Statutory Instruments
AGRICULTURE, ENGLAND
AGRICULTURE, NORTHERN IRELAND
Made
2nd March 2001
Laid before Parliament
6th March 2001
Coming into force
2nd April 2001
The Minister of Agriculture, Fisheries and Food, being a Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations—
Marginal Citations
M1S.I. 1972/1811; the continued power of the Minister to make Regulations for Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.
M21972 c. 68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51).
1. These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001, shall apply to England and to Northern Ireland, and shall come into force on 2nd April 2001.
2.—(1) In these Regulations, unless the context otherwise requires—
“analysis” includes microbiological assay and any technique for establishing the composition of food;
“appropriate enforcement authority”, in relation to any part of England or Northern Ireland, means an enforcement authority in relation to that part;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an appropriate enforcement authority or, in relation to any particular provision of these Regulations, any person who is authorised by an appropriate enforcement authority for the purposes of that provision;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 M3, of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 M4, and of the Kingdom of Sweden, the Republic of Austria and the Republic of Finland signed respectively at Stockholm, Vienna and Helsinki on 24th June 1994 M5, and where any such provision has been adapted by the European Economic Area Agreement, includes the adaptation to it effected thereby;
“controlled wine-sector product” means any wine-sector product the movement of which is for the time being prohibited pursuant to regulation 8;
“the Department” means the Department of Agriculture and Rural Development;
“enforcement authority” means—
in relation to any part of England and Northern Ireland, the Commissioners or the Wine Standards Board;
in relation to England, the Minister;
in relation to Northern Ireland, the Department;
in relation to the area of a local authority, the local authority;
“the European Economic Area Agreement” has the same meaning as has “the Agreement” in section 6(1) of the European Economic Area Act 1993 M6;
“examination” means microbiological examination;
“food analyst” and “food examiner” mean, in relation to England, a person who is a food analyst or a food examiner, as the case may be, for the purposes of section 30 of the Food Safety Act 1990 M7 and, in relation to Northern Ireland, a person who is a food analyst or a food examiner, as the case may be, for the purposes of articles 30 or 31 of the Food Safety (Northern Ireland) Order 1991 M8;
“local authority” means—
as respects England, an authority (other than the council of a non-metropolitan district) which is a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council;
“manufacturing” means using wine or other wine-sector products, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“quality wines psr” has the meaning assigned to it by Article 54 of Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine M9;
“relevant Community provision” means any Community provision referred to in column 1 or column 2 of Schedule 2 to these Regulations, the subject matter of which is described in column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“third country” means any country or territory not forming part of the United Kingdom;
“specified regions” means English Vineyards as defined in regulation 13;
“the Wine Standards Board” means the Wine Standards Board of The Vintners’ Company.
(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EC) No. 1493/1999 and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91, as amended, laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails M10.
(3) In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
(4) The Common Agricultural Policy (Wine) Regulations 1996 M11, the Common Agricultural Policy (Wine) (Amendment) Regulations 1997 M12, the Common Agricultural Policy (Wine) (Amendment) Regulations 1998 M13 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1999 M14 are hereby revoked in so far as they apply to England and to Northern Ireland.
(5) In the application of Part III of these Regulations, Schedule 3 (in so far as it relates to vine varieties for providing quality wines psr), and Schedules 4 and 5, that Part and those Schedules shall be read in relation to any wine produced—
(a)from grapes harvested before 1st September 1993, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1993 M15;
(b)from grapes harvested on or after 1st September 1993 and before 1st September 1994, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1994 M16;
(c)from grapes harvested on or after 1st September 1994 and before 1st September 1995, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1995 M17;
(d)from grapes harvested on or after 1st September 1995 and before 1st September 1999, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1996.
Marginal Citations
M3OJ No. L291, 19.11.79, p. 17.
M4OJ No. L302, 15.11.85, p. 23.
M5OJ No. C241, 29.8.94, p. 1; the amendments made by Council Decision No. 95/1 are not relevant to these Regulations.
M9OJ No. L179, 14.7.1999, p. 1.
M10OJ No. L149, 14.6.91, p. 1, as last amended by Regulation (EC) No. 2061/96 of the European Parliament and the Council (OJ No. L277, 30.10.96, p. 1).
M15S.I. 1993/517, amended by S.I. 1993/3071 and revoked by S.I. 1994/674.
M16S.I. 1994/674, revoked by S.I. 1995/615.
M17S.I. 1995/615, revoked by S.I. 1996/696.
3.—(1) Subject to the provisions of this regulation, the Department, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated as the authorities responsible for ensuring compliance with the Community provisions.
(2) Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.
(3) The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into England from a third country or from England to a third country.
(4) The Department, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into Northern Ireland from a third country or from Northern Ireland to a third country.
(5) The Wine Standards Board, and in England the Minister, and in Northern Ireland the Department, shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2), (3) or (4) above.
(6) Nothing in this regulation shall be taken as authorising the Wine Standards Board or the Commissioners to institute proceedings for an offence.
4. For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90, as amended, laying down detailed rules for the description and presentation of wines and grape musts M18, wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Marginal Citations
M18OJ No. L309, 8.11.90, p. 1, as last amended by Commission Regulation (EC) No. 2770/98 (OJ No. L346, 22.12.98, p. 25); the amendments are not relevant to Article 14(7)(b) of the Regulation.
5. For the purposes of Article 19(1) and (2) of Council Regulation (EC) No. 1493/1999 and Article 20 of Commission Regulation (EC) No. 1227/2000 laying down detailed rules for the application of Council Regulation 1493/1999 on the common organisation of the market in wine, as regards production potential M19, the vine varieties classified for the production of wine in England or in Northern Ireland are those specified in Schedule 3, amongst which those that are not permitted for the production of quality wines psr in the specified regions are indicated by an asterisk.
Marginal Citations
M19OJ No. L143, 16.6.2000, p. 1.
6.—(1) In pursuance of Article 51(3) of Council Regulation (EC) No. 1493/1999, the use of a geographical indication for the designation of table wine produced in any part of England or Northern Ireland is prohibited unless that table wine is produced—
(a)wholly from one or more of the varieties of vine specified in Schedule 3, and
(b)exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.
(2) Notwithstanding paragraph (1)(b) above, a geographical indication may be used to designate a table wine obtained by the coupage of wines as permitted by Article 51(2) of the said Council Regulation (EC) No. 1493/1999.
(3) In paragraph (1)(b) above, “geographical unit” means a precisely demarcated area which—
(a)is a part of England or Northern Ireland; and
(b)falls within the definition of a “geographical unit which is smaller than the Member State” in Article 51(1) of the said Council Regulation (EC) No. 1493/1999.
(4) Subject to point A, paragraph 2, of Annex VII to the said Council Regulation (EC) No. 1493/1999, no geographical indication other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of England or Northern Ireland.
7.—(1) An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996 has been committed.
(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed—
(a)inspect any materials or articles found in or on that land or vehicle;
(b)subject to paragraph (5) below, examine any register, record or appropriate document—
(i)which any person is required to keep under any relevant Community provision, or
(ii)which is in the possession or under the control of any person,
and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;
(c)subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;
(d)undertake an inventory of products and of anything which may be used in the preparation of products; and
(e)purchase or take samples of any product and of anything which may be used for the preparation of any product.
(3) An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.
(4) An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
(5) An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as—
(a)it is in England and comprises—
(i)an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984 M20,
(ii)excluded material within the meaning of section 11 of that Act, or
(iii)special procedure material within the meaning of section 14 of that Act, or
(b)it is in Northern Ireland and comprises—
(i)an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M21,
(ii)excluded material within the meaning of article 13 of that Order, or
(iii)special procedure material within the meaning of article 16 of that Order.
8.—(1) Where an authorised officer inspects any wine-sector product he may prohibit its being moved if he has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II, III, V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.
(2) An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing—
(a)specifying the wine-sector product in relation to which the power has been exercised;
(b)stating that the wine-sector product may not be moved without the written consent of an authorised officer;
(c)specifying the relevant Community provision in respect of which he has reason to believe that an offence has been, is being or is likely to be committed; and
(d)specifying whether he considers that it would be practicable for steps to be taken to persuade him that he no longer has reason for that belief and, if so, what those steps should be.
(3) Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board that notice shall also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.
(4) If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
(5) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
(6) An authorised officer who is satisfied that the steps specified in the notice under paragraph 2(d) above have been taken shall thereupon remove the prohibition on movement imposed pursuant to paragraph (1) above.
9.—(1) An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
(2) An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that—
(a)the wine-sector product will be moved to a place approved by an authorised officer; and
(b)the wine-sector product will not be moved from that place without the written consent of an authorised officer.
(3) A consent given by an authorised officer under this regulation shall—
(a)specify the wine-sector product to which it relates; and
(b)state that the wine-sector product continues to be controlled.
(4) An authorised officer of the Wine Standards Board who has been requested to give a consent under this regulation, and who refuses to do so, shall communicate that refusal in writing together with written notice of the right, conferred by regulation 10, to have that refusal reviewed, and an explanation as to how that right may be exercised and the effect of exercising that right.
10.—(1) This regulation applies where an authorised officer of the Wine Standards Board—
(a)has given to a person who appears to him to be in charge of a wine-sector product a notice under regulation 8(2); or
(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9.
(2) A person to whom the notice or refusal has been given may make a written request to the Chief Executive of the Wine Standards Board for him to review the giving of the notice or refusal.
(3) Where a request for the review of a notice or refusal is received by the Chief Executive of the Wine Standards Board he shall review the notice or refusal and communicate his decision on the review within fourteen days from his receipt of the request.
(4) Where a person is dissatisfied with the decision of the Chief Executive of the Wine Standards Board on a review, he may make a written request to the Chairman of the Wine Standards Board for a further review by the Wine Standards Board of the giving of the notice or refusal.
(5) On such a request the Wine Standards Board shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.
(6) The procedure and quorum for a meeting of the Wine Standards Board considering a request under this regulation shall be such as it determines.
11.—(1) An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if—
(a)in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it, and
(b)in relation to an act of a person accompanying him and acting under his instructions, he honestly believed that these Regulations empowered him to instruct that person to do it.
(2) A person accompanying an authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations, if—
(a)he did that act on the instructions of the authorised officer, and
(b)he honestly believed that these Regulations empowered the authorised officer to give him those instructions.
(3) Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
(4) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under these Regulations required or entitled him to do it.
12.—(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.
(3) Any certificate of the results of an analysis or examination, which, in the course of proceedings is transmitted by a food analyst or food examiner under this regulation, shall be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.
(4) In any proceedings under these Regulations, the transmission to the court under this regulation or production by one of the parties—
(a)of a document purporting to be a certificate given by a food analyst or food examiner; or
(b)of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.
13.—(1) Subject to paragraph (2) below, the specified regions in England and Northern Ireland for the purposes of point A of Annex VI to Council Regulation (EC) No. 1493/1999 are English Vineyards, comprising the areas of the regions described in Schedule 4.
(2) There shall be excluded from the areas described in Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
14. The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
15. Notwithstanding the provisions of point D, paragraph 1(b), of Annex VI to Council Regulation (EC) No. 1493/1999, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
16. For the purposes of point I, paragraph 1, of Annex VI to Council Regulation (EC) No. 1493/1999, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
17. For the purposes of point J, paragraph 1(a), of Annex VI to Council Regulation (EC) No. 1493/1999—
(a)the analytical test to establish whether any wine is eligible for designation as quality wine psr shall comprise a measurement of each of the factors specified in Schedule 5 in relation to that wine; and
(b)wine shall be so eligible only where it meets each standard specified in that Schedule.
18. For the purposes of Article 56 of Council Regulation (EC) No. 1493/1999, as read with Articles 10 and 12 of Commission Regulation (EC) No. 1607/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions M22, the Wine Standards Board is hereby designated as the competent body, referred to in those Articles, in England and Northern Ireland.
Marginal Citations
M22OJ No. L185, 25.7.2000, p. 17.
19.—(1) If any person contravenes, or fails to comply with, regulation 6 or any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding level 5 on the standard scale; or
(b)on conviction on indictment, to a fine.
(2) If any person—
(a)contravenes, or fails to comply with, any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts IV, VI, VII or VIII of Schedule 2, or
(b)discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
20.—(1) Any person who, knowing a wine-sector product to be a controlled wine-sector product—
(a)moves it, or
(b)causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
(2) Any person who, knowing a wine-sector product to be a controlled wine-sector product—
(a)removes from it, or
(b)causes to be removed from it,
a label which has been affixed under regulation 8(5) shall be guilty of an offence.
(3) Any person who fails to comply with an undertaking given by him for the purposes of regulation 9(2) shall be guilty of an offence.
(4) It shall be a defence for a person charged with any offence under this regulation to prove that—
(a)when the power conferred by regulation 8(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and
(b)there was a reasonable excuse for the act or omission in respect of which he is charged.
(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
21. Any person who—
(a)intentionally obstructs an authorised officer acting in the execution of these Regulations; or
(b)fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
22.—(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
23. In any proceedings for an offence under regulation 19 or 21(b) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
24. Where an offence under any of the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996 has been committed, it shall, notwithstanding the revocation of those Regulations, be punishable in accordance with the terms of those Regulations.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 2001
Regulation 2(1)
| Measures containing Community provisions | Official Journal of the European Communities: Reference |
|---|---|
1.Commission Regulation (EEC) No. 1135/70 on the notification of the planting and replanting of vines for the purpose of controlling the development of planting | OJ No. L134, 19.6.70, p.2 (OJ/SE 1970(II) p.379) |
2.Council Regulation (EEC) No. 357/79 on statistical surveys of areas under vines, as last amended by Council Regulation (EC) No. 2329/98 (OJ No. L291, 30.10.98, p.2) | OJ No. L54, 5.3.79, p.124 |
3.Act concerning conditions of accession of the Hellenic Republic and the adjustments to the Treaties amending various Regulations concerning wine as a result of the accession of Greece, signed on 28 May 1979 | OJ No. L291, 19.11.79, p.17 |
4.Commission Regulation (EEC) No. 3388/81 laying down special detailed rules in respect of import and export licences in the wine sector, as last amended by Commission Regulation (EC) No. 1351/97 (OJ No. L186, 16.7.97, p.5) | OJ No. L341, 28.11.81, p.19 |
5.Commission Regulation (EEC) No. 1907/85 on the list of vine varieties and regions providing imported wine for the making of sparkling wines in the Community | OJ No. L179, 11.7.85, p.21 |
6.Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, signed on 12 June 1985 | OJ No. L302, 15.11.85, p.23 |
7.Commission Regulation (EEC) No. 3590/85 on the certificate and analysis report required for the importation of wine, grape juice and grape must, as last amended by Commission Regulation (EC) No. 960/98 (OJ No. L135, 8.5.98, p.4) | OJ No. L343, 20.12.85, p.20 |
8.Council Regulation (EEC) No. 3805/85 adapting, on account of the accession of Spain and Portugal, certain Regulations relating to the wine sector | OJ No. L367, 31.12.85, p.39 |
9.Council Regulation (EEC) No. 2392/86 establishing a Community vineyard register, as last amended by Council Regulation (EC) No. 1631/98 (OJ No. L210, 28.7.98, p.14) M23 | OJ No. L208, 31.7.86, p.1 |
10.Commission Regulation (EEC) No. 649/87 laying down detailed rules for the establishment of a Community vineyard register, as amended by Commission Regulation (EEC) No. 1097/89 (OJ No. L116, 28.4.89, p.20) | OJ No. L62, 5.3.87, p.10 |
11.Commission Regulation (EEC) No. 2676/90 determining Community methods for the analysis of wines, as last amended by Commission Regulation (EC) No. 1622/2000 (OJ No. L194, 31.7.2000, p.1) | OJ No. L272, 3.10.90, p.1 |
12.Commission Regulation (EEC) No. 3201/90 laying down detailed rules for the description and presentation of wines and grape musts, as last amended by Commission Regulation (EC) No. 2770/98 (OJ No. L346, 22.12.98, p.25) | OJ No. L309, 8.11.90, p.1 |
13.Council Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails, as last amended by Regulation (EC) No. 2061/96 of the European Parliament and the Council (OJ No. L277, 30.10.96, p.1) | OJ No. L149, 14.6.91, p.1 |
14.Commission Regulation (EEC) No. 3901/91 laying down certain detailed rules on the description and presentation of special wines | OJ No. L368, 31.12.91, p.15 |
15.Commission Regulation (EEC) No. 2009/92 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails | OJ No. L203, 21.7.92, p.10 |
16.Council Decision 93/722/EC concerning the conclusion of an Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and control of wine names | OJ No. L337, 31.12.93, p.11 |
17.Council Decision 93/723/EC concerning the conclusion of an Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines | OJ No. L337, 31.12.93, p.83 |
18.Council Decision 93/726/EC concerning the conclusion of an Agreement between the European Community and Romania on the reciprocal protection and control of wine names | OJ No. L337, 31.12.93, p.177 |
19.Commission Regulation (EEC) No. 2238/93 on the accompanying documents for the carriage of wine products and the relevant records to be kept | OJ No. L200, 10.8.93, p.10; corrigendum at OJ No. L301, 8.12.93, p.29 |
20.Commission Regulation (EC) No. 122/94 laying down certain detailed rules for the application of Council Regulation (EEC) No. 1601/91 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails | OJ No. L21, 26.1.94, p.7 |
21.Council Decision 94/184/EC concerning the conclusion of an Agreement between the European Community and Australia on trade in wine | OJ No. L86, 31.3.94, p.1 |
22.Commission Regulation (EC) No. 554/95 laying down detailed rules for the description and presentation of sparkling and aerated sparkling wines, as amended by Commission Regulation (EC) No. 1915/96 (OJ No. L252, 4.10.96, p.10) | OJ No. L56, 14.3.95, p.3 |
23.Commission Regulation (EC) No. 1294/96 laying down detailed rules for the application of Council Regulation (EEC) No. 822/87 as regards harvest, production and stock declarations relating to wine-sector products, as corrected by Commission Regulation (EC) No. 2050/96 (OJ No. L274, 26.10.96, p.17), and as amended by Commission Regulation (EC) No. 225/97 (OJ No. L37, 7.2.97, p.1) | OJ No. L166, 5.7.96, p.14 |
24.Commission Regulation (EC) No. 881/98 laying down detailed rules for the protection of the additional terms used to designate certain types of quality wine produced in specified regions (quality wine psr), as last amended by Commission Regulation (EC) No. 1608/2000 (OJ No. L185, 25.7.2000, p.24) | OJ No. L124, 25.4.98, p.22 |
25.Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine | OJ No. L179, 14.7.1999, p.1 |
26.Commission Regulation (EC) No. 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, as regards production potential | OJ No. L143, 16.6.2000, p.1 |
27.Commission Regulation (EC) No. 1607/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions | OJ No. L185, 25.7.2000, p.17 |
28.Commission Regulation (EC) No. 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes | OJ No. L194, 31.7.2000, p.1 |
29.Commission Regulation (EC) No. 1623/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms | OJ No. L194, 31.7.2000, p.45 |
30.Commission Regulation (EC) No. 2729/2000 laying down detailed implementing rules on controls in the wine sector | OJ No. L316, 15.12.2000, p.16 |
Marginal Citations
M23See also the Agreement on the European Economic Area, Protocols 1 (OJ No. L1, 3.1.94, p. 37) and 47 (OJ No. LI, 3.1.94, p. 210).
Regulations 2(1), 8(1) and 19
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1493/1999: Articles 68(1) and 70 | Regulation 3590/85: Articles 3, 4 and 5; Regulation 2238/93: Articles 3(1), 3(2), 3(4), 4 (last subparagraph), 5, 6 (except 6(5) and 6(6)), 7(4), 7(5), 7(6), 8, 9, 10, 11(1), 11(3), 12, 13, 14, 15, 16 and 19 | Requirements relating to accompanying documents and records |
2.Regulation 1623/2000: Article 7(3)(a), (4), (5), (6) and (7) | Requirements relating to despatch of documents and keeping of stock accounts etc. by users of grape juice |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1493/1999: Articles 19(3), (4) and (5) and 42(5) and Annex VI, point B | Restrictions on the use of certain vine varieties | |
2.Regulation 1493/1999: Annex VI, point C | Provisions relating to wine-growing methods and to irrigation | |
3.Regulation 1493/1999: Annex VI, point D | Requirement for quality wine psr to be produced from specified vine varieties and in specified regions; requirements relating to separate wine-making processes and storage for quality wine psr | |
4.Regulation 1493/1999: Annex VI, point E | Minimum natural alcoholic strength for quality wine psr | |
5.Regulation 1493/1999: Annex VI, point F | Regulation 1607/2000: Article 3 and Annex I | Permitted vinification and manufacturing methods and enrichment methods; minimum total alcoholic strength of quality wine psr |
6.Regulation 1493/1999: Annex VI, point G | Conditions for acidification, de-acidification and sweetening of quality wine psr | |
7.Regulation 1493/1999: Annex VI, point H | Conditions for carrying out authorised processes | |
8.Regulation 1493/1999: Annex VI, point I | Prohibition of use of designation if the prescribed yield per hectare is exceeded | |
9.Regulation 1493/1999: Annex VI, point J | Requirement to submit quality wine psr to analytical and organoleptic tests | |
10.Regulation 1493/1999: Annex VI, point K | Regulation 1607/2000: Article 7 and Annex IV | Conditions applying to quality sparkling wine psr |
11.Regulation 1493/1999: Annex VI, point L | Act of Accession of the Kingdom of Spain and the Portuguese Republic: Article 129 Regulation 1607/2000: Articles 4, 5 and 6 and Annex II and Annex III | General provisions relating to the use of expressions and terms traditionally used by Member States to designate particular quality wines |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1493/1999: Articles 48 and 49 and Annex VII | Regulation 3201/90, as last amended by Regulation 2770/98: All Articles except 6(2), 11(1), 12(3), 15(6), 23, 24(1), 28 and 29 | General rules and particular requirements relating to the description, designation, presentation and protection of certain products other than sparkling wines |
2.Regulation 1493/1999: Articles 48 and 49 and Annex VIII | Regulation 554/95, as amended by Regulation 1915/96: All Articles except 1, 5, 7, 11 and 12 | General rules and particular requirements relating to the description, designation, presentation and protection of sparkling wines |
3.Regulation 1493/1999: Article 51 | General rules relating to the use of geographical indications for table wine | |
4.Regulation 1493/1999: Annex VIII, point G | Prohibition on the use of lead-based capsules or foils on sparkling wines or aerated sparkling wines |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1493/1999: Article 18 | Regulation 1294/96; as corrected by Regulation 2050/96 and as amended by Regulation 225/97: Articles 1, 2, 3(1), 3(4), 4, 6, 9, 11 | Harvest, production and stock declarations |
2.Regulation 1493/1999: Article 19(3) | Restrictions on the use of certain vine varieties | |
3.Regulation 1493/1999: Article 19(4) | Requirement to grub-up unclassified vine varieties |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 3590/85: Article 8(1) | Conditions for release for human consumption of products originating in third countries | |
2.Regulation 1493/1999: Article 27(1) and (2) | Prohibition of the over-pressing of grapes and the pressing of wine lees | |
3.Regulation 1493/1999: Articles 42(1), (2) and (3) and 43 and Annex IV and Annex V | Regulation 1622/2000: Article 5 and Annex IV Article 6 and Annex V Article 7 and Annex VI Articles 8 and 9 Article 10 and Annex VII Article 11 and Annex VIII Article 12 and Annex IX Articles 13, 14 and 15 Article 16 and Annex X Article 17 and Annex XI Article 18 | Authorised oenological practices and processes |
4.Regulation 1493/1999: Articles 42(3) and 67 | Regulation 1622/2000: Article 39 | Addition of water or alcohol |
5.Regulation 1493/1999: Article 42(5) | Regulation 1622/2000: Article 2 | Varieties of grapes to be used in winemaking |
6.Regulation 1493/1999: Articles 42(6) and 44(14) | Regulation 1622/2000: Articles 35 and 36 | Permitted methods for the production of wine by coupage |
7.Regulation 1493/1999: Article 44(1) | Regulation 1622/2000: Article 43 | Wine that may be offered or delivered for direct human consumption |
8.Regulation 1493/1999: Article 44(2)–(11) | Regulation 1622/2000: Article 3 | Restrictions relating to certain wines and other products originating in the Community |
9.Regulation 1493/1999: Article 44(12) | Restriction on turning certain products into wine or adding them to wine | |
10.Regulation 1493/1999: Article 44(12) and (13) | Restriction on the use of products originating in third countries | |
11.Regulation 1493/1999: Article 45(1) | General rules relating to offer or disposal of certain products for direct human consumption | |
12.Regulation 1493/1999: Article 46(3) | Regulation 2676/90; as last amended by Regulation 1622/2000 | Community methods for the analysis of wines |
13.Regulation 1493/1999: Annex IV | Regulation 1622/2000: Article 5 and Annex IV Article 43 | Restrictions relating to the use of oenological substances and requirements for the disposal of unfit wines |
14.Regulation 1493/1999: Annex V, point A | Regulation 1622/2000: Article 19 and Annex XII | Maximum permissible sulphur dioxide content of wine |
15.Regulation 1493/2000: Annex V, point B | Maximum permissible volatile acid content | |
16.Regulation 1493/1999: Annex V, points C and D | Regulation 1622/2000: Articles 22, 23, 25, 27, 28 and 29 | Conditions for increasing alcoholic strength |
17.Regulation 1493/1999: Annex V, point E; Annex VI, points G and H | Regulation 1622/2000: Articles 26, 27, 28 and 29 | Conditions for acidification and de-acidification of wine |
18.Regulation 1493/1999: Annex V, point F; Annex VI, points G and H | Regulation 1622/2000: Articles 30, 31 and 32 | Conditions for sweetening of wine |
19.Regulation 1493/1999: Annex V, point G | Regulation 1622/2000: Articles 25, 26, 28 and 29 | Conditions for carrying out authorised processes (including notification and keeping of register) |
20.Regulation 1493/1999: Annex V, points H and I; Annex VI, point K | Regulation 1622/2000: Article 3 Article 4 and Annex III Article 24 | Rules for the production and marketing of sparkling wines |
21.Regulation 1493/1999: Annex V, point J; Annex VI, point L | Regulation 1622/2000: Article 33 Article 37 and Annex XVII Article 38 and Annex XVIII | Rules for the preparation and marketing of liqueur wines produced in the Community |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1493/1999: Annex VII, point C, paragraph 1(a) | Use of the term “wine” | |
2.Regulation 1493/1999: Annex VII, point C, paragraph 1(b) | Use of the term “table wine” |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 2392/86: Article 3(2) | Regulation 649/87, as amended by Regulation 1097/89: Articles 3 and 3a | Establishment of a vineyard register |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 2729/2000: Articles 6, 7 and 19 | Regulation 2009/92 | Facilitation of controls by and powers of officials including analysis for Community purposes |
| (1) | (2) | (3) |
|---|---|---|
| Relevant Community provisions: principal provisions | Relevant Community provisions: detailed rules | Subject matter |
1.Regulation 1601/91: Article 4 as amended by Regulation 3279/92: Article 1 | Regulation 2009/92 Regulation 122/94: Articles 1 and 2 | General rules and particular requirements relating to the description, presentation and preparation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails |
2.Regulation 1601/91: Article 5 | Permitted oenological practices and processes | |
3.Regulation 1601/91: Article 6 | Restrictions on the use of descriptions | |
4.Regulation 1601/91: Article 7 | Restrictions on the description and sale of aromatized drinks | |
5.Regulation 1601/91: Article 8 | General rules relating to the labelling, presentation and advertising of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails | |
6.Regulation 1601/91: Article 10 | Supervision and protection of aromatized drinks originating in third countries | |
7.Regulation 1601/91: Article 11 | Export of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails |
Regulations 5 and 6(1)(a)
| Name of variety | Synonymous name | Grape colour |
|---|---|---|
| Auxerrois | White | |
| Bacchus | White | |
| *Cascade | Seibel 13/053 | Black |
| Chardonnay | White | |
| Chasselas | Gutedal | White |
| Dornfelder | Black | |
| Dunkelfelder | Black | |
| Ehrenfelser | White | |
| Faberrebe | White | |
| Findling | White | |
| Gutenborner | White | |
| Huxelrebe | White | |
| Kerner | White | |
| Kernling | White | |
| Kanzler | White | |
| *Léon Millot | Black | |
| Madeleine angevine 7672 | Madeleine angevine | White |
| Madeleine Royale | White | |
| Madeleine sylvaner III 28/51 | Madeleine sylvaner | White |
| Mariensteiner | White | |
| Müller-Thurgau | Rivaner | White |
| Optima | White | |
| *Orion | White | |
| Ortega | White | |
| *Perle of Alzey | Perle | White |
| *Phoenix | White | |
| Pinot blanc | Weissburgunder | White |
| Pinot meunier | Wrotham pinot | Black |
| Pinot noir | Spatburgunder | Black |
| Red Elbling | Black | |
| *Regent | Black | |
| Regner | White | |
| Reichensteiner | White | |
| Riesling | White | |
| *Rondo (GM 6494/5) | GM 6494/5 | Black |
| Ruländer | Pinot gris | White |
| Scheurebe | White | |
| Schönburger | White | |
| Senator | White | |
| *Seyval blanc | Seyve-Villard 5/276 | White |
| Siegerrebe | White | |
| *Triomphe | Black | |
| White Elbling | White | |
| Würzer | White | |
| Zweigeltrebe | Blauer Zweigeltrebe | Black |
NOTE: An asterisk (*) before the name of a variety denotes that this is an interspecific cross or hybrid vine variety, which is not permitted to be used for the production of quality wines psr.
Regulation 13
(SPECIFIED REGION OF ENGLISH VINEYARDS)
The areas comprised in the Lordships Lieutenant of—
Bedfordshire
Berkshire
Bristol
Buckinghamshire
Cambridgeshire
Cheshire
Cornwall
Cumbria
Derbyshire
Devon
Dorset
Durham
East Riding of Yorkshire
East Sussex
Essex
Gloucestershire
Greater London
Greater Manchester
Hampshire
Herefordshire
Hertfordshire
Isle of Wight
Kent
Lancashire
Leicestershire
Lincolnshire
Merseyside
Norfolk
Northamptonshire
Northumberland
North Yorkshire
Nottinghamshire
Oxfordshire
Rutland
Shropshire
Somerset
South Yorkshire
Staffordshire
Suffolk
Surrey
Tyne and Wear
Warwickshire
West Midlands
West Sussex
West Yorkshire
Wiltshire
Worcestershire
Regulation 17
The analytical test to which any wine in respect of which its producer has requested the designation “quality wine psr” shall (subject to numbered paragraph 5 below) comprise measurement of each factor specified in the heading to a numbered paragraph of this Schedule, and the standard (if any) required to be met in relation to that factor in order for the wine to be so designated is that specified in the remainder of that paragraph.
1. A minimum of 5.5% alcoholic strength for wines having a natural alcoholic strength of not less than 10%.
A minimum of 8.5% alcoholic strength for other wines.
2. A minimum of 15 g/l.
3. No standard required to be met.
4. A minimum of 5 g/l expressed as tartaric acid.
5. A maximum volatile acid content as described in point B, paragraph 1(a), (b) or (c), of Annex V to Regulation 1493/1999, as read with Article 20 of, and Annex XIII to, Regulation 1622/2000.
6. No standard required to be met.
7. Where effective oenological techniques are used to ensure the stability of the wine, no minimum, and otherwise 15 mg/l.
A maximum of 45 mg/l for dry wines as defined in Article 14(7) of Commission Regulation (EEC) No. 3201/90, as amended.
A maximum of 60 mg/l for other wines.
8. A maximum as defined in point A, paragraphs 1 and 2(a) and (b), of Annex V to Regulation 1493/1999.
9. A maximum of 0.5 mg/l.
10. A maximum of 8 mg/l.
11. There must be no indication of yeasts or bacteria liable to cause spoilage of the wine.
12. The wine must remain unchanged in appearance after being held at 70°C for 15 minutes and subsequently cooled to 20°C.
(This note is not part of the Regulations)
These Regulations, which apply to England and Northern Ireland and come into force on 2nd April 2001, provide for the enforcement of EC Regulations (as specified in Schedules 1 and 2) concerned with the production and marketing of wine and related products.
The Regulations—
(i) designate authorities for the purposes of enforcement (regulation 3);E+W+N.I.
(ii) define “medium dry” for the purposes of labelling and description (regulation 4);E+W+N.I.
(iii) specify the vine varieties classified for the production of wine (including quality wine psr) in England and Northern Ireland (regulation 5);E+W+N.I.
(iv) specify conditions for the use of geographical indications for the designation of table wine (regulation 6);E+W+N.I.
(v) provide for powers of inspection and enforcement (regulation 7);E+W+N.I.
(vi) authorise controls on the movement of wine-sector products (regulations 8 and 9);E+W+N.I.
(vii) provide for reviews of prohibitions etc. on movement of wine-sector products and notification of rights of review (regulations 8(3) and 10);E+W+N.I.
(viii) relieve authorised officers of personal liability for acts done by them in execution of the Regulations (regulation 11);E+W+N.I.
(ix) confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 12);E+W+N.I.
(x) specify the regions in England and Northern Ireland for producing quality wines psr (regulation 13);E+W+N.I.
(xi) specify the minimum natural alcoholic strength, maximum yield per hectare and analytical test in the production of quality wine psr and permit the production of such wine in areas of immediate proximity to the specified regions and designate the competent body to deal with such wine (regulations 14 to 18); andE+W+N.I.
(xii) prescribe offences and penalties and provide defences (regulations 19 to 24).E+W+N.I.
No Regulatory Impact Assessment has been prepared in respect of these Regulations.