Implementing Regulation (EU) 2018/274 is amended as follows:
(1)
Article 27 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. For the establishment of the analytical databank of isotopic data referred to in Article 39 of Delegated Regulation (EU) 2018/273, Member States shall ensure that samples of fresh grapes that are to be analysed by the designated laboratories of the Member States are taken, treated and processed into wine in accordance with the instructions set out in Part I of Annex III to this Regulation.’;
(b)
paragraph 3 is replaced by the following:
‘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 both of the geographical situation of vineyards in the Member States listed in Part II of Annex III and of the proportion of wines with a PDO or PGI per Member State or region. Each year, at least 25 % of the samples shall be taken from the same plots as in the previous year.’;
(c)
the following paragraph is inserted:
‘3a. Member States may decide, where appropriate, that the samples of the grapes cultivated for the production of wines with a PDO or PGI may be taken by the entity managing the PDO or the PGI. In this case, the sampling shall be coordinated by the designated laboratories of the Member States in accordance with the instructions set out in Section A of Part I of Annex III.’;
(d)
paragraph 6 is replaced by the following:
‘6. The laboratories shall submit the data collected, together with a copy of the analysis report with the results and interpretation of the analyses along with a copy of the description sheet, electronically, to the ERC-CWS and not later than [31 October] of the year following the grape harvest.’;
(e)
in paragraph 7, point (e) is replaced by the following:
‘make files available, without undue delay or cost, to those who generated the information contained in the files so that any inaccuracies can be rectified.’;
(2)
Article 28 is amended as follows:
(a)
the title is replaced by the following:
‘Communication of information contained in the analytical databank in case of suspected non-compliance with Union rules in the wine sector’;
(b)
paragraph 2 is replaced by the following:
‘2. Whenever needed for scientific, statistical, control or judicial purposes 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 Union rules in the wine sector and to national courts. This information shall be used only for the purposes for which it is requested and shall be treated as confidential.’;
(c)
the following paragraph is inserted:
‘2a. In case of a control in a Member State, for which reference data from the analytical databank of isotopic data related to wine produced in another Member State is needed, the competent authority of the Member State shall request the ERC-CWS to contact the designated laboratory of the Member State in which the wine under investigation is produced, in order to verify the suspicion using all relevant data available. That designated laboratory shall, within 1 month from the date of receipt of the request, verify whether the wine in question is compliant with Union rules in the wine sector. Where this deadline cannot be respected for duly justified reasons, the designated laboratory shall inform the ERC-CWS accordingly and the ERC-CWS shall then:
(i)
extract the relevant reference isotopic measurement data relating to the wine in question from the analytical databank of isotopic data, and provide them to the requesting body; or
(ii)
if the relevant reference isotopic measurement data cannot be extracted from the analytical databank of isotopic data, but the required samples are made available to the ERC-CWS upon request, provide analytical support, including the results of the relevant isotopic measurement data relating to the wine in question, to the requesting body,
within 1 month from the moment it becomes clear that the initial deadline cannot be complied with. In both cases, the relevant isotopic measurement data shall be interpreted and supplied at the latest within 2 months from the date of receipt of the request by the competent authority of the Member State where the suspect wine was produced.’;
(d)
the following paragraph is added:
‘4. The ERC-CWS shall publish an annual report, in an anonymous way, on the main results of the requests received in accordance with paragraphs 1 and 2 and on the main findings of the checks carried out by Member States in their territory making use of the analytical databank of isotopic data. The ERC-CWS shall ensure that this report does not include any commercially sensitive information. Those findings shall be reported to the ERC-CWS before the end of March of the year following the reporting period, and the ERC-CWS shall publish the report within 2 months.’;
(e)
the following Article is inserted:
‘Article 32a
Controls on unpackaged wine products
In the case of imports of unpackaged wine products not covered by a computerised system or information system referred to in Article 14(1) of Delegated Regulation (EU) 2018/273, to enable checks, the competent authority of the Member State in which the place of unloading is situated may request consignees of consignments of unpackaged wine products to keep those consignments at the place of unloading on their premises for a maximum period of 10 working days. The consignees shall not dispatch, transfer or manipulate a consignment that was sampled by the competent authority during that period until they are informed of the result of the checks.
Upon request from the consignees, the competent authority shall, in cases where it decides not to carry out checks on the consignment in question, allow the consignment to be dispatched before the end of the period referred to in the first subparagraph.’.