The Wine (Amendment) Regulations 2021

The Wine Regulations 2011

3.  In the Wine Regulations 2011(1), in Part 3, after regulation 17 insert—

“Transitional provision: the Trade and Cooperation Agreement

17A.— (1) An authorised officer must not take any enforcement action under this Part, and an enforcement authority, and the Director of Public Prosecutions, must not prosecute an offence under regulation 14 (offences), in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1st May 2021) that is placed on the market in Great Britain—

(a) by a wholesaler or producer during the period beginning on 1st January 2022 and expiring on 1st May 2023;

(b) by a retailer on or after 1st January 2022.

(2) In this regulation—

(a) “enforcement action” means the service of a notice under regulation 10 (warning notices), 11 (enforcement notices) or 12 (prohibition notices);

(b) “enforcement authority” has the same meaning as in regulation 3(7);

(c) “EU Annex 15 wine” means wine—

(i) to which Article 5 (transitional measures) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and

(ii) that is imported into Great Britain from a member State;

(d) “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

(3) In this regulation, “placed on the market” is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.”.

(1)

S.I. 2011/2936; relevant amending instruments are S.I. 2012/2897, 2013/3235, 2019/524, 2020/639, 1636, 1637 (as amended by S.I. 2020/1661).