The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Common Agricultural Policy (Wine) (Scotland) Regulations 2002 S.S.I. 2002/325 as amended by S.S.I. 2003/164 and S.S.I. 2004/272 (“the principal Regulations”), which provide for the enfo rcement of European Community Regulations and Decisions concerned with the production and marketing of wine and related products.

These Regulations amend the principal Regulations as follows–

(a) in regulation 2 (interpretation)–

(i) by replacing the definition of “the Commissioners” following the vesting of functions previously exerciseable by the Commissioners of Customs and Excise in the Commissioners for Revenue and Customs (regulation 3(1)(b));

(ii) by deleting the definition of the Wine Standards Board and inserting a definition of the Food Standards Agency (regulation 3(1)(a) and 3(1)(d)(v)) and by updating the definition of “enforcement authority” to include the Food Standards Agency in place of the Wine Standards Board (regulation 3(1)(c)), thereby making the Fo od Standards Agency responsible for the enforcement functions under the principal Regulations that were previously the responsibility of the Wine Standards Board;

(iii) by deleting certain definitions which are now obsolete due to the repeal of the European Community provision in question (regulation 3(1)(d)(i) to (iv));

(iv) by updating certain definitions of European Community legislation (regulation 3(1)(e) to (h) and 3(2));

(b) in regulation 3 (official functions and enforcement), regulation 6B (enrichment), regulation 8 (control on movement) and regulation 11 (review of prohibitions etc. on movement of wine-sector products by enforcement authorities other than the Wine Standards Board) by replacing references to the Wine Standards Board with references to the Food Standards Agency (regulations 4, 6, 7 and 9);

(c) in regulation 4 by updating the reference to the relevant Commission Regulation (regulation 5);

(d) regulation 10 (review of prohibitions etc. on movement of wine-sector products by Wine Standards Board) is replaced p utting in place a different procedure for the review of prohibitions etc. on the movement of wine-sector products (regulation 8);

(e) in Schedule 2 (definition of Commission Regulation 2676/90), Schedule 4 (definition of Commission Regulation 1622/2000) and Schedule 5 (definition of Commission Regulation 1623/2000), by updating the definitions of those Commission Regulations (regulations 10, 11 and 12);

(f) Schedule 6 (Community Provisions) is replaced by a new Schedule 6 updating references to European Community legislation (regulation 13);

(g) in Schedule 7 (definition of Council Regulation 357/79) and Schedule 8 (definition of Council Regulation 1493/1999) by updating the definitions of those Council Regulations (regulations 14 and 15);

(h) in Schedule 10 (vine varieties classified for the production of wine in Scotland) by adding Gamay and Gewurztraminer to the list of vine varieties that may be used in the production of wines in Scotland (regulation 16);

(i) by inserting after Schedule 10 (vine varieties classified for the production of wine in Scotland) a new Schedule 11 (definition of Commission Regulation 883/2001) and a new Schedule 12 (definition of Commission Regulation 753/2002) to provide the definitions of those Commission Regulations and a new Schedule 13 (definiti on of Commission Regulation 1227/2000) to provide an updated definition of that Commission Regulation (regulation 17).

These Regulations also contain transitional provisions (regulation 18).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.