Samples for checking purposes
1. For the purposes of Chapter VII of Delegated Regulation (EU) 2018/273, the liaison body of a Member State may request the liaison body of another Member State to collect samples in accordance with the instructions set out in Annex II to this Regulation.
2. The requesting body shall hold the samples collected and shall determine, inter alia, the laboratory where they are to be analysed.
SECTION II — ANALYTICAL DATABANK OF ISOTOPIC DATA
Samples for the analytical databank
1. For the establishment of the analytical databank of isotopic data referred to in Article 39 of Delegated Regulation (EU) 2018/273, the designated laboratories of the Member States shall take samples of fresh grapes for analysis as well as for their treatment and processing into wine in accordance with the instructions set out in Part I of Annex III to this Regulation.
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 Part II of Annex III. The selection of samples shall take account of the geographical situation of vineyards in the Member States listed in Part II of Annex III. 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 set out by the Commission pursuant to Article 80(5) of Regulation (EU) No 1308/2013 and Article 15 of Regulation (EC) No 606/2009 by laboratories designated by the Member States. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025:2005, and shall in particular take part in a system of proficiency tests covering methods of isotopic analysis. The laboratories shall provide the evidence of compliance with these criteria in writing to the European reference centre for control in the wine sector (‘ERC-CWS’) for the purpose of quality control and validation of the data provided.
5. The laboratories shall draw up an analysis report in accordance with Part IV of Annex III and a description sheet for each sample in accordance with the questionnaire in Part III of Annex III.
6. The laboratories shall send a copy of the report with the results and interpretation of the analyses along with a copy of the description sheet to the ERC-CWS.
7. Member States and the ERC-CWS shall:
(a)
preserve data in the analytical databank;
(b)
keep each of the samples for at least three years from the date the sample is taken;
(c)
use the databank only for monitoring the application of Union and national wine legislation or for statistical or scientific purposes;
(d)
take measures to safeguard the data, in particular against theft and interference;
(e)
make files available, without undue delay or cost, to those to whom they relate so that any inaccuracies can be rectified.
8. The ERC-CWS 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.
Communication of information contained in the analytical databank
1. The information contained in the analytical databank of isotopic data shall be made available on request to the laboratories designated by the Member States.
2. In duly substantiated cases, the information referred to in paragraph 1, when representative, may be made available on request to the competent authorities designated by Member States for ensuring compliance with the Union rules in the wine sector.
3. Information made available shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin. Any notification of information made available shall be accompanied by a reminder of the conditions of use of the databank as referred to in Article 27(7)(c).
National databanks of isotopic data
The results of isotopic analyses contained in the databanks of Member States shall be obtained by analysing samples taken and treated in accordance with Article 27.
SECTION III — SPECIFIC PROVISIONS ON CHECKS
Checks for the scheme of authorisations for vine plantings
For the purposes of verifying compliance with the rules set out in Chapter III of Title I of Part II of Regulation (EU) No 1308/2013, Chapter II of Delegated Regulation (EU) 2018/273 and Chapter II of this Regulation, Member States shall make use of the vineyard register referred to in Article 145 of Regulation (EU) No 1308/2013.
Verification of the information in the vineyard register
1. Member States shall make available the data in the vineyard register for the purposes of monitoring and verifying the measures financed under the national support programme referred to in Section 4 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013 to which they relate.
2. As regards areas planted with vines, at least the following checks shall be carried out in order to maintain an updated vineyard register:
(a)
administrative checks applied to all wine growers identified in the vineyard register who:
(i)
have activated an authorisation of planting or replanting or made a registration or a modification of data in the vineyard register following an application or a notification submitted concerning the scheme of authorisations for vine plantings;
(ii)
submit an application for the measures ‘restructuring and conversion of vineyards’ or ‘green harvesting’ under a national support programme referred to in Articles 46 and 47 of Regulation (EU) No 1308/2013;
(iii)
submit one of the declarations referred to in Articles 31, 32 and 33 of Delegated Regulation (EU) 2018/273.
(b)
annual on-the-spot checks on at least 5 % of all wine growers identified in the vineyard register.
Where the wine growers selected for the sample are subject in the same year to on-the-spot checks in the framework of the measures referred to in point (a)(i) and (ii), such on-the-spot checks shall be counted for reaching the 5 % yearly threshold without the need to repeat them.
(c)
systematic on-the-spot checks shall be carried out in areas planted with vines which are not included in any wine grower file as laid down in Annex IV to Delegated Regulation (EU) 2018/273.
Checks concerning the declarations
As regards the declarations referred to in Articles 31 to 34 of Delegated Regulation (EU) 2018/273, Member States shall carry out any checks and take any measures necessary to ensure the accuracy of those declarations.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.