CELEX: 51987PC0694
Language: en
Date: 1988-01-13
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules on controls in the wine sector (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 694
Vol. 1987/0316
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  СOМ(87 ) 694 final
                                                  final ,     13  January 198 g
                                 Proposal for a
                          COUNCIL REGULATION ( EEC )
         laying down general rules on controls in the wine sector
                       ( submitted by the Commission )
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C0M(87 ) 694 final
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
When submitting its 1986 / 87 price proposals ( 1 ), the Commission stated that it
would submit practical plans concerning the organization of controls in the
wine sector , in response to the serious problems that had occured in previous
marketing years .
With the 1987 /88 price proposals ( 2 ), the Commission laid before the Council
provisions relating to controls . These provisions are a logical follow-up to
the introduction of the vineyard register in 1986 ( 3 ). The Commission felt
that the controls would be more effective if the following guidelines were
complied with :
      introduction in each Member State of an autonomous facility staffed by
      control specialists to overcome the problems of the present dispersion and
      administrative fragmentation in the Member States , as this is a situation
      that hampers efforts to improve controls ,
      the constitution of a corps of Community servants to ensure and monitor
      uniform implementation of the Community regulations , in particular by
      verification work and close cooperation with the national authorities in
      any action enabling the objective set to be achieved .
Although the Commission emphasized that one of the reasons for the present
weakness of control departments was that there are so many of them and
sometimes even that they are not specialized , for which reason it called for
the establishment , in the winegrowing Member States , of specialized autonomous
national agencies in this field , the Council felt unable to adopt this
approach and asked the Commission to maintain only the second part of its
proposal but to add provisions designed to ensure better definition of the
objectives and of the relationships between the competent bodies responsible
for controls .
These objectives , now enshrined in Article 79(2 ) of Regulation ( EEC ) No 822/ 87
enabled the Commission to lay before the Council , annexed hereto , its proposal
for a regulation laying down general rules on controls in the wine sector .
The Commission feels that anything less than the approach set out in its
proposal would jeopardize the objectives of the exercise .
( 1 ) C0M(86 ) 20 final , Volume I , p . B / 37 , paragraph 16 .
( 2 ) COM(87 ) 1 final , Volume III , pp . 162 and 163 .
( 3 ) 0J No L 208 , 31.7.1986 , p. 1 .
 ---pagebreak--- The Commission must however recall that an organization , however
sophisticated , can operate properly only if all its components participate
effectively .
The Commission takes the view that if the objectives that have been set for it
are to be achieved , the three fundamental points described below - upon which
depends the proper application of the regulations - must be tackled properly .
Improvement of controls at national level
In view of the interdependence of the markets , the Commission is anxious to
avoid any distortion in the application of the regulations , whether at
national level or at Community level . This means that priority fields should
be chosen in which controls should be sepcially adapted , according to
procedures to be determined by the Member States and then notified to all the
responsible agencies or authorities to enable the modifications necessary for
the achievement of the Commission 's objectives to be implemented .
The Member States , who are in charge of the organization of their control
structures , must ensure that the staff members of these agencies have proper
technical competence and must also adopt the measures conferring upon these
agencies the minimum investigating powers required for all the Community
without which efforts made to ensure the proper application of the wine
regulations would be made in vain .
Because it definitely enhances efficiency , the coordination of the competent
control agencies must be increased both at national and Community level ; for
this purpose , it will be for the Member States in which controls are entrusted
to various bodies to introduce a coordination facility which will constitute ,
in particular , a compulsory point of contact between all the national or
Community competent authorities involved in the implementation of the
interdepartmental cooperation procedure .
Introduction of a Community control structure
Experience has shown in recent years that because of restricted territorial
competence , of administrative fragmentation or of methods of intervention , the
wine control facilities have been unable to cope with the requirements arising
on the Community wine market . To prevent serious difficulties arising again
and to ensure more effective and more uniform application of wine regulations ,
a Community wine control structure should be constituted .
Responsible specifically for wine problems , this Community structure , in
addition to its own powers of verification working with the Member States'
competent authorities , will be able to give assistance to the comptetence
authorities so requesting , in particular to ensure better information and more
prompt prosecution of infringements .
 ---pagebreak---                                         M-
Improvement of cooperation between the comptetent authorities responsible for
Controls
The application of Regulation ( EEC ) No 359 / 79 has revealed a number of
shortcomings which have led the Commission to propose that it be redrafted in
particular in order to clarify the rules for implementing this procedure . In
the general context of this proposal for a regulation , it is clear that the
conditions under which cooperation between competent authorities , including by
the Commission , can be requested , must be amplified .
The new provisions applicable should be such as to ensure better prevention
while placing the Commission , as the party having an interest in its proper
operation , in a position to take action so that the object line pursued can be
achieved .
Conclusion
In financial terms , the expenditure of 1.5 million ECU proposed for both the
creation of the Community control facility and for cooperation with the
national competent authorities should , in the short term , yield direct savings
in respect of aids and indirect savings because there should be fewer illicit
transactions . Although there is no way of being certain as to the savings
expected , it may be recalled , as a rough indication , that in the first year of
operation of the olive oil register , some Member States found aid claims
dropping by up to 30% .
 ---pagebreak---                                                   s
                                         Proposal for a
                                  COUNCIL REGULATION ( EEC )
               laying down general rules on controls in the wine sector
  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        on the
                                                                                     the
 common organization of the market in wine ( 1 ), as last ammended by Regulation
 (EEC ) No 3146 /87 ( 2 ), and in particular Article 79(2 ) thereof ,
 Having regard to the proposal from the Commission ( 3 ),
 Having regard to the opinion of the European Parliament ( 4 ),
Having regard to the opinion of the Economic and Social Committee ( 5 ),
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 ( 6 ).
Whereas general rules are also required for the introduction 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 ;
( 1 ) OJ No L 84 , 27.3.1987 , p. 1 .              ( 4 ) OJ No C    ,         ,» p.
                                                                                  P*
( 2 ) OJ No L 300 , 23.10.1987 , p. 4 .            ( 5 ) OJ No C    ,          », P-
                                                                                  p.
( 3 ) OJ No C                  pP-•    •           ( 6 ) OJ No L 54 , 5.3.1979, p. 136 .
 ---pagebreak---  Whereas the measures adopted by the Member States to ensure compliance with
 the
 the wine
      wine ru  rules
                 les
               rules    .. have
                           have revealed
                                 revealed the
                                          the limits
                                              limits to
                                                     to their
                                                         their eff Prh’vPHPCC , notably
                                                               effectiveness
 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 ;
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 themeasures , decisions or interpretations relating to the application of the wine
rules in
rules    in aa     Member State if there is to be proper harmonization 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          ru les
                                                     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 minimi  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
thi s 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 orof 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 ;
 ---pagebreak---                                             -τ-
Whereas the work of the Community off ici a Is responsi ble 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 Counci l Regulation ( EEC ) No 1468 / 81 ( 7 ), as amended by Regulation ( EEC ) No 945 / 87
( 8 ), concerning mutual assistance betweenthe 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 shou Id be taken of the experience gained in the fi eld of cooperation
between control authorities , and the scope of such cooperation should be
extended to cover , in particular , the introduction at Community level of a
structure whi ch wi 1 1 henceforth be comptetent 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 , whi le 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 comptetent authorities 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 behavior 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 ;
( 7 ) OJ No L 144 , 2.6.1981 , p.
                                P- 1 .
( 8 ) OJ No L 90 , 2.4.1987 , p. 3 .
 ---pagebreak---                                         -g-
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 ;
Whereas arrangements should be made to ensure that information on experience
gained is shared so that gains in this respect in each Member States 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 comptetent authority has ssubmitted a
request for assistance it should , in agreement with the requested
authority , be able to involve its own staff , where appropriate 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 Regulation 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 :
 ---pagebreak---                                          -1-
                                       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 ;
(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 .
 ---pagebreak---                                         - VD-
                                       TITLE I
 Improvement of controls to be carried out by Member States
                                      Article 3
I. 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 déclarations ,
     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 ;
 ---pagebreak---                                        -11-
    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
   representative 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 authorities to carry out controls , it
   shall ensure the coordination 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 .
 ---pagebreak---                                         -\ls
                                      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 authorities . They shall ensure in particular
   that officials of the competent authorities , where appropriate in conjunction
   with officials of other departments authorized for the purpose or with
   officials as referred to in Article 7 :
   have access to the vineyards , wine-making installations , 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 circulation or transporting , wine-sector products or products
   which may be intended for use in the wine sector ;
                                 - sector.
   may undertake a survey of wine^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 purposes of controls and may
   take copies or extracts thereof .
 ---pagebreak---                                        13-
 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 conjucntion 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 performance 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 .
 ---pagebreak---                                        - ι4-
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 suggestion 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 .
 ---pagebreak---                                       “ 1S "
                                    TITLE III
                    Assistance between competent authorities
   Chapter 1 :  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 ,
   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 .
 ---pagebreak---                                               - 1 f-
                                            Article 10
 1.   At the request of the applicant authority , the requested authority shall '
     in so far as possible perforin 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 .
 ---pagebreak---                                        -ψ-
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 adminis ¬
    trative authorities coming under the Member State in which the requested authority
    has its seat , and according to procedures prescribed 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 information .
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 circulation , and
    - that such failure tocomply 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 authorities of the Member States concerned .
 ---pagebreak---       Inhere 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 measmeasures  or
     legal action and shall relate in particular to :
    composition and organoleptic characteristics ,
    description and presention ,
    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 the Commission may decide to take part in the
    various controls , if necessary on the spot, in conjunction with the
    competent national authorities .
    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 information facilities
    available to it .
U.  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 ;
 ---pagebreak---                                      -*v
   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 ot 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
   national   law of the Member Sate which received it on
   information 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 prosecutions started subsequently for failure to
   comply with agricultural or financial requirements of information obtained
   pursuant to this Regulation .
 ---pagebreak---                                      -2°-
                                   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 representatives 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 information ;
 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 .
 ---pagebreak---                                Artide 18
This fegulation shall enter into force on 1 April 1988 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                           For the Council
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                                                                     VI / 4032 / 87 herz . 3
     FINANC I AL             STAfE MENT             concerning :
     Proposal for a Council Regulation laying down general rules on controls in
    the wine sector .
 1 . Budget heading : III B      Item : 382    title : Controls in agriculture
 2 . legal basis : Article 43 of the Treaty and Article 79(2 ) of Regulation ( EEC ) No 822 / 87
 3 . Classification :           xQwK^AWX'xtweXf^ibOf/Non-conpulsory expenditure
 4 . Purpose/description of the measure : Introduction of a corps of inspectors
 5.    Method of calculation
 5.1 Form of expenditure : Travel and coordination expenses
 5.2 Communi ty contriouti ;;n : 100%
 5.3   Calculation :                                                 ECU / year
                         Community inspectors
                          . Allowances                               128 . 00C
                                                                     128.000       -
                                                                                     ( Article 8 )
                         . Travel expenses                           169 . 00(
                                                                     169.000
                         Coordination meeting                          44.00C
                                                                       44.000        ( Article 11 )
                         Assistance
                         . Allowances                                  14.00C
                                                                       14.000
                                                                                     ( Articles 13 and 15 )
_. Tra vel ex penses_ _                                                25.00C
                                                                       25.000
6 . Financial implication as regards operating appropriations \380.000
6.                                                               \^ 380.00C /
5.1 Schedule of commitment appropriations and payment appropriations (A ECU )
                   Year                     C.A.                 P. A.
                   15 88                  670.000 ( 1 )   (2)
                   13 89                  860.000         (2)
                   15 90                  380.000
                   19 91                  380.000
                   15 92                  380.000
                   foil -wing vears
                   Iota ■
5.2 r inancing during current year : Not necessary .
7 . Observations :    ( 1 ) Taking into account the time limit necessary for the
                             recruitment of the inspectors .
                       ( 2 ) Including the costs of the introduction of a corps of
                             specialized servants of the Commission the following is necessary
                           - 2 A category civil servants
                             10 A category temporary servants
                              2 C category civil servants ( secretaries )
                           - The charging of this amount to the budget after the
                             introductory period will be the subject of an examination
                             under the preparation of the PDB .