Article 21

1. Where, on the basis of the checks carried out at the point where the products are marketed, a competent authority of a Member State considers that this Directive is not being complied with at a border inspection post, a crossing point referred to in Article 4 (2) (i), a free port or free zone referred to in Article 5 or a free warehouse referred to in Article 6 of another Member State, it shall contact the competent central authority of that Member State without delay. The latter shall take all the necessary measures and inform the competent authority of the first Member State of the nature of the checks made, the decisions taken and the reasons for such decisions. If the competent authority of the first Member State believes the measures are insufficient it shall examine, with the competent authority of the Member State in question, the ways and means in which the situation could be remedied, where necessary by visiting the Member State in question. Where the checks referred to in the first subparagraph show repeated non-compliance with this Directive, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States. The Commission may, at the request of the competent authority of the Member State of destination or on its own initiative, and taking account of the type of infringements complained of: send an inspection team to the Member State in question in conjunction with the competent national authorities, request the competent authority to step up the checks carried out at the border inspection post, crossing point, free port, free zone or free warehouse in question. Pending the Commission's findings, the Member State attached must, at the request of the Member State of destination, step up checks at the border inspection post, crossing point, free port, free zone or free warehouse concerned. The Member State of destination may, for its part, intensify checks on products coming from these sources. At the request of one of the two Member States concerned - where the irregularities are conformed by the inspection referred to in the first indent of the fourth subparagraph - the Commission must, in accordance with the procedure laid down in Article 23, take the appropriate measures. These measures must be confirmed or reviewed as soon as possible in accordance with the same procedure. 2. Rights of appeal existing under the laws in force in the Member States against decisions by the competent authorities shall not be affected by this Directive. Decisions taken by the competent authority and the reasons for such decisions shall be notified to the operator concerned by such decisions or his respresentative. If the operator concerned or his representative so requests, the said decisions and reasons shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the Member State performing the checks of the procedure and time limits applicable. 3. The detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 24.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-06 · Text as adopted (Official Journal); later amendments are not incorporated in this text.