No C 24/8 Official Journal of the European Communities 29.1.88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) laying down general rules on controls in the wine 
sector 
COM(87) 694 final 
(Submitted by the Commission to the Council on 29 December 1987) 
(88/C 24/10) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 822/87 
of 16 March 1987 on the common organization of the 
market in wine ('), as last amended by Regulation (EEC) 
No 3146/87 (2), and in particular Article 79 (2) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, for the purposes of uniform application of the 
wine provisions, there is a need for rules designed to 
improve the control procedures already in force at 
Community and national level and to strengthen 
cooperation between the authorities responsible for the 
controls in the wine sector provided for until now in 
Council Regulation (EEC) No 359/79 (J); 
Whereas general rules are also required for the intro­
duction and operation of a Community structure 
comprising a body of officials specialized in controls in 
the wine sector, responsible, at Community level, for 
ensuring uniform application of Community rules; 
Whereas the mesures adopted by the Member States to 
ensure compliance with the wine rules have revealed the 
limits to their effectiveness, notably on the occasions of 
fraud which seriously disrupted the wine sector both in 
1985 and in 1986; whereas the Member States should 
therefore be invited to adopt provisions that can ensure 
proper application of the rules, in particular in sensitive 
fields; 
(') OJNoL84, 27. 3. 1987, p. 1. 
(2) OJ No L 300, 23. 10. 1987, p. 4. 
O OJNoL54, 5. 3. 1979, p. 136. Whereas each Member State must ensure that the work 
of control agencies is more effective and whereas, for 
this purpose, a coordination structure must be set up in 
all the Member States in which wine inspection work is 
carried out by more than one competent authority; 
Whereas all the authorities responsible for control in the 
wine sector must be aware of the measures, decisions or 
interpretations relating to the application of the wine 
rules in a Member State if there is to be proper har­
monization of legislation at Community level; whereas a 
permanent flow of relevant information on this subject 
must be introduced between the various national or 
Community authorities; 
Whereas to help make the application of the rules 
uniform throughout the Community, the Member States 
should, in particular, take the necessary action to ensure 
that the staffs of the authorities responsible for controls 
have sufficient technical competence comparable with 
that of corresponding staffs in the other Member States, 
and that they have the minimum essential investigative 
powers to ensure compliance with the rules; 
Whereas the development of trade in wine between the 
various Member States, in particular the steady 
expansion in the number of multinational companies in 
this sector, and the scope provided by the management 
rules to have carried out or to transfer operations, 
whether or not aided, to places different from those in 
which the product has been grown reflect the 
interdependence of the wine markets; whereas this 
situation necessitates greater harmonization of control 
methods and closer cooperation between the various 
control agencies; 
Whereas the immense damage which fraud can cause to 
consumers and producers, whether as regards health or 
business operations, therefore makes it imperative to 
improve the cohesion of the authorities responsible for 
controls, in particular by the creation of a body of 
Community officials specially assigned to this type of 
work; 
29.1.88 Official Journal of the European Communities NoC24/9 
Whereas the work of the Community officials 
responsible for controls in the wine sector is motivated 
by the absolute need to ensure uniform application of the 
rules and effective assistance to the corresponding 
national staffs; whereas, for this purpose, their control 
work, where necessary carried out on-the-spot, could be 
dovetailed into programmes adopted jointly with the 
Member States; 
Whereas, in cases of serious risk of fraud, or of fraud 
involving more than one Member State or a single 
Member State, all the competent authorities concerned 
will automatically implement the spontaneous assistance 
procedure provided for in this Regulation; 
Whereas Council Regulation (EEC) No 1468/81 ('), as 
amended by Regulation (EEC) No 945/87 (2), 
concerning mutual assistance between the administrative 
authorities of the Member States and cooperation 
between the latter and the Commission, provides 
explicitly that in the wine sector the specific rules laid 
down regarding cooperation in Regulation (EEC) No 
359/79 are to apply; 
Whereas account should be taken of the experience 
gained in the field of cooperation between control auth­
orities, and the scope of such cooperation should be 
extended to cover, in particular, the introduction at 
Community level of a structure which will henceforth be 
competent in this field; whereas Regulation (EEC) No 
359/79 should therefore be repealed in order to revise 
the rules governing relations between authorities; 
Whereas, as a consequence, new cooperation procedures 
should be established in the wine sector which, while 
respecting the sector's special nature, which is linked in 
particular to the existence of a Community control 
structure the powers of which should be laid down, must 
fall within the framework defined in Regulation (EEC) 
No 1468/81; 
Whereas provisions should be laid down under which the 
Member States' and the Commission's competent auth­
orities must provide mutual assistance with a view to 
ensuring proper application of the wine rules, in 
particular through preventive action and the detection of 
infringements or behaviour suspected of infringing the 
rules; whereas those provisions are not an obstacle to the 
application of specific rules relating to customs matters, 
taxation, criminal law or Community expenditure; 
Whereas where the Commission or its authorized 
officials encounter, in carrying out their work, repeated 
and unjustified difficulties, the Commission may call 
upon the Member State concerned not only for an 
explanation but also for the facilities enabling the work 
to be completed, whereas the Member State concerned 
must then ensure the execution of its obligations deriving 
from this Regulation, by facilitating the execution of the 
Commission's task; 
(') OJNoL 144,2.6. 1981, p. 1. 
O OJNoL90, 2. 4. 1987, p. 3. Whereas arrangements should be made to ensure that 
information on experience gained is shared so that gains 
in this respect in each Member State are enjoyed by all, 
without delay; whereas the Commission's competent 
authority should therefore be systematically informed of 
requests for assistance and action taken thereon; 
Whereas, in view of the complex nature of some cases 
and the need for urgent action, it is essential that where 
a competent authority has submitted a request for 
assistance it should, in agreement with the requested 
authority, be able to involve its own staff, where appro­
priate on-the-spot, in the execution of the investigations; 
Whereas, in view of the nature of the information 
exchanged, it should be covered by the requirements of 
commercial or professional secrecy; 
Whereas, in view of the importance of ensuring that the 
organization of the controls referred to in this Regu­
lation is effective, there should be regular discussions 
between the representatives of the various competent 
authorities; whereas such discussions should cover 
topical points relating to actual or presumed 
infringements and, more generally, the application of this 
Regulation, in order to contribute to uniform 
implementation of - its provisions thoughout the 
Community, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation lays down rules for the 
improvement of controls in the wine sector. 
It sets up a Community structure enabling specific 
officials of the Commission to intervene in this sector 
and lays down rules governing the cooperation of such 
officials with national supervisory authorities. 
It also lays down measures regarding the relations 
between those authorities with each other and with the 
Commission with a view to preventing and detecting any 
infringement of the Community provisions in question 
and of national provisions laid down pursuant thereto. 
2. This Regulation shall not affect the application in 
the Member States of rules relating to: 
— procedure and mutual assistance at judicial level in 
criminal matters; 
— mutual assistance in respect of customs or taxation 
matters; 
— Community verification of expenditure. 
Article 2 
For the purposes of this Regulation: 
(a) 'rules in the wine sector' shall mean all the 
Community wine-sector provisions and national 
provisions laid down for their application; 
No C 24/10 Official Journal of the European Communities 29.1.88 
(b) 'competent authority' shall mean the competent 
authority or department designated by the Member 
State or the Commission to ensure compliance with 
the rules in the wine sector in each Member State 
and at Community level respectively; 
(c) 'applicant authority' shall mean the competent 
authority or department of a Member State or of the 
Commission which takes the initiative of applying for 
assistance; 
(d) 'requested authority' shall mean the competent 
authority of a Member State to which an application 
for assistance is made. 
TITLE I 
Improvement of controls to be carried out by Member 
States 
Article 3 
1. Member States shall take all necessary measures to 
improve compliance with the rules in the wine sector in 
the following fields: 
— harvest, production and stock declarations; 
— the holding, release for free circulation and keeping 
of registers of wine-sector products which are not put 
up with a view to sale; 
— the destination and use of musts, whether or not 
concentrated, qualifying for aid. 
2. Producer Member States shall also take all 
necessary measures to improve compliance with the rules 
in the wine sector in the following fields: 
— grubbing, replanting and new planting; 
— the natural alcoholic strength by volume of grapes 
used for wine-making; 
— the use of wine obtained from grapes of vine varieties 
classified as other than wine grape varieties; 
— the enrichment of grapes, musts and wine and the 
holding and release for free circulation of sucrose, 
concentrated grape must and rectified concentrated 
grape must; 
— the preparation of concentrated grape must and 
rectified concentrated grape must including the 
production of the basic material employed; 
— the holding, release for free circulation, distillation 
and destruction of the by-products of wine-making; 
— the distillation and storage of products on which aid 
is paid; 
— the updating of the vineyard register; 
— the verification of the composition of products. 3. The controls provided for in paragraphs 1 and 2 
shall be carried out either systematically or by sampling. 
In the case of sampling, Member States shall ensure by 
their number and frequency that controls are represen­
tative of the whole of their territory and in proportion to 
the scale of the wine-sector products released for free 
circulation. 
Each Member State shall notify the Commission of the 
provisions it has adopted in this field. 
Article 4 
1. Where a Member State designates several auth­
orities to carry out controls, it shall ensure the coordi­
nation of the work of those authorities. 
2. Each Member State shall designate a single 
authority which will ensure cooperation with the 
competent authorities of the other Member States and 
with the Commission. 
Member States shall ensure that the authorities 
competent for cooperation with the authorities of other 
Member States and of the Commission have qualified 
staff and sufficient facilities to ensure the success of such 
cooperation. 
They shall take all necessary action to ensure that, in 
emergencies, staff of the competent authorities have 
access to the communication networks of public 
departments in such a way as to enable the secrecy of the 
information concerned to be protected. 
3. The authority provided for in paragraph 2 shall 
forward regularly to the Commission national provisions 
and administrative and judicial decisions of particular 
relevance to the uniform application of the rules in the 
wine sector in the Community. The Commission shall 
forward such information to the competent authorities of 
the other Member States. 
Article 5 
The staff of the competent authorities of each Member 
State, the qualifications, training and professional 
experience of the officials, the resources made available 
to them and the organization of the authorities shall be 
such as to ensure execution of the controls, notably in 
the areas referred to in Article 3 (1) and (2). In 
particular, the officials assigned to controls must possess 
the technical knowledge and suitable experience to carry 
out such controls, particularly as regards technical 
controls, controls on vineyards, wineries, distilleries and 
vehicles and inspections of stock and financial accounts. 
Article 6 
1. Member States shall take all necessary action to 
facilitate the work of the officials of the competent auth-
29.1.88 Official Journal of the European Communities No C 24/11 
orities. They shall ensure in particular that officials of 
the competent authorities, where appropriate in 
conjunction with officials of other departments auth­
orized for the purpose or with officials as referred to in 
Article 7: 
— have access to the vineyards, wine-making instal­
lations, warehouses, installations for processing wine-
sector products and vehicles for those products; 
— have access to the commercial premises of anyone 
holding, with a view to sale, releasing for free circu­
lation or transporting, wine-sector products or 
products which may be intended for use in the wine 
sector; 
— may undertake a survey of wine-sector products and 
materials which may be used for the preparation of 
such products; 
— may take samples of products held with a view to 
sale, placed in free circulation or transported; 
— may examine accounts or other documents for the 
purpose of control and may take copies or extracts 
thereof. 
2. Natural or legal persons and groups of persons 
whose activities may be the subject of the controls 
referred to in Article 3(1) and (2) shall not obstruct such 
controls and shall be required to facilitate them at all 
times. Each Member State must attribute to the findings 
of the officials the widest possible evidential force 
recognized within its domestic legal system. 
3. The competent authority whose official has 
collected a sample shall hold it and determine inter alia 
the laboratory to which that sample is to be submitted 
for examination. 
Where the sample is taken at the request of an official of 
the Commission, three additional samples shall be made 
available to him. 
TITLE II 
Community control structure 
Article 7 
1. The Commission shall set up a body of specialized 
officials for controls in the wine sector, who shall 
perform, in conjunction with the competent authorities 
of the Member States, on-the-spot checks in order to 
ensure the uniform application of the rules in the wine 
sector and in particular in the areas referred to in Article 
3 (1) and (2). The officials shall be duly authorized by 
the Commission. 
2. The Commission may decide to have its authorized 
officials take part in controls performed by the 
competent authorities of the Member States. They shall 
accompany the national officials, who shall remain 
responsible at all times for control operations performed. 3. The Commission shall establish suitable links with 
the Member States to draw up a programme of 
inspections and controls. The Member States shall 
cooperate with the Commission to assist it in the 
accomplishment of its task. Where the Commission or its 
authorized officials encounter difficulties in the per­
formance of their duties, the Member State concerned 
shall make available to the Commission such resources as 
will enable it to carry out its work properly and shall 
enable the Commission's authorized officials to supervise 
the inspection or control work requested. 
4. After the execution of each programme of 
inspections and controls, the Commission shall forward a 
report on the work of its officials to the competent 
authority of the Member State concerned. The report 
shall note any difficulties encountered or infringements 
noted of the provisions in force. 
Once a year the Commission shall forward to the 
Council a report summarizing the reports provided for in 
the first subparagraph, together, where appropriate, with 
suggestions for improving the system of controls. 
Article 8 
The Community shall finance expenditure on: 
— control work of the Commission's authorized 
officials, and in particular for their salaries and local 
travel; 
— specific measures of the specialized authority of the 
Commission in support of its officials in the field. 
Appropriations for this purpose shall be set aside within 
the framework of the budgetary procedure. 
TITLE III 
Assistance between competent authorities 
CHAPTER J 
ASSISTANCE ON REQUEST 
Article 9 
1. The competent authority of a Member State which 
undertakes preventive action or research on its territory 
to ensure compliance with the rules in the wine sector 
regarding in particular: 
— operations involving the introduction of wine-sector 
products from a Member State or a third country, 
— verification by cross-checking of documents or 
qualities of products held with a view to sale or 
released into free circulation, 
No C 24/12 Official Journal of the European Communities 29.1.88 
may request information directly from the competent 
authority of any Member State concerned or liable to 
be involved directly or indirectly in the introduction 
of such products, and from the competent authority 
of the Commission. The requested authority shall 
provide the applicant authority with all information 
as may enable the latter to carry out its duties. 
Whenever the product investigated comes from a 
third country, the competent authority of the 
Commission shall be notified. 
2. In the framework of concerted action with 
competent national authorities for prevention or in case 
of specific research intended to ensure uniform 
compliance with the rules in the wine sector, the 
competent authority of the Commission may request 
directly one or more competent authorities to provide it, 
if necessary on-the-spot, with any information as may 
enable it to carry out its duties. 
3. In order to obtain the information requested, the 
requested competent authority or the administrative 
authority to which the matter is referred by the latter 
shall act as if on its own account or at the request of an 
authority of its own country. 
Article 10 
1. At the request of the applicant authority, the 
requested authority shall as far as possible perform or 
have performed special surveillance or controls on: 
(a) premises where products which are reasonably 
suspected of being used for carrying out operations 
contravening the rules in the wine sector are stored 
or marketed; 
(b) movements of products reported as possibly being 
used for operations contravening the rules in the 
wine sector; 
(c) vehicles which may reasonably be suspected of being 
used to carry out operations contravening the rules 
in the wine sector. 
2. At the request of the applicant authority, the 
requested authority shall notify it in the most suitable 
manner of all information which it possesses or which it 
obtains under the conditions referred to in Article 9 (3). 
The applicant authority of a Member State shall send the 
Commission a copy of its request and of replies received. 
Article 11 
1. At the request of the applicant authority, the 
requested authority shall conduct or have conducted 
suitable investigations of operations which contravene or 
appear to the applicant authority to contravene, the rules 
in the wine sector. 
To conduct those investigations, the requested authority 
or the administrative authority to which the latter has 
referred the matter shall act as if it were acting on its 
own account or at the request of an authority in its own 
country. The requested competent authority shall notify the 
results of those investigations to the applicant authority. 
Also, the applicant competent authority of the Member 
State shall send the Commission copies of its request and 
of replies received. 
2. In agreement with the requested authority, the 
applicant competent authority may designate officials to 
provide assistance on-the-spot during the investigations 
referred to in paragraph 1. 
3. Travel costs incurred in the application of 
paragraph 2 shall be borne by the Community budget. 
Article 12 
In agreement with the requested authority, the applicant 
authority may designate officials duly authorized to 
obtain, on premises where the administrative authorities 
coming under the Member State in which the requested 
authority has its seat, and according to procedures pre­
scribed by the latter in compliance with rules agreed 
between the two authorities concerned, all information 
relating to the application of the rules in the wine sector 
to which the officials of the requested authority have 
access. 
Officials designated by the applicant authority shall be 
authorized to take copies of such documentary infor­
mation. 
CHAPTER 2 
SPONTANEOUS ASSISTANCE 
Article 13 
1. Where a competent authority of a Member State 
learns or has grounds to believe: 
— that a product listed in Article 1 (2) of Regulation 
(EEC) No 822/87 does not comply with the wine-
sector rules or has been the subject of fraudulent 
action to obtain or release such a product for circu­
lation, and 
— the such failure to comply with the rules is of specific 
interest to one or more Member States and is such as 
to lead to administrative measures or legal action, 
that authority shall notify the competent authority of the 
Commission and the competent authority or authorites 
of the Member States concerned. Where the 
Commission's competent authority has reason to believe 
or has knowledge of the facts mentioned above, it shall 
inform the competent authorities of the Member States 
without delay. 
2. The information referred to in paragraph 1 shall be 
accompanied by documents or other evidence and details 
of any administrative measures or legal action and shall 
relate in particular to: 
29.1.88 Official Journal of the European Communities NoC24/13 
— composition and organoleptic characteristics, 
— description and presentation, 
— compliance with the rules laid down for preparation 
and marketing of the product in question. 
3. The competent authorities concerned under 
paragraph 1 shall in so far as possible carry out or have 
carried out suitable surveillance or controls. 
The competent authority of Commission may decide to 
take part in the various controls, if necessary on-the-
spot, in conjunction with' the competent national auth­
orities. 
The competent authority concerned of one or more 
Member States may designate national officials which it 
shall authorize to take part, if necessary on the spot, in 
the various controls carried out in the various Member 
States concerned. 
In the case referred to in the preceding subparagraph, 
the competent authority of the Commission shall, when 
informed of such specific cooperation, provide for the 
coordination indispensable for the proper organization 
of the action planned, in particular by making available 
to the national authorities all the rapid access infor­
mation facilities available to it. 
4. The competent authorities concerned by the case 
for which spontaneous assistance is initiated shall inform 
each other without delay of: 
— the progress of investigations, particularly in the form 
of reports and other documents or information 
media; 
— any administrative or legal action taken subsequent to 
the operations referred to in this Article. 
5. Travel costs incurred in the application of 
paragraph 3 as regards national officials shall be 
chargeable to the Community budget. 
TITLE VI 
General provisions 
Article 14 
1. Information forwarded pursuant to this Regulation, 
in whatever form, shall be confidential. Information shall 
be covered by professional or commercial secrecy and 
shall qualify for the protection conferred by the national 
law of the Member State which received it on infor­
mation of the same type and by the corresponding 
provisions applying at Community level. 
The information referred to in the first subparagraph 
may not in particular be transmitted to persons other than those who, in the Member States or Community 
institutions, need to know such information for the 
purposes of their work. Nor may it be used for purposes 
other than those provided for by this Regulation, unless 
the authority which provided it has given explicit consent 
and provided that the provisions in force in the Member 
State where the authority which received it has its seat 
do not prevent such notification or utilization. 
2. The provisions of this Regulation shall not prevent 
the use, in the course of court proceedings or pros­
ecutions started subsequently for failure to comply with 
agricultural or financial requirements of information 
obtained pursuant to this Regulation. 
Article 15 
Each quarter during the first year of application of this 
Regulation and at least once a year thereafter, the 
Commission shall, in the context of the Management 
Committee for Wine, organize meetings with represen­
tatives of the competent authorities with a view to: 
— carrying out a general review of the way in which 
mutual assistance between competent authorities 
operates; 
— laying down practical rules for exchanges of infor­
mation; 
— comparing or drawing guidance from experience 
relating to the application of cooperation in the wine 
sector. 
Article 16 
The Commission shall adopt as necessary detailed rules 
for the application of this Regulation in accordance with 
the procedure laid down in Article 83 of Regulation 
(EEC) No 822/87. 
Such detailed rules shall relate in particular to: 
— the frequency and nature of the checks provided for 
in Article 3 (3), 
— the duties of authorized officials of the Commission 
as provided for in Article 7, 
— the taking of samples as provided for in Article 6 (3). 
Article 17 
Regulation (EEC) No 359/79 is hereby repealed. 
Article 18 
This Regulation shall enter into force on 1 April 1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.