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Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
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Changes over time for: Article 80
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Regulation (EU) No 1308/2013 of the European Parliament and of the Council, Article 80 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 80:
- Art. 75(A3) inserted by 2020 c. 21 Sch. 7 para. 38
- Art. 78(8) inserted by 2020 c. 21 Sch. 7 para. 39
- Art. 80(8) inserted by 2020 c. 21 Sch. 7 para. 40
- Art. 122(A3) inserted by 2020 c. 21 Sch. 7 para. 44
- Art. 219(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 220(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 221(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 222(A2) inserted by 2020 c. 21 Sch. 7 para. 2
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 75(A3) inserted by 2020 c. 21 Sch. 7 para. 38
- Art. 78(8) inserted by 2020 c. 21 Sch. 7 para. 39
- Art. 80(8) inserted by 2020 c. 21 Sch. 7 para. 40
- Art. 122(A3) inserted by 2020 c. 21 Sch. 7 para. 44
- Art. 219(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 220(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 221(A2) inserted by 2020 c. 21 Sch. 7 para. 2
- Art. 222(A2) inserted by 2020 c. 21 Sch. 7 para. 2
Article 80E+W+N.I.Oenological 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)].]
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Words in Art. 80(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(a); and words in Art. 80(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(a)
F2Words in Art. 80(1) inserted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(b); and words in Art. 80(1) inserted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(b)
F3Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)
F9Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)
F10Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F16Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)
F17Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)
F18Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)
Modifications etc. (not altering text)
C1Pt. 2 Title 2 Ch. 1 Section 1 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)
Article 80SOenological 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)].]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F18Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)
F19Words in Art. 80(1) omitted (S.) (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(6)(a)
F20Words in Art. 80(1) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 6(6)(b)
F21Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F23Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F24Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F26Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)
F27Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)
F28Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F30Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F31Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F32Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F33Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F34Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)
F35Art. 80(6A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(8) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)
F36Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)
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