Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title

Article 122 U.K. Delegated powers

[F1 A1. This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).]

[F2 A2. This Article does not apply in relation to products marketed in Wales [F3 (see section 34(1) of the Agriculture (Wales) Act 2023)].]

[F4 A1A. This Article does not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).]

1. In order to take into account the specific characteristics of the wine sector, the [F5 appropriate authority in England, Wales or Scotland may make regulations] concerning rules and restrictions on:

(a) the presentation and use of labelling particulars other than those provided for in this Section;

(b) compulsory particulars concerning:

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

(ii)

terms referring to a holding and the conditions for their use;

(iii)

F6 ...

(iv)

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and

(v)

provisions on the use of languages;

(c) optional particulars concerning:

(i)

terms to be used to formulate the optional particulars and their conditions of use;

(ii)

F7 ...

(d) the presentation concerning:

(i)

the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

(ii)

the conditions of use of "sparkling wine"-type bottles and closures;

(iii)

F8 ...

(iv)

provisions on the use of languages.

2. In order to ensure the protection of the legitimate interests of operators, the [F9 appropriate authority in England, Wales or Scotland may make regulations] concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

F10 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. In order to take account of the specific characteristics in trade between the [F11 United Kingdom] and certain third countries, the [F12 appropriate authority in England, Wales or Scotland may make regulations] concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

Textual Amendments

F1 Art. 122(A1) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 14 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F2 Art. 122(A2) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 29 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F3 Words in Art. 122(A2) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 11 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

F4 Art. 122(A1A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(12) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)

F5 Words in Art. 122(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 122(1)(b)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 122(1)(c)(ii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 122(1)(d)(iii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 122(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 122(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 122(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(5)(d)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Pt. 2 Title 2 Ch. 1 Section 3 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)