Assistance on request
Article 84
1. Where a competent body of a Member State undertakes control activities on its territory, it may appeal for information from a competent body of any other Member State liable to be affected directly or indirectly. Where such a request is made the assistance shall be provided in a timely manner. The Commission shall be notified whenever the product which is the subject of the controls 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 body appealed to shall provide all such information as may enable the applicant body to carry out its duties. 2. Where reasoned application is made by the applicant body, the body appealed to shall perform special supervision or checks with a view to achieving the aims pursued, or shall take the necessary steps to ensure that such supervision or checks are performed. 3. The body appealed to shall act as though on its own behalf. 4. In agreement with the body appealed to, the applicant body may designate officials: (a) either to obtain, on the premises of the administrative authorities coming under the Member State in which the body appealed to is established, information relating to the application of the rules in the wine sector or to control activities, including the making of copies of transport and other documents or extracts from registers; (b) or to be present during operations requested under paragraph 2, after advising the body appealed to in good time before the start of those operations. The copies referred to in point (a) of the first subparagraph may be made only with the agreement of the body appealed to. 5. The officials of the body appealed to shall remain in charge of the control operations at all times. 6. The officials of the applicant body shall: (a) produce a written order indicating their identity and official position; (b) be accorded, without prejudice to the limits imposed by the Member State of the body appealed to on its own officials in carrying out the controls in question: (i) the rights of access provided for in points (a) and (b) of Article 83; (ii) the right to be informed of the results of controls carried out by the officials of the body appealed to under points (c) and (e) of Article 83; (c) in the course of checks, conduct themselves in a way compatible with the rules and professional practices which officials of the Member State are expected to follow, and observe professional confidentiality. 7. The requests referred to in this Article shall be forwarded to the body appealed to in the Member State in question via the liaison body of that Member State. The same procedure shall apply to: (a) replies to such requests; (b) communications concerning the application of paragraphs 2 and 4. Notwithstanding the first subparagraph and in the interests of quicker and more effective cooperation between them, Member States may permit a competent body to: (a) make its request or communication directly to a competent body of another Member State; (b) reply directly to requests or communications received from a competent body of another Member State.