No L 202/32 Official Journal of the European Communities COUNCIL REGULATION (EEC) No 2048/89 of 19 June 1989 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 the common organization of the market in wine (!), as last amended by Regulation: (EEC). No 1236/89 (2), and in particular Article 79°(2) thereof, Having regard to the proposal from the Commission (3), Having regard Parliament(4), to the opinion. of the European Having regard to the opinion of the Economic and Social Committee (*), Whereas, for the purposes of uniform application of the wine provisions, there is a need for rules designed to improve the control procedures already in force at Community and national level and to strengthen cooperation between the authorities responsible for the controls in the wine sector provided for wuntii now in Regulation (EEC) No 359/79 (%); 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; Whereas provisions should be laid down under which the national authorities and the Commission must provide mutual assistance with a view to ensuring proper application of the wine rules, in particular through preventive action and the detection of infringements or behaviour suspected of infringing the rules; whereas those provisions are not an obstacle to the application of -specified rules relating to Community expenditure, the downgrading of quality wines psr; criminal law or administrative penalties; whereas Member States must ensure that application of specific rules on-the two latter subjects does not undermine either the aim of this Regulation or the effectiveness of the controls laid down therein; Whereas the measures adopted by the Member States to ensure compliance with the wine rules have revealed the (1) OJ No L 84, 27. 3. 1987, p. 1. (2) OJ No L 128, 3. 5. 1989, p. 31. (*) O] No C 24, 29. 1. 1988, p. 8. (*) O] No C 94, 11. 4. 1988, p. 209. (%) OJ No C 95, 11. 4. 1988, p. 9. (5) O] No L 54, 5. 3. 1979, p. 136. limits to their effectiveness, notably on the occasions of fraud which seriously disrupted the wine sector both in 1985 and in 1986; whereas the Member States should therefore be invited - to adopt provisions that can ensure proper application of the rules; Whereas it is appropriate to define particularly sensitive areas in which an improvement of controls is necessary, without excluding the possibility of improving controls in other areas of the wine rules, where called for; ! Whereas each Member State must ensure that the work of control agencies- is more effective and whereas, for this purpose, it shall designate an authority to liaise between the Member States and the Commission; whereas it is, moreover, essential that the control work is coordinated between the competent authorities in all Member States in which wine control work is carried out by more than one authority; ' Whereas all the authorities responsible for control in the wine sector must be aware of the measures, decisions or interpretations relating to the application of the wine rules in a Member State if there is to be proper harmonization of legislation at Community level; whereas a permanent flow of relevant information- on this subject must be introduced between the Member States as well as between them and the Commission; Whereas to help make the application of the rules uniform throughout the Community, the Member States should, in particular, take the necessary action to ensure that the staff of the competent authorities have sufficient technical competence comparable with that of corresponding staff in the other Member States, and that they have the minimum essential investigative powers to ensure compliance with the rules; whereas the powers of the Member States’ control officials should be defined; Whereas the development of: trade in wine between the various Member States, in particular the steady expansion in the number of multinational companies in this sector, and the scope provided by the management rules to have carried out or to transfer operations, whether or not aided, to places different from those in-which the product has been grown reflect the interdependence of the wine markets; whereas this situation necessitates greater harmonization of control methods and closer cooperation between the various control authorities; Whereas the immense damage which fraud can cause to consumers and producers, whether as regards health or + business operations, therefore makes it imperative to