PART IIINTERNAL MARKET
TITLE IIRULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS
CHAPTER IRules concerning marketing
Article 80Oenological practices and methods of analyses
1.
Only oenological practices authorised in accordance with Annex VIII and provided for in F1point (g) of Article 75(3) and in Article 83(2) and (3) F2and in Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files shall be used in the production and conservation of the products listed in Part II of Annex VII in F3Great Britain.
The first subparagraph shall not apply to:
(a)
grape juice and concentrated grape juice; and
(b)
grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VII shall be produced in F3Great Britain in accordance with the rules laid down in Annex VIII.
2.
Products listed in Part II of Annex VII shall not be marketed in F4Great Britain if:
F5(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
they have undergone unauthorised F6... oenological practices; or
(c)
they do not comply with the rules laid down in Annex VIII.
The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, F7and provided the relevant authorities in Wales and Scotland agree, the Secretary of State may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.
F82A.
The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.
3.
When authorising oenological practices for wine F9under paragraph 2A, the F10Secretary of State shall:
(a)
take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;
(b)
take into account the protection of human health;
(c)
take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
(d)
allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(e)
ensure an acceptable minimum level of environmental care;
(f)
respect the general rules concerning oenological practices and the rules laid down in Annex VIII.
4.
In order to ensure the correct treatment of unmarketable wine products, the F11Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the F12... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
5.
The F13Secretary of State may make regulations laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless F14the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. F15...
F166.
Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).
F177.
Paragraphs 3 to 5 do not apply in relation to products marketed in Wales F18(see section 34(1) of the Agriculture (Wales) Act 2023).
Article 80Oenological practices and methods of analyses
1.
Only oenological practices authorised in accordance with Annex VIII and provided for in F19... in Article 83(2) and (3) F20of this Regulation, Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, shall be used in the production and conservation of the products listed in Part II of Annex VII in F21Great Britain.
The first subparagraph shall not apply to:
(a)
grape juice and concentrated grape juice; and
(b)
grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VII shall be produced in F21Great Britain in accordance with the rules laid down in Annex VIII.
2.
Products listed in Part II of Annex VII shall not be marketed in F22Great Britain if:
F23(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
they have undergone unauthorised F24... oenological practices; or
(c)
they do not comply with the rules laid down in Annex VIII.
The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, F25and provided the relevant authorities in Wales and Scotland agree, the Secretary of State may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.
F262A.
The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.
3.
When authorising oenological practices for wine F27under paragraph 2A, the F28Secretary of State shall:
(a)
take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;
(b)
take into account the protection of human health;
(c)
take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
(d)
allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(e)
ensure an acceptable minimum level of environmental care;
(f)
respect the general rules concerning oenological practices and the rules laid down in Annex VIII.
4.
In order to ensure the correct treatment of unmarketable wine products, the F29Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the F30... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
5.
The F31Secretary of State may make regulations laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless F32the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. F33...
F346.
Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).
F356A.
Paragraphs 3 to 5 do not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).
F367.
Paragraphs 3 to 5 do not apply in relation to products marketed in Wales F18(see section 34(1) of the Agriculture (Wales) Act 2023).