Commission Regulation (EC) No 2729/2000 of 14 December 2000 laying down detailed implementing rules on controls in the wine sector
Date: 2000-12-14
Institutions: European Commission
Subjects: EU Member State, application of EU law, fraud, judicial cooperation, viticulture, wine

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COMMISSION REGULATION (EC) No 2729/2000

of 14 December 2000

laying down detailed implementing rules on controls in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market in
wine (1), as amended by Commission Regulation (EC) No 1622/
2000 (2), and in particular Article 72(4) thereof,

Whereas:

(1)

(2)

Article 72 of Regulation (EC) No 1493/1999, which
replaces Council Regulation (EEC) No 822/87 (3), as last
amended by Regulation (EC) No 1677/1999 (4), with
effect from 1 August 2000, contains provisions relating
to controls in the wine sector. The framework thus laid
down requires implementing rules and the Regulations
which dealt with that matter, Commission Regulations
(EEC) No 2347/91 of 29 July 1991 on the collection of
samples of wine products for the purposes of coopera-
tion between Member States and for analysis by isotopic
the
methods,
Community databank (5), as amended by Regulation (EC)
No 1754/97 (6), and (EEC) No 2348/91 of 29 July 1991
establishing a databank for the results of analyses of
wine products by nuclear magnetic resonance of deute-
rium (7), as last amended by Regulation (EC) No 1932/
97 (8), should be repealed.

including analysis for the purposes of

According to the provisions of Commission Regulation
(EC) No 1608/2000 of 24 July 2000 laying down
transitional measures pending the definitive measures
implementing Regulation (EC) No 1493/1999 on the
common organisation of the market in wine (9), as last
amended by Regulation (EC) No 2631/2000 (10), Council
Regulation (EEC) No 2048/89 of 19 June 1989 laying
down general rules on controls in the wine sector (11)
remains applicable until 30 November 2000. As a result,
the new implementing rules should enter into force on 1
December 2000.

(3)

For the purpose of the uniform application of wine-
sector provisions, rules should be adopted with the aim
of specifying the control procedures already in force at

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 194, 31.7.2000, p. 1.
(3) OJ L 84, 27.3.1987, p. 1.
(4) OJ L 199, 30.7.1999, p. 8.
(5) OJ L 214, 2.8.1991, p. 32.
(6) OJ L 248, 11.9.1997, p. 3.
(7) OJ L 214, 2.8.1991, p. 39.
(8) OJ L 272, 4.10.1997, p. 10.
(9) OJ L 185, 25.7.2000, p. 24.
(10) OJ L 302, 1.12.2000, p. 36.
(11) OJ L 202, 14.7.1989, p. 32.

(4)

(5)

(6)

(7)

(8)

(9)

national and Community level, on the one hand, and
ensuring direct collaboration between the bodies respon-
sible for wine-sector controls, on the other.

In addition, specific rules should be laid down for the
creation and operation of the body of wine-sector offi-
cials, responsible within the Commission for ensuring
the uniform application of Community rules.

There should be rules governing the way in which the
national bodies and the Commission assist each other in
ensuring the correct application of wine-sector rules.
Such rules must not hinder the application of specific
provisions on Community expenditure, on the declassifi-
cation of quality wines psr, on criminal matters or on
national administrative penalties. Member States must
ensure that the application of provisions specific to the
latter two matters does not prejudice the purpose of this
Regulation or the effectiveness of the controls provided
for in it.

Member States must ensure the effectiveness of the work
of the bodies responsible for wine-sector controls. To
that end, they must designate a body responsible for
liaison between them and with the Commission. It is
that control operations are coordinated
also vital
between the competent bodies in all Member States
where wine-sector controls have been split up between
several competent bodies.

To help the uniform application of the rules throughout
the Community, Member States must take the necessary
steps to ensure that the staff of the competent bodies
have a minimum of powers of investigation to guarantee
compliance with the rules.

In addition, the rules governing the creation and opera-
tion of the Commission's body of specific officials for
wine-sector controls must be drawn up.

If the Commission's specific officials encounter repeated
and unjustifiable difficulties during the exercise of their
tasks the Commission must be able to request explana-
tions from the Member State concerned and the means
required for the successful completion of the inspectors'
tasks. The Member State in question must fulfil its obli-
gations under this Regulation by helping the inspectors
to accomplish their tasks.

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(10)

(11)

(12)

(13)

Special provisions must be laid down governing the
controls to be carried out with regard to wine produc-
tion potential. In particular, operations benefiting from
Community assistance must be subject to systematic
on-the-spot verification.

The interdependence of wine-sector markets is reflected
in
in the evolution of trade between Member States,
particular the constant increase in the number of inter-
national companies active in the sector, and the possibil-
ities offered by the sector's management rules to have
operations, whether aided or not, carried out in or trans-
ferred to, a location other than that from which the
product originates. Such a situation calls for a greater
harmonisation of control methods and closer collabora-
tion between the various bodies responsible for controls.

For the purpose of effective collaboration between the
Member States in applying wine-sector rules, Member
States' competent bodies must be able on request to
liaise with competent bodies in another Member State.
The rules governing that liaison and assistance must be
drawn up.

In view of the complex nature of certain matters and the
urgent need to settle them, it is vital that a competent
body requesting assistance can, in agreement with the
other competent body, have authorised agents desig-
nated by it present when investigations are carried out.

(14)

In the event of a serious risk of
fraud
affecting several Member States or a single Member State
the various bodies concerned must be able to implement
automatically an unsolicited assistance procedure.

fraud or of

(18)

(19)

(20)

(21)

(15)

In view of the nature of the information exchanged
it must be covered by profes-
under this Regulation,
sional confidentiality.

(22)

(16)

the Joint Research Centre (JRC)

Regulation (EEC) No 2348/91 establishes an analysis
databank at
for the
purpose of contributing to the harmonisation of analyt-
ical controls throughout the Community and bringing
together analysis samples and reports from Member
States. The provisions governing that databank should
be taken over and redrafted in the light of the experience
gained since its establishment.

(17)

The use of reference isotopic analysis methods may
ensure more effective control of wine product enrich-
ment or the discovery of the addition of water to such
products or, used with the results of the analysis of

other isotopic characteristics of such products, it may
help to verify conformity with the origin indicated in
their name. With a view to making interpretation of the
results of such analysis easier, it should be possible to
compare those results with results obtained previously
using the same methods during the analysis of products
with similar characteristics and authenticated origin and
production.

Isotopic analysis of wine or wine-derived products is
carried out using the
analysis methods
provided for in Commission Regulation (EEC) No 2676/
90 of 17 September 1990 determining Community
methods for the analysis of wines (1), as last amended by
Regulation (EC) No 761/1999 (2).

reference

the results
to facilitate interpretation of
In order
obtained from such analyses carried out in Community
laboratories equipped for the purpose and to guarantee
that
the results obtained in such laboratories are
comparable, uniform rules should be drawn up for
taking grape samples and for the vinification and storage
of such samples.

To guarantee the quality and comparability of analytical
data a system of recognised quality standards must be
applied to the laboratories designated by Member States
to carry out the isotopic analysis of samples for the
databank.

Isotopic analysis of wine-sector products and inter-
pretation of the results are delicate procedures and in
order to permit uniform interpretation of such analysis
results the JRC databank should be made accessible to
official laboratories using that analysis method and, on
request, to other official bodies in the Member States
while respecting the principles of
the protection of
private data.

Regulation (EEC) No 2347/91 contains rules on the
taking of samples for dispatch to an official laboratory
in another Member State and common rules for the
taking of samples which are to be analysed by isotopic
methods. Those rules should be taken over and the
taking of samples for the Community databank should
be deemed to be an instance of the taking of samples of
a wine-sector product as part of the system of direct
liaison between bodies.

(23)

To guarantee the objective nature of the controls, the
Commission's specific officials or
the officials of a
Member State's competent body must be able to ask the
competent body in another Member State to carry out
sampling. The requesting official must have access to the
samples taken and be able to specify the laboratory
where they are to be analysed.

(1) OJ L 272, 3.10.1990, p. 1.
(2) OJ L 99, 14.4.1999, p. 4.

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(24) Detailed rules should be drawn up for the official taking
of samples as part of the collaboration between Member
States' competent bodies and for
the use of such
samples. Such rules must guarantee representativeness
and the possibility of verifying the results of official
analyses throughout the Community.

(25)

To simplify the administration of expenditure relating to
the taking and dispatch of samples, analysis and organo-
leptic testing and employing the services of an expert,
the principle should be established that such expenditure
is to be borne by the body ordering the sampling or the
services of the expert.

(26)

The conclusive force of
the findings from controls
carried out pursuant to this Regulation must be speci-
fied.

(27) Without prejudice to specific provisions in Community
legislation, Member States must determine the penalties
applicable to the breach of wine-sector rules. The penal-
ties to be applied must be effective, proportional and
deterrent and must not make the application of
Community law more difficult when compared to penal-
ties provided for under national

law.

(28)

To guarantee the smooth operation of controls and
grape sampling in vineyards provisions
should be
adopted to prevent interested parties from obstructing
controls concerning them and to make them facilitate
sampling and furnish the information required pursuant
to this Regulation.

(29)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

Checks and penalties

This Regulation lays down specific arrangements for

1.
checks and penalties in the wine sector.

2.

This Regulation shall not affect the application of:

— specific provisions governing relations between Member
States in combating fraud in the wine sector in so far as
they are such as to facilitate the application of this Regula-
tion,

— rules relating to:

— criminal proceedings or mutual assistance among

Member States at judicial

level

in criminal matters,

— the administrative penalties procedure.

TITLE I

CHECKS BY THE MEMBER STATES

Article 2

Principles

1.
The Member States shall take the measures required to
check compliance with Community rules governing the wine
sector and the national rules for applying them.

2.
The Member States shall carry out administrative and
on-the-spot checks so as to ensure efficient verification of
compliance with the required conditions.

3.
In line with the nature of the support measure concerned,
Member States shall define methods and means for verification
and specify who shall be subject to checks.

4.
Controls shall be carried out either systematically or by
sampling. In the case of sampling, Member States shall ensure
that by their number, nature and frequency controls are repres-
entative of the whole of their territory and correspond to the
volume of wine-sector products marketed or held with a view
to their marketing.

Article 3

Control bodies

1. Where a Member State designates several competent
bodies to check compliance with the rules governing the wine
it shall coordinate the work of those bodies.
sector,

2.
Each Member State shall designate a single liaison body
responsible for contacts with the liaison bodies of other
Member States and with the Commission. In particular, the
liaison body shall receive and forward requests for cooperation
with a view to implementing this Title, and shall represent its
Member State vis-à-vis other Member States or the Commis-
sion.

3.
The Commission shall see that information notified to it
by the Member States pursuant to Article 72(2) of Regulation
(EC) No 1493/1999 is distributed regularly in appropriate
form.

Article 4

Powers of control officials

Each Member State shall take all appropriate measures to facili-
tate the work of the officials of its competent bodies. It shall
ensure in particular that such officials, where appropriate in
conjunction with officials of other departments which it
authorises for the purpose:

— have access to vineyards, wine-making and storage installa-
tions, installations for processing wine-sector products and
vehicles for transporting those products,

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— have access to the commercial premises (or warehouses)
and vehicles of anyone holding with a view to sale,
marketing or transporting wine-sector products or products
which may be intended for use in the wine sector,

— may undertake an inventory of wine-sector products and
substances or products which may be used for the prepara-
tion of such products,

— may take samples of wine-sector products, substances or
products which may be used for the preparation of such
products and products held with a view to sale, marketing
or transport,

— may study accounting data and other documents of use in
control procedures, and make copies or extracts thereof,

— may take appropriate protective measures regarding the
preparation, holding,
transport, description, presentation
and marketing of a wine-sector product or a product
intended for use in the preparation of such a product, if
there is reason to believe that there has been a serious
infringement of Community provisions, in particular in the
case of fraudulent treatment or risks to health.

Article 5

Production potential

1.
For the purpose of compliance with the provisions on
production potential laid down in Title II of Regulation (EC) No
1493/1999 Member States shall make use of the vineyard
register or reference charts, as applicable, in accordance with
Council Regulation (EEC) No 2392/86 (1).

Permanent abandonment and restructuring and conversion
receiving a contribution from the Community shall be system-
atically verified on the spot. The plots checked shall be those
which are the subject of an application for aid.

2.
Compliance with the prohibition on new planting laid
down in Article 2(1) of Regulation (EC) No 1493/1999 shall be
verified by means of the reference chart drawn up in accord-
ance with Article 4(4) of Regulation (EEC) No 2392/86.

The Member States where no reference chart is available shall
notify the Commission before 1 January 2001 of the measures
introduced to ensure compliance with the prohibition on new
planting.

checks organised by the competent bodies in the Member
States.

Checks shall be carried out in accordance with Article 9(2) of
Council Regulation (EC) No 1258/1999 (2).

The Commission may request the Member States:

— to provide information on their planned checks,

— to carry out checks with the aid of its specific officials.

The officials of the Member States shall at all times be in
charge of carrying out the control operations referred to in the
first and second subparagraphs.

2.
In carrying out their duties, the Commission's specific
officials shall have the rights and powers set out in the first,
second, third and fifth indents of Article 4 without prejudice to
the limits imposed by the Member States on their own officials
in carrying out the controls concerned.

The Commission's specific officials shall,
in the course of
checks, adopt an attitude compatible with the rules and profes-
sional practices which officials of the relevant Member State
must follow. They shall observe professional confidentiality.

After

the execution of each control operation,

3.
the
Commission shall forward a communication on the work of its
specific officials to the liaison body of
the Member State
concerned; that communication shall record any difficulties
encountered and infringements of the provisions in force that
were found.

TITLE III

ASSISTANCE BETWEEN CONTROL BODIES

Article 7

Assistance on request

TITLE II

COMMUNITY CONTROL STRUCTURE

1. Where a competent body of a Member State undertakes
control activities on its territory, it may appeal for information
from the Commission or a competent body of any other
Member State liable to be affected directly or indirectly.

Article 6

The Commission's body of specific officials

The Commission shall be notified whenever the product which
is the subject of the controls referred to in the first subpara-
graph originates in a third country, and if the marketing of this
product may be of specific interest to other Member States.

1.
The Commission's body of specific officials set up under
Article 72(3) of Regulation (EC) No 1493/1999 may help with

The body appealed to shall provide all such information as
may enable the applicant body to carry out its duties.

(1) OJ L 208, 31.7.1986, p. 1.

(2) OJ L 160, 26.6.1999, p. 103.

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2. Where reasoned application is made by the applicant
body, the body appealed to 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.

The body appealed to shall act as though on its own

3.
behalf.

In agreement with the body appealed to, the applicant

4.
body may designate officials:

— either to obtain, on the premises of the administrative
authorities coming under the Member State in which the
body appealed to is established, information relating to the
application of the rules in the wine sector or to control
activities, including the making of copies of transport and
other documents or extracts from registers,

— or to be present during operations requested under para-
graph 2, after advising the body appealed to in good time
before the start of those operations.

The copies referred to in the first indent may be made only
with the agreement of the body appealed to.

The officials of the body appealed to shall remain in charge of
the control operations at all times.

The officials of the applicant body shall:

— produce a written order indicating their identity and official

position,

— be accorded, without prejudice to the limits imposed by the
Member State of the body appealed to on its own officials
in carrying out the controls in question:

— the rights of access provided for in the first and second

indents of Article 4,

— the right to be informed of the results of controls
carried out by the officials of the body appealed to
under the third and fifth indents of Article 4,

— 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.

5.
The requests referred to in this Article shall be forwarded
to the body appealed to in the Member State in question via
the liaison body of that Member State. The same procedure
shall apply to:

— replies to such requests,

Article 8

Unsolicited assistance

Where a competent body of a Member State has grounds for
suspicion or becomes aware that:

— a product

listed in Article 1(2) of Regulation (EC) No
1493/1999 does not comply with the wine-sector rules or
has been the subject of
fraudulent action to obtain or
market such a product, and

— this failure to comply with the rules is of specific interest to
one or more other Member States and such as to lead to
administrative measures or legal action,

that competent body shall, via the liaison body under which it
comes, notify the liaison body of the Member State concerned
and the Commission without delay.

Article 9

Common provisions

1.
The information referred to in Article 7(1) and Article 8
shall be accompanied and supplemented as soon as possible by
relevant documents and other evidence and a reference to any
administrative measures or legal proceedings, and shall specifi-
cally cover:

— the composition and organoleptic characteristics of

the

product in question,

— the description and presentation of the product,
— compliance or not with the rules laid down for producing

and marketing the product.

The liaison bodies involved in a case for which the assis-
inform each other without

2.
tance procedure is initiated shall
delay of:

— the progress of investigations,
— any administrative or legal action taken subsequent to the

operations concerned.

Travel costs incurred when implementing Article 7(2) and

3.
(4) shall be borne by:

— the Member State which has appointed an official for the
measures referred to in the preceding paragraphs, or
— the Community budget at the request of the liaison body of
that Member State if the Commission has formally recog-
nised in advance the Community interest of the control
activity in question.

— communications concerning the application of paragraphs

TITLE IV

2 and 4.

Notwithstanding the first subparagraph and in the interests of
quicker and more effective cooperation between them, Member
States may permit a competent body to:

— make its request or communication directly to a competent

body of another Member State,

ANALYTICAL DATABANK

Article 10

Purpose of the databank

— reply directly to requests or communications received from

a competent body of another Member State.

An analytical databank for wine products

1.
managed by the Joint Research Centre (JRC).

shall be

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The databank shall contain data obtained from isotopic
2.
analysis of the components of ethanol and water in wine
products according to the reference methods of analysis
provided for in Regulation (EEC) No 2676/90.

3.
The databank is to help harmonise the interpretation of
the results obtained by the official laboratories of the Member
States in applying the reference methods of analysis provided
for in Regulation (EEC) No 2676/90.

Article 11

Samples

fresh grapes

For the establishment of the analytical databank, samples
1.
of
treated and
processed into wine in accordance with the instructions in
Annex I.

shall be taken,

for analysis

2.
The samples of fresh grapes shall be taken from vineyards
situated in a wine-growing area of clearly defined soil type,
situation, vine training system, variety, age and cultural prac-
tices.

The number of samples to be taken each year for the databank
shall be at least:

— 400 samples in France,

— 400 samples in Italy,

— 200 samples in Germany,

— 200 samples in Spain,

— 50 samples in Portugal,

— 50 samples in Greece,

— 50 samples in Austria,

— 4 samples in Luxembourg,

— 4 samples in the United Kingdom.

The selection of samples must take account of the geographical
situation of vineyards in the above Member States.

Each year at least 25 % of the samples shall be taken from the
same plots as in the previous year.

The samples shall be analysed by the methods described
3.
in the Annex to Regulation (EEC) No 2676/90 by laboratories
designated by the Member States. The designated laboratories
must meet the general criteria for the operation of testing
laboratories set out
in European Standard EN 45001 or
ISO/IEC 17025, and in particular must take part in a system of
proficiency tests covering methods of isotopic analysis.

4.
An analysis report shall be drawn up in accordance with
Annex III. A description sheet shall be drawn up for each
sample in accordance with Annex II.

6. Member States and the JRC shall ensure that:

— data in the analytical databank are preserved,

— at least one control sample for each of the samples sent to
the JRC for analysis is kept for at least three years from the
date the sample is taken,

— the databank is used only for monitoring the application of
Community and national wine legislation or for statistical
or scientific purposes,

— measures are applied to safeguard the data,

in particular

against theft and interference,

— files are made available, without undue delay or cost, to
those to whom they relate so that any inaccuracies can be
rectified.

Article 12

Isotopic analyses

1. Wine-producing Member States not equipped to carry
out isotopic analysis shall send their wine samples to the JRC
for analysis. In this case, they may designate a competent body
authorised to have access to the information on samples taken
on their territory.

2. Member States carrying out their own isotopic analysis of
wine products shall send at least 10 % of the samples for
control analysis by the JRC or by any other laboratory desig-
nated by the JRC.

Article 13

Communication of results

The information contained in the databank shall be made
to the laboratories designated by the

1.
available on request
Member States for that purpose.

2.
In duly substantiated cases, the information referred to in
paragraph 1, when representative, may be made available on
request to other official bodies in the Member States.

3.
Communication of information shall relate only to the
relevant analytical data required to interpret an analysis carried
out on a sample of comparable characteristics and origin. Any
communication of
information shall be accompanied by a
reminder of the minimum requirements for the use of the
databank.

Article 14

Compliance with procedures

5.
A copy of the report with the results and interpretation
of the analyses along with a copy of the description sheet shall
be sent to the JRC.

Member States shall ensure that the results of isotopic analyses
contained in their own databanks are obtained by analysing
samples taken and treated in accordance with this Title.

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TITLE V

COLLECTION OF SAMPLES FOR CONTROL PURPOSES

bodies of the other Member States or by the Commission. In
such cases, they shall have no less value because of the fact that
they do not come from the Member State in question.

Article 15

Request for collection of samples

In the context of the application of Titles II and III, the
1.
specific officials of
the Commission or the officials of a
competent body of a Member State may request a competent
body of another Member State to collect samples in accordance
with the relevant provisions of that Member State.

2.
The applicant body shall hold the samples collected and
shall determine inter alia the laboratory where they are to be
analysed.

Samples shall be taken and treated in accordance with the

3.
instructions in Annex IV.

Article 16

Costs of collection, dispatch and analysis of samples

1.
The costs incurred in taking, treating and dispatching a
sample and in carrying out analytical and organoleptic tests
shall be borne by the competent body 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.

The costs incurred in sending the samples referred to in
2.
Article 12 to the JRC or to another laboratory designated by
the JRC for analysis by isotopic methods shall be borne by the
Community.

For Member States which do not have a laboratory equipped
for wine analysis by isotopic methods, the costs incurred in
sending all the samples to be taken under Article 14(1) to the
JRC shall be borne by the Community.

Article 18

Penalties

Without prejudice to the special arrangements provided for in
Regulation (EC) No 1493/1999 or in the regulations adopted
pursuant to that Regulation, the Member States shall determine
the penalties applicable to breaches of the provisions governing
the wine sector and shall take all necessary measures to ensure
their application. Such penalties shall be effective, be commen-
surate with their purpose and have adequate deterrent effect.

Article 19

Persons subject to controls

1.
Natural or legal persons and groups of such persons
whose professional activities may be the subject of the controls
referred to in this Regulation shall not obstruct such controls
and shall be required to facilitate them at all times.

Cultivators of vines from which grapes are taken by

2.
officials of a competent body:

— may not impede such collection in any way, and
— must provide these officials with all

the information

required under this Regulation.

Article 20

Repeal

TITLE VI

GENERAL AND FINAL PROVISIONS

Article 17

Conclusive force

The findings of the specific officials of the Commission or the
officials of a competent body of a Member State in the course
of application of this Title may be invoked by the competent

Regulations (EEC) No 2347/91 and (EEC) No 2348/91 are
hereby repealed.

Article 21

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 December 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Instructions for taking samples of fresh grapes and processing them into wine for analysis by the isotopic
methods referred to in Article 11

I. SAMPLING OF GRAPES

A. Each sample must consist of at least 10 kg of ripe, sound grapes of the same variety. Samples should not be collected
in the presence of dew or after rain. The grapes must be free of external moisture. They are to be taken in the
condition in which they are found.

Sampling must be carried out during the period when the plot in question is harvested. The grapes collected must be
representative of the whole plot. The fresh grape samples, where appropriate in the form of grape must, may be
preserved by freezing until vinification.

Member States may require that the mininum quantities of samples to be collected in their territory exceed 10 kg
where this is justified by the requirements of scientific collaboration between several

laboratories.

B. When the samples are taken, a description sheet is to be drawn up. This sheet must include a first part concerning the
sampling of the grapes and a second part concerning vinification. It must be kept with the sample and must
accompany it during all transportation. It must be kept up to date by means of an entry regarding each type of
treatment undergone by the sample.

The description sheet concerning the sampling is to be drawn up in accordance with Part I of the questionnaire in
Annex II.

II. VINIFICATION

A. Vinification must be carried out by the competent body or by a department authorised to do so by that body,
wherever possible under conditions comparable with the normal conditions in the production area of which the
sample is representative. Vinification must result in the total transformation of the sugar into alcohol, i.e. in less than
2 g/l of residual sugar. As soon as the wine has clarified and stabilised by means of SO
2, it must be put in 75 cl
bottles and labelled.

B. The description sheet for vinification is to be drawn up in accordance with Part II of the questionnaire in Annex II.

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Official Journal of the European Communities

15.12.2000

ANNEX II

Questionnaire on the collection and vinification of samples of grapes intended for analysis by isotopic methods

1.

General information

1.1.

Sample number:

PART I

1.2. Name and function of the official or authorised person who took the sample:

1.3. Name and address of the competent body responsible for taking the sample:

1.4. Name and address of the competent body responsible for vinification and dispatch of the sample, if other than the body

referred to at 1.3:

2.

General description of the sample

2.1. Origin (country, region):

2.2. Year of harvest:

2.3. Vine variety:

2.4. Colour of the grapes:

3.

Description of the vineyard

3.1. Name and address of person farming the plot:

3.2.

Location of the plot:

— wine village:

— locality:

— cadastral reference:

— latitude and longitude:

3.3.

Soil type (e.g. limey, clayey, lime-clay, sandy):

3.4.

Situation (e.g. slope, plain, exposed to sun):

3.5. Number of vines per hectare:

3.6. Approximate age of vineyard (less than 10 years, between 10 and 25 years, more than 25 years):

3.7. Altitude:

3.8. Method of training and pruning:

3.9. Type of wine into which the grapes are normally made (table wine, quality wine psr, other):

4.

Crop and must characteristics

4.1.

Estimated yield per hectare for the plot harvested:

4.2.

State of health of the grapes (e.g. sound, rotten), specifying whether the grapes were dry or wet when the sample was
taken:

4.3. Date on which sample was taken:

5. Weather conditions preceding harvest

5.1.

Precipitation in the 10 days preceding harvest: yes/no.

If yes, additional information where available.

6.

Irrigated vineyards. If the crop is irrigated:

6.1. Date of last watering:

(Stamp of the competent body responsible for taking the sample, and name, position and signature of official taking the
sample)

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PART II

1.

Microvinification

1.1. Weight of the sample of grapes, in kg:

1.2. Method of pressing:

1.3. Volume of must obtained:

1.4. Characteristics of the must:

— measured index of refraction:

— total acidity expressed in g/l of tartaric acid:

1.5. Method of treating the must (e. g. settling, centrifugation):

1.6. Yeasting (variety of yeast used). Indicate whether or not there was spontaneous fermentation:

1.7. Temperature during fermentation (approximate):

1.8. Method for determining end of fermentation:

1.9. Method of treating the wine (e. g. racking):

1.10. Addition of sulphur dioxide in mg/l:

1.11. Analysis of the wine obtained:

— total and actual alcoholic strength in % vol:

— total dry extract:

— reducing sugars expressed as g/l of invert sugar:

2.

Chronological table of vinification of the sample

Date:

— on which sample was taken:

— of pressing:

— of commencement of fermentation:

— of end of fermentation:

— of separation of wine from lees:

— of the various additions of SO

:

2

— of bottling:

— of dispatch to a specialised laboratory for isotopic analysis:

— where applicable, of dispatch to the JRC:

Date on which Part II was completed:

(Stamp of the competent body which carried out vinification and signature of competent official of that body)

L 316/26

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Official Journal of the European Communities

15.12.2000

ANNEX III

ANALYSIS REPORT

Wine and wine product samples analysed by an isotopic method described in the Annex to Regulation (EEC) No
2676/90, to be entered in the JRC isotope databank

I. GENERAL INFORMATION

1. Country:

2. Sample number:

3. Year:

4. Vine variety

5. Class of wine:

6. Region/district:

7. Name and address of laboratory responsible for the results:

8. Sample for control analysis by the JRC: yes/no

II. METHODS AND RESULTS

1. Wine

1.1. Alcoholic strength by volume:

1.2. Total dry extract:

1.3. Reducing sugars:

1.4. Total acidity expressed as tartaric acid:

1.5. Total sulphur dioxide:

2. Distillation of wine for SNIF-NMR

2.1. Description of distillation apparatus:

% vol

g/l

g/l

g/l

mg/l

2.2. Volume of wine distilled/weight of distillate obtained:

3. Analysis of distillate

3.1. Water content:

(Method: Karl Fischer/Densitometry)

% (m/m)

3.2. Volatile substances other than ethyl alcohol :

% (m/m)

(Method: Gas chromatography with a suitable capillary column)

3.3. Ethyl alcohol in wine distillate:

tm D = 1 – [water content % (m/m)]/100

4. Analysis of N,N-tetramethylurea

4.1. Water content:

4.2. Purity of TMU:

% (m/m)

% (m/m)

(Method: Gas chromatography with a suitable capillary column)

5.

Result of deuterium isotope correlations of ethanol measured by NMR:

5.1. (D/H)I

5.2. (D/H)II

5.3. (D/H)QW

5.4. (D/H)TMU

5.5.

‘R’

=

=

=

=

=

ppm

ppm

ppm

ppm

standard deviation:

standard deviation:

standard deviation:

standard deviation:

standard deviation:

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6. NMR parameters:

Observed frequency:

Memory:

Number of scans:

Number of tests:

Acquisition time:

90° pulse:

; 01:

; 02:

Decoupling power:

Temperature:

°C

Exponential multiplication:

Hz

Correction of the base line: yes/no

Zero filling: yes/no.

7.

Result of isotopic correlation 18O/16O of wine

δ 18O [‰] = ‰ V. SMOW-SLAP

Number of determinations:

Standard deviation:

8.

Equilibration parameters

Automatic equilibration: yes/no

Equilibration temperature:

Sample volume:

Volume of equilibration flask:

ºC

ml

ml

Duration of equilibration:

hours

L 316/28

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Official Journal of the European Communities

15.12.2000

ANNEX IV

Collection of samples in the context of assistance between control bodies

1. When samples of wine, grape must or another liquid wine product are taken in the context of assistance between

control bodies, the competent body shall ensure that:

— in the case of products in containers of not more than 60 litres warehoused in one lot, the samples are

representative of the entire lot,

— in the case of products in containers with a nominal capacity of more than 60 litres, the samples are representative

of the contents of the container from which the samples are taken.

2. Samples shall be taken by pouring the product in question into at least five clean containers each having a nominal
capacity of not less than 75 cl. In the case of products as referred to in the first indent of paragraph 1, sampling may
also take the form of removing at least five containers having a nominal capacity of not less than 75 cl from the lot to
be examined.

Where samples of wine distillate are to be analysed by nuclear magnetic resonance of deuterium, the samples shall be
placed in containers having a nominal capacity of 25 cl, or even 5 cl where they are to be sent from one official
laboratory to another.

The samples shall be taken, closed where appropriate, and sealed in the presence of a representative of the
establishment where the sample is taken or of a representative of the carrier if the sample is taken during transport. If
no representative is present, the report referred to in paragraph 4 shall mention this fact.

Each sample shall be fitted with an inert and non-reusable closure.

3. Each sample shall bear a label which complies with part A of Annex V.

Where the container is too small for the prescribed label to be attached thereto, the container shall be marked with an
indelible number and the required information shall be indicated on a separate sheet.

The representative of the establishment where the sample is taken or the representative of the carrier shall be requested
to sign the label or, as applicable, the sheet.

4. The official of the competent body authorised to take samples shall draw up a written report in which he shall note
any observations he considers important for assessing the samples. In the report he shall note, where necessary, any
statements by the carrier's representative or the representative of the establisment where the sample was taken, and
shall request such representative to affix his signature. He shall note the amount of the product from which the sample
was taken. If the signatures referred to above and in the third subparagraph of paragraph 3 have been refused, the
report shall mention this fact.

5. Wherever samples are taken, one of the samples shall remain as a control sample in the establishment where the
sample was taken, and another with the competent body whose official took the sample. Three of the samples shall be
sent to an official laboratory, which will carry out the analytical or organoleptic examination. There one of the samples
shall be analysed. Another shall be kept as a control sample. Control samples shall be kept for a minimum period of
three years after sampling.

6. Consignments of samples shall bear on the external packaging a red label complying with the model in part B of

Annex V. The label shall be 50 mm × 25 mm.

When dispatching samples, the competent body of the Member State from which the samples are sent shall affix its
stamp partially on the outer packaging of the parcel and partially on the red label.

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ANNEX V

A. Label describing the sample, in accordance with paragraph 3 of Annex IV

1. Required information:

(a) name and address, including Member State, of the competent body on whose instructions sampling was carried

out;

(b) serial number of the sample;

(c) date on which sample was taken;

(d) name of the official of the competent body authorised to take the sample;

(e) name and address of the undertaking in which the sample was taken;

(f)

identity of the container from which the sample was taken (e.g. number of the container, number of the lot of
bottles, etc.);

(g) description of the product, including production area, year of harvest, actual or potential alcoholic strength and, if

possible, vine variety;

(h) the words: ‘The reserved control sample may be examined only by a laboratory authorised to carry out control

analyses. Breaking the seal is a punishable offence.'

2. Remarks:

3. Minimum size: 100 mm × 100 mm.

B. Model of the red label referred to in paragraph 6 of Annex IV:

Products for analytical and organoleptic testing under Regulation (EC) No 2729/2000

EUROPEAN COMMUNITIES