The Common Agricultural Policy (Wine) Regulations 1990

Interpretation and revocation

2.—(1) In these Regulations, unless the context otherwise requires–

“authorised officer” means an officer authorised for the purposes of these Regulations by an enforcement authority;

“the Commissioners” means the Commissioners of Customs and Excise;

“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979(1) and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985(2);

“controlled wine-sector product” means any wine-sector product whose movement has been prohibited pursuant to regulation 8 of these Regulations;

“enforcement authority” means–

(a)

in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;

(b)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(c)

in relation to Scotland or Wales, the Secretary of State;

(d)

in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland;

(e)

in relation to the area of a local authority, the local authority.

“establishment” has the same meaning as in Article 1(3) of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts(3);

“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts;

“local authority” means–

(i)

as respects England and Wales, a food and drugs authority for the purposes of the Food Act 1984(4);

(ii)

as respects Scotland, an islands or district council which is the enforcement authority for the purposes of the Food and Drugs (Scotland) Act 1956(5);

(iii)

as respects Northern Ireland, a district council for the purposes of Article 34 of the Food (Northern Ireland) Order 1989(6);

“manufacturing” means using wine, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;

“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland;

“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;

“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;

“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company.

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No 2048/89 laying down general rules on controls in the wine sector(7).

(3) The Common Agricultural Policy (Wine) Regulations 1987(8) are hereby revoked.

(1)

OJ No L291, 19.11.79, p. 17.

(2)

OJ No L302, 15.11.85, p. 23.

(3)

OJ No L232, 9.8.89, p. 13.

(4)

1984 c. 30.

(5)

1956 c. 30.

(6)

S.I. 1989/846 (N.I. 6).

(7)

OJ No L202, 14.7.89, p. 32.

(8)

S.I. 1987/1843. 2