Direction générale de la Concurrence, de la Consommation et de la Répression des Fraudes

Wines and spirits constitute an essential market in the French economy, particularly in Aquitaine. Born from the phylloxera crisis at the end of the 19th century, which led to the law of August 1, 1905 on the repression of frauds, designed to fight against dishonest trade and food insecurity by repressing especially frauds on wines and milk, the regulation of the wine industry has always been in close dependence with the economic situation and technological evolution. The service of the repression of frauds was born in 1907 following the revolt of the wine growers of Languedoc.
 
To ensure the fairness of the market and the safety of consumers, taking into account the particularities of the wine industry, the DGCCRF* has for more than 50 years set up, alongside its departmental offices, a network of inter-regional investigation brigades specialized in wines and spirits, the "BIEV". They are located in eight production regions (Bordeaux, Châlons-en-Champagne, Dijon, Marseille, Montpellier, Nantes, Strasbourg, Toulouse) or consumption regions (Paris) within the framework of the DIRECCTE* and are composed of about fifty highly specialized investigators who carry out complex controls in the wine industry.

Also as a result of government reform, DGCCRF agents are located at the departmental level in departmental directorates in charge of population protection (which also include veterinary services); in some thirty of these, a CCRF official is also partly in charge of wine controls, some of whom may intervene in two departments of the region.
 
Pôle C* of the Aquitaine DIRECCTE in Bordeaux is responsible for verifying the application of national and European wine regulations in two basins: Bordeaux-Aquitaine and Charentes-Cognac. Together, they represent one third of French wine production in volume and account for approximately 9 billion euros in sales (in 2013), of which nearly 50% is exported. In addition, the Bordeaux basin is the world's leading region for the production of AOC wines and the Cognac basin is the most important sector for spirits. Seven specialized investigators (BIEV), two of whom are based in Angoulême, are competent to carry out large-scale controls in these two basins, particularly on the sectors, and four also carry out wine controls in a complementary and harmonized manner in Aquitaine in all the circuits, including one in Lot-et-Garonne.

The controls are carried out within the framework of the DGCCRF's general objectives, which concern three major blocks: the competitive regulation of markets in order to guarantee the conditions for a balanced and transparent operation of the markets (with the support of two regional or inter-regional brigades dedicated to competition issues, also at Pôle C), the economic protection of consumers and the fairness of the market, and consumer safety. 
 
For the wine sector, the action consists on the one hand in enforcing the rules of competition in order to promote the development of an open market by fighting against unfair practices, notably through invoicing, payment terms which are regulated, but also through the activity of interprofessional or professional organizations. On the other hand, and this is the action of the wine department of Pôle C in Aquitaine, a function that monitors the application of rules relating to consumer information and fair trade practices: verification of the conformity of wines, presentation of wines (AOC/IGP, vintage, grape variety, mentions of châteaux, estates, etc.), distance selling of wines, etc. It also guarantees their health and physical safety: compliance with good hygiene practices, control of sanitary risks and oenological products, monitoring of contamination and treatment residues, mention of allergens, traceability and alert management measures, etc. In addition, we are also involved in the search for counterfeit brands, in conjunction with the Customs Department.
 
Investigators with judicial police functions, the officials specialized in wine control are mainly looking for offences related to fraud (deception, falsification, possession of unauthorized products, fraudulent use of a quality sign: AOC/IGP) and deceptive commercial practices through the control of:

• the quality of the harvest and must ;

• the movement of products to enrich the harvest, particularly sugar (chaptalization), and the use of oenological products and practices;
• the quality and authenticity of wines, eaux-de-vie and spirits and the protection of AOCs and protected traditional expressions of value (chateau names);

• the conditions of presentation and labeling of products.

To do so, the investigators have judicial police powers, but also administrative police powers, provided for by the Consumer Code, which have just recently been further strengthened by Law 2014-344 of March 17, 2014 on consumption, published in the JORF of March 18, 2014 . They are of three kinds:

• the control of products, practices and all conditions of winemaking, storage and distribution of products;

• the control of any document necessary for their control, which they can seize, and the accounting verification from the registers and tax documents whose keeping is mandatory and which identify the wines and spirits during their marketing (in collaboration with the services of the DGDDI);
• taking samples of products that are sent for analysis to the laboratories of the DGCCRF-Douane joint laboratory service (SCL), including the Bordeaux-Pessac laboratory, which specializes in beverages, chemical contaminants and materials that come into contact with food. These analyses are intended to guide the investigators in their investigations.


Depending on the needs of the investigation, the interventions take place at the production level (control of harvest and stock declarations of wine growers), in private wineries or in cooperative cellars, at the trade level, during the circulation of wine products and in commercial circuits, including cafés-restaurants, wine bars, etc. They can also concern the producers or resellers of intermediate products (oenological products, equipment) and service providers, notably oenological laboratories or oenologists.

The anomalies most often give rise to observations transmitted to the legal authorities (fines or offences). They can also be the subject of administrative police measures on the investigators' proposals, such as compliance injunctions, destruction of products, suspension of an activity, in particular when it is likely to present a danger for the consumer. The law n°2014-34 relating to consumption has also just given the administrative authority in charge of competition and consumption the power, for certain offences, to prescribe an administrative fine, the maximum amount of which, relatively high, has been defined by this text in order to fight more effectively against fraudulent practices.
 
It should be noted that control activities in the areas of economic protection of the consumer and consumer safety in sectors other than wines, alcoholic beverages and spirits are the responsibility of the DGCCRF investigators assigned to the interministerial offices in charge of population protection (DDCSPP), which are present in all departments.

In addition to its control action, the Pôle C of the DIRECCTE ensures with its Wine department an information action on the regulations to the actors of the wine industry and also contributes to the economic development of this industry by actively participating in various works. This information is available on the DIRECCTE Aquitaine website and a telephone hotline is available two half-days a week.

Within DIRECCTE Aquitaine, the "3E: companies-employment-economy"* cluster is also involved in the wine industry by supporting the industry, particularly within the framework of the regional strategic committee for the agri-food industry chaired by the prefect of the Aquitaine region, but also through the Inno'vin competitiveness cluster to promote innovation in the wine industry in Aquitaine. It also assists companies, including those in difficult situations, and mediates where necessary to create the conditions for a resumption of negotiations and to reach concerted solutions to end the crisis. It finances actions aimed at setting up a forward-looking management of manpower and skills (GPEC) in the entire wine sector and contributes, notably through its network, to the development of exports.

 

 

 

 

*Translator's notes:
- DGCCRF: General Department of Competition, Consumer Affairs and Fraud Control. Equivalent to FTC (United States) or CMA (England).
- DIRECCTE: Regional Department of Business, Competition, Consumption, Labor and Employment.
- Pôle C pilots the action of the departmental departments for the protection of the populations in relation to the economic protection and the safety of the consumers.
- 3E: in french, company is called "entreprise" and begins with an E so 3E.