Assistance on request
Article 38
1. Where a competent body of a Member State undertakes control activities on its territory, it may request 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 requested body shall provide all such information as may enable the requesting body to carry out its duties. 2. Where a reasoned request is made by the requesting body, the requested body 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 requested body shall act as though on its own behalf. 4. In agreement with the requested body, the requesting body may designate officials: (a) either to obtain, on the premises of the administrative authorities coming under the Member State in which the requested body is established, information or copies of documents relating to the application of the rules in the wine sector or to control activities; (b) or to be present during operations requested under paragraph 2, after advising the requested body 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 requested body. 5. The officials of the requested body shall remain in charge of the control operations at all times. 6. The officials of the requesting 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 requested body on its own officials in carrying out the controls in question: (i) the rights of access provided for in points (a), (b) and (d) of Article 37; (ii) the right to be informed of the results of checks carried out by the officials of the requested body on the samples taken under point (c) of Article 37; (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 requested body 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. 8. Notwithstanding paragraph 7 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.