(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.’.