CELEX: 51977PC0066
Language: en
Date: 1977-03-14
Title: Proposal for a COUNCIL REGULATION (EEC) on direct cooperation between the bodies designated by Member States to verify compliance with Community and national provisions in the wine sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 66
Vol. 1977/0028
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(77)66 final
                                              Brussels . 14 March 1977
                           , ci        .
                                Proposal for a
                         COUNCIL REGULATION (EEC )
             on direct cooperation "between the bodies designated
            "by Member States to verify compliance with Community
            and national provisions in the wine sector
                 ( submitted to the Council by the Commission)
 CGM(77 ) 66 final
 ---pagebreak---                 EXPLANATORY MEMORANDUM
       The quantities of wme ana grape must which are not conform
 or which are suspected not to be conform to Community rules
create important difficulties . The bodies in the Member States
responsible for verifying compliance with Community provisions
in the wine sector are not organized in such a way as to enable
frauds and deceptions in this sector to be combatted with the
desirable efficacy , and the rapid increase in trade between
Member States following the common organization of the market
in wine has made their task even more difficult .
       The Council is aware of the need for special efforts to
reinforce the suppression of frauds in the wine sector . It has
decided to stress direct cooperation between the specialized
bodies in the various Member States . Article 39a of Regulation
( EEC ) NO 816/70 was therefore modified along these lines by
Regulation (EEC ) No II60/70 . On the basis of that Article , this
proposal contains rules governing direct cooperation and providing
for intensification and acceleration of the exchange of information
between the specialized bodies in the various Member States . The
subject of such exchanges is defined and implementing rules can
be adopted as necessary .
       The adoption of this proposal for a regulation has no
financial implications for the Community budget .
 ---pagebreak---                                 Proposal for
                     COUNCIL REGULATION (EEC )
            on direct cooperation between the "bodies instructed
           "by Mem"ber States to verify compliance with Community
            and national provisions in the wine sector
THE COUNCIL OP THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) NO 8I6/7O of 28 April 1970 laying
down additional provisions for the common organization of the market in wine ( l ),
as last amended by Regulation (EEC ) No 2842/76 ( 2 ), and in particular Article
39a(2 ) thereof , .                                          -
Having regard to the proposal from the Commission ,
Whereas under Article 39a(2 ) of Regulation (EEC ) NO 8I6/7O all necessary
measures should be taken to ensure uniform application of Community
provisions in the wine sector , particularly as regards controls ;^ whereas
 this aim can only be achieved by means of direct cooperation between the .J
bodies instructed by the Member States to verify compliance with - the
 provisions in the wine sector , provided for in Article 39a(l );
                                                                          •/.
( 1 ) OJ No L 99 , 5.5.1970 , p. 1
( 2 ) OJ No L 327 , 26.11.1976 , p. 2
 ---pagebreak---                                                                           2.
 Whereas rules should be adopted for contacts between those "bodies , stipulating
 the subjects which may form part of such direct exchange ; whereas a simple pro­
 cedure should be introduced to allow regular checks on the authenticity of en­
 tries on accompanying documents and in turnover records and the sending of
 samples for analysis or organoleptic examination ; whereas there should be pro­
 vision for requesting the assistance of a qualified expert from another Member
 State , especially if other measures have not brought about a solution in case of
 dispute ; whereas investigations should be permitted when the price of a product
 gives rise to doubts as to whether its conditions of production , its aesig- .
  nation or its presentation comply with Community rules ;
 Whereas experience has shown that it is useful for the legal authorities in a
 Member State to be able to aslc the competent bodies in ancthez- Member State for
 analyses;, and interpretations concerning the products in question j whereas it
 is therefore desirable for Member States to designate from among the laborato­
 ries referred to in the second, indent of the second subparagraph of Article
 39a(l ) of Regulation (EEC ) NO 816/70 those which are authorized to provide the
 said analyses and interpretations ;
Whereas , in order to ensure the efficacy of direct cooperation between the bo­
 dies instructed by the Member States to verify compliance with Community provi­
 sions in the wine sector , the work of the Management Committee for Wines should
 include a regular exchange of information between representatives of those bo­
dies ; whereas this exchange of information should both deal with suspected or
recorded breaches of the said provisions and help to ensure the uniform
application of those provisions throughout the Community ;
Whereas cooperation between the Commission and the bodies instructed by the
Member States to verify compliance with Community provisions in the wine sector
may help to reveal irregularities concerning production conditions , oenological
practices , the designation or the presentation of a product in this sector ;
whereas provision should therefore be made for an administrative enquiry in which
Commission agents may participate ,
 ---pagebreak---                                                                              3.
HAS ADOPTED THIS REGULATION :
'                                    Article x
1,               As part of their mutual relations in accordance with Article 39s-(l ) ■
     of Regulation (EEC ) NO 816/70 , the bodies instructed by the Member States to
   verify compliance with Community provisions in the wine sector
     ( a ) shall exchange information concerning consignments of products listed in
           Article l(2 ) of Regulation (EEC ) NO 816/70
           – which they consider or suspect do not conform to Community provisions ;
           – the designation or presentation is false or suspected of being false ;
           – which , in the case of quality wines p.s.r ., show a fault
              suggesting      that these wines do not correspond to Community or
             national provisions governing their production and which may therefore
             have to be downgraded ;
   (b ) shall in case of doubt request the authorities in another Member States to
           check the authenticity of the documents required by Community provisions
           in the wine sector , with the exception of customs documents , and of the
           entries in the turnover records referred to in Article 29 of Regulation
           (EEC ) No 816/70 ;
   ( c ) may send to the authorities in another Member State samples of the pro­
           ducts referred to under ( a) for analysis or organoleptic examination ;
   (id) may request the authorities in another Member State to appoint a qualified
           expert to assist them in their control activities concerning a product
    ■ ' ■; which is on their territory_but which was produced in the other . ...
           Member State :
                                                                         •   ./•
 ---pagebreak---     ( e ) may request the authorities in another Member State to carry out concer­
           ted and rapid examination of one or more batches of the products referred 1
     to under ( a) obtained in the other Member State and marketed on their terri–
       .   tory at a price justifying the suspicion that they have been produced ,
           obtained according to oenological practices , designated or presented in
           a maimer which does not conform with Community provisions .
2.              Bodies asked for information , checks on the veracity of accompanying
   documents and registers or analyses or organoleptic examinations shall give
   these requests priority and shall try V as far as possible to reply without
   delay.
3.               If necessary , implementing rules shall be adopted , in particular for :.
   – the exchange of information , bearing in mind the need to proceed rapidly ;
             I
   – samplmg s
   - the payment by Member States of the expenses incurred by an expert in a
         Member State other that the one in whose service he is .
                                     Article 2
           By 30 July 1977 at the latest , the Member States shall designate from
among the laboratories referred to in the seoond indent of the second subpara­
graph of Article 39a(l ) of Regulation (EEC ) No 816/70 those authorized to pro­
vide , at the request of the legal authorities of another Member State , analyses
and intgrpretationsof ^ such analyses concerning products listed in Article 1(2 )
of the-%        said     ^ Regulation obtained on their territory .
                                     Article 3
           Representatives of the Member States on the control bodies referred to m ;
Article 1 shall meet at regular intervals within the Management Committee for
Wines set up by Article 6 of Regulation No 24 » in order to discuss :
 ---pagebreak---  - the problems raised by the application of this Regulation , and in particular
    to examine methods of exchanging information and to draw conclusions ;
- any other problem relating to uniform control of Community provisions in the
    wine sector .  . ■
                                    Article 4
1.        If the Commission considers that Irregularities concerning production
     conditions , oenological practices , the designation or the presentation of a
     product listed in Article 1(*2 ) of Regulation ( EEC ) No 816/70 have occured in
     one or more Member States , it shall inform the jjitate or States concerned which
     shall conduct an administrative enquiry in- which Commission agents may parti­
     cipate .
2.       The Member State shall forward the report and the conclusions reached at
     the end of the enquiry to the Commission .
3.       Paragraph 1 does not affect the application of Article 6 of Council Regula­
     tion (EEC ) No 283/72 of 7 February 1972 concerning irregularities and the
     recovery of sums wrongly paid in connection with the financing of the common
     agricultural policy and the organization of an information system in this
     field ( 3 ).
                                    Article 5
         This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
         This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                            For the Council
                                                               the President
( 3 ) OJ No L 36 , 10.2,1972 , p. 1