Common provisions concerning checks
Article 37
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.