1. These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004 and shall come into force on 29th April 2004.
2. The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 M1 shall be amended—
(a)in regulation 2(1)—
(i)by substituting for the definition of “Community provision” the following definition—
““Community provision” means any provision of the Regulations and Decisions of the European Communities which are listed in Schedule 1 including any amendments made to any of those provisions by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M2 signed on 16th April 2003;”; and
(ii)by inserting, in its appropriate alphabetical place, the following definition—
““Council Regulation (EC) No. 1493/1999” means Council Regulation (EC) No. 1493/1999 M3 on the common organisation of the market in wine as last amended by Council Regulation (EC) No. 2585/2001 M4;”;
(b)by substituting for regulation 6, the following regulations—
5A.—(1) In pursuance of Article 51(3) of Council Regulation (EC) No. 1493/1999, the use of a geographical indication for the designation of a table wine produced in any part of England or Northern Ireland is prohibited unless the wine comes from a batch of wine—
(a)for which the maximum yield for each hectare of land cultivated with vines for producing the wine was 100 hectolitres;
(b)that has been produced wholly from one or more of the varieties of vine specified in Schedule 3;
(c)that has been produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine;
(d)that has a minimum natural alcoholic strength of 6%;
(e)that has a minimum acidity of 4 g/l;
(f)for which a certificate has been issued by the producer of the wine certifying that, in accordance with the provisions of Schedule 6, analytical tests of the wine in that batch have been carried out in respect of the factors specified in that Schedule, and it has been found to satisfy the standards specified in that Schedule; and
(g)that has been found to be of a satisfactory organoleptic standard for a regional wine in accordance with paragraph (3).
(2) Notwithstanding paragraph (1)(c) 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 Council Regulation (EC) No. 1493/1999.
(3) For the purposes of paragraph (1)(g), a wine shall be regarded as being of a satisfactory organoleptic standard for a regional wine if—
(a)a certificate has been issued by a recognised organoleptic assessment panel certifying that it has carried out an organoleptic assessment of the wine and has found it to be of a satisfactory organoleptic standard for a regional wine, or
(b)the wine has been highly commended or awarded a bronze, silver or gold award at a competition—
(i)authorised by the Secretary of State and notified to the Commission pursuant to Article 21 of Commission Regulation (EC) No. 753/2002 M5 laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as last amended by Commission Regulation (EC) No. 316/2004 M6, and
(ii)run with complete impartiality.
(4) Subject to point A, paragraph 2, of Annex VII to Council Regulation (EC) No. 1493/1999, no geographical indication other than the name of a geographical unit shall be used on the labelling or advertising of a table wine produced in any part of England or Northern Ireland.
(5) For the purposes of this regulation, “geographical unit” means any of the geographical units to which Schedule 7 applies.
(6) In this regulation and regulation 6—
“accredited organiser” means a person accredited by the Secretary of State as specified in regulation 6(2); and
“organoleptic assessment panel” means a panel appointed to carry out an organoleptic assessment of wine submitted to it to determine whether such wine is of a satisfactory organoleptic standard for a regional wine, and “recognised organoleptic assessment panel” means an organoleptic assessment panel appointed by an accredited organiser which carries out assessments and issues certificates in accordance with the accreditation.
6.—(1) An application for accreditation as an organiser of an organoleptic assessment panel shall be made to the Secretary and State and shall specify—
(a)the criteria the applicant will use in selecting panel members;
(b)the method of organoleptic assessment that a panel appointed by him will be required to use to determine whether wine submitted to it is of a satisfactory standard for regional wine; and
(c)the basis on which a determination will be made by the panel as to whether the wine is of a satisfactory organoleptic standard for a regional wine.
(2) The Secretary of State shall—
(a)grant accreditation to the applicant as an organiser of an organoleptic assessment panel if she is satisfied that—
(i)the applicant is a fit and proper person to appoint such a panel;
(ii)the criteria that the applicant will use in selecting panel members will result in persons with a wide variety of interests in wine and the wine industry (which may include consumers of wine) being selected as members of the panel;
(iii)the method of organoleptic assessment that the panel will use is a satisfactory method of assessment for determining whether wine is of a satisfactory standard for a regional wine; and
(iv)the basis on which a determination will be made by a panel as to whether the wine is of a satisfactory organoleptic standard for a regional wine is a satisfactory basis for making such a determination, and
(b)in any other case refuse the application.
(3) The Secretary of State shall notify the applicant of her decision under paragraph (2) within fourteen days of reaching a decision.
(4) Where the decision notified under paragraph (3) is a decision to refuse accreditation, the notification shall include the reason for that decision.
(5) Subject to paragraph (7), where accreditation is granted under paragraph (2), it shall remain in force for such period as may be specified by the Secretary of State in the accreditation.
(6) An accredited organiser shall select panel members in accordance with the criteria specified in his application and shall require any panel appointed by him to use the method of assessment specified in that application and to make determinations as to whether the wine has been found to be of a satisfactory standard for a regional wine on the basis specified in that application.
(7) The Secretary of State may cancel the accreditation of an organiser of an organoleptical assessment panel where it appears to her that the person who is accredited is not a fit and proper person to organise such a panel or has failed to comply with the requirements of paragraph (6).
(8) Where the Secretary of State in accordance with paragraph (7) cancels an accreditation, she shall serve on the organiser concerned notice of—
(a)her decision;
(b)the reason for the decision; and
(c)the date when the cancellation will take effect.
(9) The accreditation of an organiser of an organoleptic assessment panel shall be deemed to be cancelled in a case where the person who is accredited requests that his accreditation should be cancelled and such cancellation shall take effect from the date of cancellation specified by that person.”;
(c)in regulation 16 (maximum yield), by substituting for the number “100” the number “80”;
(d)in regulation 19(1) (offences and penalties), by substituting for “ regulation 6 ” the words “regulation 5A”;
(e)by substituting for Schedule 1, the Schedule set out in Schedule 1 to these Regulations;
(f)by substituting for items 1 and 2 of the table set out in Part III of Schedule 2, the items set out in Schedule 2 to these Regulations;
(g)in column (1) of Schedule 3, by deleting the asterisk before the name of the “Perle of Alzey” vine variety; and
(h)by adding after Schedule 5, the Schedules set out in Schedule 3 to these Regulations.
Marginal Citations
M1S.I. 2001/686, amended by S.I. 2003/114.
M2OJ No. L 236, 23.9.2003, p. 33.
M3OJ No. L 179, 14.7.1999, p. 1.
M4OJ No. L 345, 29.12.2001, p. 10.
M5OJ No. L 118, 4.5.2002, p. 1.
M6OJ No. L 55, 24.2.2004, p. 16.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
2nd April 2004