between representatives of The competent body of any Member State concerned the competent bodies of all the Member States ; shall investigate whether batches of the product whereas this discussion should on the one hand deal concerned were sent from its territory to other with current questions relating to established or Member States , in which case it shall provide the suspected infringements of the provisions concerned competent bodies of those Member States with all rele­ and on the other hand help to ensure the uniform vant information . application of those provisions throughout the Community ; 2. The information referred to in paragraph 1 shall be accompanied by the relevant documentary or other Whereas certain provisions of this Regulation evidence as well as by an indication of any administra­ concerning direct cooperation between the competent tive measures or judicial proceedings and shall bodies of the various Member States necessitate the concern in particular : drawing up of the detailed rules for its implementa­ tion , — the composition and organoleptic characteristics,

— the description and presentation ,

— compliance with the rules prescribed for the prepa­ HAS ADOPTED THIS REGULATION : ration and marketing,

of the product in question .

Article1¶

Article 3 1 . This Regulation lays down measures regarding the relations which the bodies ( hereinafter called The competent body of the Member State in whose 'competent bodies') designated by Member States to geographical territory one of the products referred to verify compliance with Community provisions in the wine sector shall maintain between themselves and in Article 1 (2) of Regulation (EEC) No 816/70 is found : with the Commission for the prevention and investiga­ tion of any infringement of the said Community provi­ (a) shall request the competent body of one or more sions and national provisions adopted pursuant other Member States to provide it with any rele­ thereto (hereinafter called 'wine provisions'). vant information concerning the points mentioned in the first to third indents of Article 2 2. This Regulation shall not affect the application (2), if there is reasonable cause for suspecting that in the Member States of regulations relating to mutual the product does not conform to the wine provi­ assistance in criminal matters , mutual assistance in sions . customs matters, or tax regulations .

The competent body so requested shall study in Article 2 detail the grounds for suspicion brought to its attention and shall forward to the competent body making the request all information , documents or 1 . Where the competent body of a Member State in other evidence which may be relevant for clari­ whose geographical territory one of the products fying the issue ; referred to in Article 1 (2) of Regulation (EEC) No 816 / 70 is found establishes that : (b) may, if there is reasonable cause for suspecting that the product does not conform to the wine — the product does not comply with the wine provi­ provisions, request the competent body of the sions , and Member State from whose geographical territory — this non-compliance is of specific interest to one the product comes and , if it does not originate or more Member States and is of a nature to give there, the competent body of the Member State of rise to administrative measures or judicial proceed­ origin : ings , — to appoint a qualified expert and ensure that it shall inform : he is present at supervisory operations ;

(a) the competent body of the Member State from — to take part in the concerted and rapid exami­ whose geographical territory the product comes nation of one or more batches of the product.

No L 173/4 Official Journal of the European Communities 29 . 6 . 78

Article 4 2. The Member State shall forward the report prepared and the conclusions reached following the inquiry to the Commission . 1 . The competent body of the Member State in whose geographical territory one of the products listed 3 . Paragraph 1 shall be without prejudice to the in Article 1 (2) of Regulation (EEC) No 816/70 is application of Article 6 of Council Regulation (EEC) found, shall request : No 283/72 of 7 February 1972 concerning irregulari­ ties and the recovery of sums wrongly paid in connec­ (a) the competent body of the Member State from tion with the financing of the common agricultural whose geographical territory the product comes policy and the organization of an information system and, if it does not originate there, the competent in this field ('). body of the Member State of origin , to check the documents and the entries in the records, provided for under Article 29 of Regulation (EEC) No Article 6 816/70 , where these are open to doubt ;

(b) if it deems it necessary, a laboratory as referred to The competent body or laboratory to which a request in the second indent of paragraph 3 situated in the of the type mentioned in the preceding Articles is geographical territory of the Member State from addressed shall take action on it as quickly as possible . which the product comes or, if it does not origi­ nate there, in the geographical territory of the However, if such a request cannot be met, whether Member State of origin , to make an analytical and wholly or partially, the competent body concerned organoleptic examination of a sample of the shall without delay inform the competent body product which has been sent to it, where there is making the request or, where Article 5 is concerned , reasonable cause for suspecting fraud . the Commission , stating the reasons .

2. When a sample is sent to the laboratory referred Article 7 to in paragraph 1 (b), the competent body making the request shall at the same time inform the competent The content of the exchange of information provided body of the Member State in whose territory the labor­ for in this Regulation shall be covered by professional atory is situated . The results of the tests referred to in secrecy . It may not be communicated to any persons paragraph 1 (b) and the interpretations of these tests other than those who, by reason of their duties in the shall be forwarded to the competent body making the Merpber States or in the institutions of the Communi­ request via the competent body of the Member State ties, are required to have knowledge thereof for the in whose territory the laboratory is situated . purposes of carrying out these duties.

3 . Each Member State shall communicate to the Commission by 1 September 1978 : A rticle 8

— the names of the competent bodies and laborato­ Representatives of the Member States on the compe­ ries referred to in the second subparagraph of tent bodies referred to in Article 1 shall meet at Article 39a ( 1 ) of Regulation ( EEC) No 816/70 ; regular intervals within the Management Committee — those of the abovementioned laboratories entitled for Wine set up by Article 6 of Regulation No 24 (2 ) in order to discuss : to carry out analyses in accordance with para­ graphs 1 (b) and 2. — the problems raised by the application of this Regulation , and in particular to examine proce­ dures for exchanging information and to draw Article 5 conclusions ;

— any other problem relating to the uniform supervi­ 1 . Where the Commission has reasonable cause for sion of Community provisions in the wine sector. suspecting that irregularities have occurred in one or more Member States in connection with the produc­ Article 9 tion and marketing of one of the products referred to in Article 1 (2) of Regulation ( EEC) No 816/70 , it shall inform the competent body concerned, which If necessary, detailed rules for implementing this shall conduct an administrative inquiry . Regulation shall be adopted as regards :

— exchange of information, bearing in mind the The Commission may ask the competent body in need to proceed rapidly ; question to make particulars of an administrative nature of such an inquiry available to duly authorized (') OJ No L 36, 10 . 2 . 1972, p. 1 . Commission agents . (2 ) OJ No 30, 20 . 4. 1962, p. 989/62 .

29 . 6 . 78 Official Journal of the European Communities No L 173 / 5

Article 10 — sampling and dispatch of samples by the compe­ tent body making the request and also acceptance This Regulation shall enter into force on the third day of responsibility for their costs of analysis by that following its publication in the Official Journal of body ; the European Communities. — acceptance of responsibility by the competent body making the request for the expenses incurred It shall apply as from 1 September 1978 , with the by a qualified expert in a Member State other than exception of Article 4 (3 ) which shall apply as from its that in whose service he is employed . entry into force .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 19 June 1978 .

For the Council

The President

P. DALSAGER