11.5.2010 Official Journal of the European Union L 117/13 COMMISSION REGULATION (EU) No 401/2010 of 7 May 2010 amending and correcting Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 on the common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ('), and in particular Article 121 first paragraph points (k), () and (m) and Article 203b, in conjunction with Article 4 thereof, Whereas: (1) In accordance with Article 25(1) of Commission Regu- lation (EC) No 607/2009 (?), annual verification of wines bearing protected designation of origin or geographical indication shall be carried out either through random check, sampling or systematic check, bearing in mind that only random checks can be combined with sampling. Some Member States who until now have privileged systematic checks are evolving and wish to be able to combine all three forms of checks. Therefore, as regards annual verification systems, more flexibility should be offered to Member States. (2)  After Regulation (EC) No 607/2009 had been adopted, it was found to contain some technical errors, which should be corrected. In particular, the wine grape variety name ‘Montepulciano’ was  erroneously mentioned in Part B of Annex XV and should therefore be moved to Part A of that Annex. The spelling of some provisions should also be improved in order to gain clarity. (3)  For the sake of clarity and consistency, some provisions of Regulation (EC) No 607/2009 should be redrafted or specified. This is in particular the case of provisions applying to third countries, to whom the use of certain optional particulars should be opened provided that they fulfil equivalent conditions to those required from Member States. It is also the case of Annex XII, where the terminology should be in line with the list of protected designation of origin as listed in the Register. New provisions should also be introduced in order to gain precision in terms of labelling and presentation. () O] L 299, 16.11.2007, p. 1. () O] L 193, 24.7.2009, p. 60. (4)  Australia has requested to include new names of wine grape varieties in Annex XV, Part B to Regulation (EC) No 607/2009. The Commission, after having satis- factorily examined the request as regards the conditions laid down in Article 62(1)(b) and Article 62(4) of that Regulation, should include Australia in the column corresponding to the names of those wine grape varieties in that Annex. (5)  The Agreement between the European Community and the United States of America on trade in wine (%) contains a list of vine variety names that may be used as labelling particulars. Thus, United States should be included in Annex XV, Part B to Regulation (EC) No 607/2009, in the column corresponding to the names of those wine grape varieties. (6)  Regulation (EC) No 607/2009 should therefore be amended accordingly. (7 To avoid administrative burdens associated with certifi- cation costs, and trade difficulties, the amendments proposed by this Regulation should apply from the same date as Regulation (EC) No 607/2009, that is from 1 August 2009. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 607/2009 is amended as follows: 1. Article 18(1) is replaced by the following: ‘1. The “Register of protected designations of origin and protected geographical indications” maintained by the Commission as provided for in Article 118n of Council Regulation (EC) No 1234/2007 (¥), hereinafter referred to as “the Register”, is included in the electronic database “E- Bacchus”. (*) OJ L 299, 16.11.2007, p. 1. () O] L 87, 24.3.2006, p. 2.