Mutual assistance
Article 43
1. Where a competent authority of a Member State carries out checks on its territory, it may request information from a competent authority of any other Member State liable to be affected directly or indirectly. Such a request shall be made through the liaison bodies provided for in the third paragraph of Article 40 and the assistance shall be provided in a timely manner. The Commission shall be notified whenever the product which is the subject of the checks 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 requested authority shall provide all such information as may enable the requesting authority to carry out its duties. 2. On a reasoned request by the requesting authority, the requested authority shall carry out checks with a view to achieving the aims pursued as described in the request or shall take the necessary steps to ensure that such checks are carried out. The requested authority shall act as though on its own behalf. 3. In agreement with the requested authority, the requesting authority may designate officials: (a) either to obtain, on the premises of the competent authorities of the Member State in which the requested authority is established, information on the application of the relevant provisions on wine products of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2018/274 or on checks relating thereto, including the making of copies of transport and other documents or extracts from registers; (b) or to be present during checks requested under paragraph 2, after informing the requested authority in good time before the start of those checks. The copies referred to in point (a) of the first subparagraph may be made only with the agreement of the requested authority. 4. The officials of the requested authority shall remain in charge of the checks carried out on the territory of their Member State at all times. 5. The officials of the requesting authority shall: (a) produce a written order indicating their identity and official position; (b) without prejudice to the limits imposed by the Member State of the requested authority on its own officials in carrying out the checks in question, have: (i) the rights of access provided for in points (a) and (b) of Article 41; (ii) the right to be informed of the results of checks carried out by the officials of the requested authority under points (c) and (e) of Article 41. 6. The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests for checking purposes shall be borne by the competent authority of the Member State which asked for the sample to be taken. Such costs shall be calculated according to the rates applicable in the Member State in the territory of which the operations are carried out.