SECTION I — CHECKS, COMPETENT AUTHORITIES, LIAISON BODIES AND MUTUAL ASSISTANCE
General principles
1. Member States shall provide for checks in so far as they are necessary to ensure the proper application of the rules for the scheme of authorisations for vine plantings, vineyard register, accompanying documents and certification, imports of wine, inward and outward register and compulsory declarations laid down for that sector in Article 90 and Chapter III of Title I and Section 2 of Chapter II of Title II of Part II of Regulation (EU) No 1308/2013 and in this Regulation. Member States shall provide for a system of effective and risk-based official checks.
2. Official checks shall be carried out by the competent authority or authorities in accordance with the general principles laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council ( 18 ) , without prejudice to the provisions of this Regulation and of Chapter VI of Implementing Regulation (EU) 2018/274.
Article 59 of Regulation (EU) No 1306/2013 shall apply mutatis mutandis to the scheme of authorisations for vine plantings.
3. Paragraphs 1 and 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.
Common provisions concerning checks
1. Checks shall be carried out in the Member State in which production took place, without prejudice to random or risk based analysis checks in the Member State of dispatch.
In the case of checks carried out by sampling, the number, nature and frequency of the checks shall be such that the checks are representative of the whole territory of the Member State and correspond, where applicable, to the volume of wine-sector products produced, marketed or held with a view to their marketing.
2. The checks referred to in paragraph 1 shall be administrative checks and, where appropriate, on- the-spot checks.
Administrative checks shall, where appropriate, include cross-checks with, inter alia, data from the integrated administration and control system provided for in Chapter II of Title V of Regulation (EU) No 1306/2013.
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.
3. With regard to the vineyard register, Member States shall verify that the structural situation arising from the winegrower and production files provided for in Annexes III and IV corresponds to the actual situation in relation to each winegrower and any natural or legal person or group of such persons required to submit the production declaration laid down in Article 31. The files shall be adapted on the basis of that verification.
4. The checks of wines and other wine products from third countries shall be carried out in the Member State of entry in the territory of the Union on the basis of the VI-1 document.
Persons 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.
Analytical databank of isotopic data
The European reference centre for the control in the wine sector shall keep and update an analytical databank of isotopic data at Union level on the basis of data notified by the designated laboratories of the Member States. That data shall be obtained from harmonised isotopic analysis of the components of ethanol and water in wine products and allow relevant checks throughout the marketing, in accordance with the methods of analysis laid down pursuant to Article 80(5) of Regulation (EU) No 1308/2013 and rules and procedures laid down in Articles 27, 28 and 29 of Implementing Regulation (EU) 2018/274.
Competent authorities and liaison bodies
Member States shall designate the competent authorities to carry out the checks referred to in Article 37. Those authorities shall have a sufficient number of suitably qualified and experienced staff to carry out those checks effectively.
Where a Member State designates several competent authorities to check compliance with the rules governing the wine sector, it shall indicate their specific responsibility and coordinate their work.
Each Member State shall designate a single liaison body which shall be responsible for contacts with the Commission, the liaison bodies of other Member States, and third countries and shall receive and forward requests for administrative assistance.
Powers of officials
Each Member State shall take all appropriate measures to facilitate the work of the officials of its competent authorities. It shall ensure that such officials, where appropriate in conjunction with officials of other bodies which it authorises for the purpose:
(a)
have access to vineyards, winemaking 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 Union legislation, especially in the case of fraudulent treatment or risks to health.
Coordination of checks and access to information
With respect to checks relating to consignments carried out under cover of the accompanying documents referred to in Article 10, the competent authorities designated under Article 40 shall have access to the information held in the computerised system referred to in Article 21 of Directive 2008/118/EC and to information on the movements of wine products circulating under the arrangements laid down in Chapter IV of that Directive.
Those competent authorities shall also have access to the information held in the information systems set up to check the movements of wine products other than those referred to in the first paragraph.
The information held pursuant to the first and second paragraphs may only be used for the purposes of this Regulation.
Mutual assistance
1. Where a competent authority of a Member State carries out checks on its territory, it may request information from a competent authority of any other Member State liable to be affected directly or indirectly. Such a request shall be made through the liaison bodies provided for in the third paragraph of Article 40 and the assistance shall be provided in a timely manner.
The Commission shall be notified whenever the product which is the subject of the checks 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 requested authority shall provide all such information as may enable the requesting authority to carry out its duties.
2. On a reasoned request by the requesting authority, the requested authority shall carry out checks with a view to achieving the aims pursued as described in the request or shall take the necessary steps to ensure that such checks are carried out.
The requested authority shall act as though on its own behalf.
3. In agreement with the requested authority, the requesting authority may designate officials:
(a)
either to obtain, on the premises of the competent authorities of the Member State in which the requested authority is established, information on the application of the relevant provisions on wine products of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274 or on checks relating thereto, including the making of copies of transport and other documents or extracts from registers;
(b)
or to be present during checks requested under paragraph 2, after informing the requested authority in good time before the start of those checks.
The copies referred to in point (a) of the first subparagraph may be made only with the agreement of the requested authority.
4. The officials of the requested authority shall remain in charge of the checks carried out on the territory of their Member State at all times.
5. The officials of the requesting authority shall:
(a)
produce a written order indicating their identity and official position;
(b)
without prejudice to the limits imposed by the Member State of the requested authority on its own officials in carrying out the checks in question, have:
(i)
the rights of access provided for in points (a) and (b) of Article 41;
(ii)
the right to be informed of the results of checks carried out by the officials of the requested authority under points (c) and (e) of Article 41.
6. The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests for checking purposes shall be borne by the competent authority 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.
Conclusive force
The findings of the officials of a competent authority of a Member State in the application of this Section may be invoked by the competent authorities of the other Member States and have the same value as if they were findings of the national competent authorities.
Notification of suspicion of non-compliance
Where a competent authority of a Member State has grounds for suspicion or becomes aware that a wine product does not comply with the relevant provisions on wine products of Regulation (EU) No 1308/2013, the rules laid down in this Regulation and in Implementing Regulation (EU) 2018/274 or that it has been the subject of fraudulent action to obtain or market it, the liaison body of that Member State shall notify without delay the liaison body of any Member State for which the failure to comply with those rules is of specific interest and such as to lead to administrative measures or legal action.
Where the competent authorities of a Member State 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, the liaison body of that Member State shall, without delay, inform the Commission and the liaison bodies of the other Member States, and, if appropriate, the liaison body of the third countries concerned, through the information system put in place by the Commission.
Penalties and cost recovery for non-authorised plantings
Member States shall impose financial penalties on producers who do not comply with the obligation laid down in Article 71(1) of Regulation (EU) No 1308/2013.
The minimum amount of the financial penalty shall be:
(a)
EUR 6 000 per hectare, if the producer grubs up the totality of the non-authorised planting within the four months from the date on which he is notified of the irregularity, as referred to in Article 71(2) of Regulation (EU) No 1308/2013;
(b)
EUR 12 000 per hectare, if the producer grubs up the totality of the non-authorised planting during the first year following the expiry of the 4-month period;
(c)
EUR 20 000 per hectare, if the producer grubs up the totality of the non-authorised planting after the first year following the expiry of the 4-month period.
Where the yearly income obtained in the area where the vineyards concerned are located is estimated to exceed EUR 6 000 per hectare, Member States may increase the minimum amounts set in the second subparagraph proportionally to the average yearly income per hectare estimated for that area.
If the Member State ensures the grubbing up of the non-authorised planting by its own means, the relevant cost charged to the producer pursuant to Article 71(2) of Regulation (EU) No 1308/2013 shall be calculated in an objective way taking into account the costs of labour, use of machinery and transport or other costs incurred. Such cost shall be added to the applicable penalty.
Penalties relating to accompanying documents and VI-1 documents for non-conformity with certain Union rules
1. The application of Articles 10, 11 and 12 may be suspended for operators referred to in Article 8(1) where the competent authorities of a Member State 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.
2. The application of Articles 26 and 27 may be suspended in case of findings or suspicions referred to in paragraph 1 of this Article in respect of imported wines.
Penalties for non-compliance with the obligations to keep the inward and outward register, submit declarations or make notifications
1. Operators required to keep the inward and outward register, to submit production, stock or harvest declarations or to notify the competent authorities of the operations referred to in Article 30(2) who do not keep such register, do not submit such declarations by the dates referred to in Articles 22, 23 and 24 of Implementing Regulation (EU) 2018/274 or do not make such notification by the date set by the Member State pursuant to Article 30(2) of this Regulation, shall be subject to administrative penalties.
2. The penalties referred to in paragraph 1 shall take the form of payment of an amount and shall be laid down and applied by the Member States based on the value of the products, the estimated financial benefits or the economic damage caused by fraud.
3. In cases of serious or repeated non-compliance with the obligation to submit declarations by the dates referred to in paragraph 1, the operator concerned shall not benefit from the support measures provided for in Articles 47 and 50 of Regulation (EU) No 1308/2013 for the financial year in question or the following financial year, subject to the following:
(a)
where the dates referred to in Articles 22, 23 and 24 of Implementing Regulation (EU) 2018/274 are exceeded, but by not more than 15 working days, only administrative penalties referred to in paragraph 2 of this Article shall be applied;
(b)
where the information contained in the declarations referred to in paragraph 1 are deemed to be incomplete or inaccurate by the competent authorities of the Member States, and where knowledge of the missing or inaccurate information is essential for the proper application of the support measures provided for in Articles 47 and 50 of Regulation (EU) No 1308/2013, the support to be paid shall be reduced proportionately by an amount set by the competent authority depending on the seriousness of the infringement.
Exceptional circumstances and obvious errors
1. The penalties provided for in this Regulation shall not be imposed in cases of exceptional circumstances within the meaning of Article 2(2) of Regulation (EU) No 1306/2013.
2. Any communication, claim or request made to a Member State under this Regulation may be adjusted at any time after its submission in cases of obvious errors recognised by the competent authority.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
