PART 1Introduction
Title, commencement and extentE11
1
These Regulations may be cited as the Wine Regulations 2011.
2
They come into force on 30th December 2011.
3
In regulation 19, an amendment of an enactment has the same extent as that enactment F41...
F394
All the other provisions extend to Great Britain.
Title, commencement and extentE21
1
These Regulations may be cited as the Wine Regulations 2011.
2
They come into force on 30th December 2011.
3
In regulation 19, an amendment of an enactment has the same extent as that enactment F41...
F404
All the other provisions extend to Northern Ireland.
InterpretationE32
1
In these Regulations—
a
references to F47any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2) are references to those instruments as amended from time to time;
b
terms used in the F108retained EU Regulations have the same meaning as in those Regulations.
2
In these Regulations—
F26“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);
F13“the Agency” means—
- a
in relation to England F48and Wales, the Food Standards Agency; or
- b
in relation to Scotland, Food Standards Scotland,
- a
“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,
F50premises” includes any land or vehicle;
F12“the F108retained EU Regulations” means—
- a
F23...
- b
the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),
- c
Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,
- d
Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products8,
- e
Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information9 (“Commission Regulation (EU) 2018/273”),
- f
Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks10 (“Commission Implementing Regulation (EU) 2018/274”),
- g
Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation11,
- h
Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;
- i
F24Commission 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;
- j
Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;
- a
F49... and
“wine sector product” means a product mentioned in F3Part II of Annex VII to Regulation (EU) 2013.
InterpretationE42
1
In these Regulations—
a
references to EU instruments are references to those instruments as amended from time to time;
b
terms used in the European Regulations have the same meaning as in those Regulations.
2
In these Regulations—
F42“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);
F51“the Agency” means the Food Standards Agency;
“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,
F43“the European Regulations” means—
- a
F46...
- b
the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),
- c
Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,
- d
Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products,
- e
Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information (“Commission Regulation (EU) 2018/273”),
- f
Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks (“Commission Implementing Regulation (EU) 2018/274”),
- g
Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation,
- h
Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;
- i
F44Commission 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;
- j
Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;
- a
“premises” includes any land or vehicle; and
“wine sector product” means a product mentioned in F45Part II of Annex VII to Regulation (EU) 2013.
Official functions and enforcementE53
F541
The local authority enforces the retained EU Regulations and the 1416/2006 prohibition in relation to retail sale.
2
The Secretary of State, general customs officials and the F14... Agency enforce them in relation to import and export.
3
In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.
F554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
6
In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.
7
Each of these is referred to as “an enforcement authority”.
F638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
9
Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.
F5610
In this regulation—
a
“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;
b
“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990.
Official functions and enforcementE63
F571
The local authority enforces the European Regulations and the 1416/2006 prohibition in relation to retail sale.
2
F593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F604
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Otherwise the F53... Agency or the Secretary of State enforce these Regulations and the European Regulations.
F616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Each of these is referred to as “an enforcement authority”.
F628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F649
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6510
In this regulation—
a
“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;
b
“local authority” means a district council within the meaning of the Interpretation Act (Northern Ireland) 1954.
The competent authorityE74
1
2
But—
a
the F16... Agency is the competent authority for the purposes of—
i
F19iii
Article 12 of Commission Implementing Regulation (EU) 2018/274; and
F17iv
Article 19 of Commission Regulation (EU) 2018/273.
F76b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In relation to Scotland——
a
the reference in paragraph (1) to “The Secretary of State” is to be read, in relation to the competent authority, as a reference to “The Scottish Ministers”; and
F77b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The competent authorityE84
1
2
But—
a
the F71... Agency is the competent authority for the purposes of—
i
the reception of any information or declarations that must be submitted to the competent authority or Member State under the European Regulations,
F68iii
Article 12 of Commission Implementing Regulation (EU) 2018/274; and
F69iv
Article 19 of Commission Regulation (EU) 2018/273.
b
the Commissioners for Her Majesty’s Revenue and Customs are the competent authority for the purposes of F70Article 19 of Commission Implementing Regulation (EU) 2018/274.
F803
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2Vineyard F10information, protected geographical indications and protected designations of origin
F11Information to be provided about the vineyardF115
1
A person who plants vines of more than 0.1 hectare, or who has increased an existing plantation of vines to one of more than 0.1 hectare, must notify the Agency of the location of the vineyard and the variety or varieties of grape vine planted.
2
The notification required by paragraph (1) must be given within 6 months of the date of the event which triggered that requirement.
F38Protected geographical indications and protected designations of origin6
1
Schedule 1 (protected geographical indications) has effect.
2
Schedule 2 (protected designations of origin) has effect.
PART 3Enforcement
F25The 1416/2006 prohibition6A
1
In these Regulations, “the 1416/2006 prohibition” means the prohibition contained in the first sentence of Article 1 of Regulation (EC) No 1416/2006 (prohibiting the use of a US name of origin listed in the Annex to that Regulation for a wine unless it is used to designate a wine of the origin indicated by such name) as read with paragraph (2).
2
The prohibition referred to in paragraph (1) does not apply in relation to the use of a US name of origin listed in the Annex to Regulation (EC) No 1416/2006 for a wine where—
a
the name of origin used for the wine is homonymous with the US name of origin, the wine originates from the place with the homonymous name and the name is used in such a way that consumers will not be misled, or
b
the name is used in the course of trade by the person under whose name the wine is produced and marketed and the US name of origin is the same as the name of that person or a predecessor of that person in business and is used in such a way that consumers will not be misled.
3
In this regulation, “Regulation (EC) No 1416/2006” means Commission Regulation (EC) No 1416/2006 laying down specific rules on the implementation of Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine concerning the protection of US names of origin in the Community.
Disclosure of informationE137
1
2
Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
Disclosure of informationE177
1
The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Secretary of State or the F94... Agency for the purposes of the European Regulations or these Regulations.
2
Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
Powers of authorised officersE98
1
An authorised officer may, on producing a duly authenticated authorisation if required, at any reasonable time enter any premises (except those used wholly or mainly as a private dwellinghouse) for the purpose of executing or enforcing the F108retained EU RegulationsF28, the 1416/2006 prohibition or these Regulations.
2
An authorised officer who has entered premises, whether under paragraph (1) or under the authority of a warrant under regulation 9, may—
a
inspect any materials or articles;
b
have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;
c
have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any person to afford such assistance as may reasonably be required (including the provision of passwords), and may require any computer records to be produced in a form in which they may be taken away;
d
seize and retain anything required as evidence in proceedings under these Regulations;
e
undertake an inventory of wine sector products and of anything which may be used in the preparation of wine sector products; and
f
purchase or take samples of any wine sector product and of anything which may be used in the preparation of wine sector products.
3
An authorised officer who has procured a sample of any wine sector product or of anything which may be used in the preparation of such a product may analyse or examine that sample or have that sample analysed or examined.
F824
An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.
Powers of authorised officersE108
1
An authorised officer may, on producing a duly authenticated authorisation if required, at any reasonable time enter any premises (except those used wholly or mainly as a private dwellinghouse) for the purpose of executing or enforcing the European RegulationsF81, the 1416/2006 prohibition or these Regulations.
2
An authorised officer who has entered premises, whether under paragraph (1) or under the authority of a warrant under regulation 9, may—
a
inspect any materials or articles;
b
have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;
c
have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any person to afford such assistance as may reasonably be required (including the provision of passwords), and may require any computer records to be produced in a form in which they may be taken away;
d
seize and retain anything required as evidence in proceedings under these Regulations;
e
undertake an inventory of wine sector products and of anything which may be used in the preparation of wine sector products; and
f
purchase or take samples of any wine sector product and of anything which may be used in the preparation of wine sector products.
3
An authorised officer who has procured a sample of any wine sector product or of anything which may be used in the preparation of such a product may analyse or examine that sample or have that sample analysed or examined.
F834
An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.
WarrantE119
1
If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, F86... is satisfied—
a
b
that any of the conditions in paragraph (2) are met,
the justice may by signed warrant authorise F2an authorised officer to enter the premises, if need be by reasonable force.
2
The conditions are that—
a
admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
b
asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
c
entry is required urgently; or
d
the premises are unoccupied or the occupier is temporarily absent.
3
A warrant is valid for three months.
4
An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
F875
In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.
WarrantE129
1
If a F88lay magistrate on a sworn complaint in writing, is satisfied—
a
that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the European RegulationsF84, the 1416/2006 prohibition or these Regulations; and
b
that any of the conditions in paragraph (2) are met,
the F89magistrate may by signed warrant authorise F85an authorised officer to enter the premises, if need be by reasonable force.
2
The conditions are that—
a
admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
b
asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
c
entry is required urgently; or
d
the premises are unoccupied or the occupier is temporarily absent.
3
A warrant is valid for three months.
4
An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
F905
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Warning noticesE1410
1
2
A warning notice must—
a
b
notify the person that any future breach of that provision by them may render the person liable to prosecution; and
c
give details of the right of appeal against the notice.
Warning noticesE1810
1
An authorised officer who believes that a person has contravened any provision of the European RegulationsF95or the 1416/2006 prohibition may serve a notice under this regulation on the person (a “warning notice”).
2
A warning notice must—
a
state the provision of the European Regulations that the officer believes has been breached F96or, if relevant, state that the officer believes that the 1416/2006 prohibition has been contravened;
b
notify the person that any future breach of that provision by them may render the person liable to prosecution; and
c
give details of the right of appeal against the notice.
Enforcement noticesE1511
1
An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.
2
An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person—
b
F34c
has contravened the 1416/2006 prohibition.
3
An enforcement notice must—
a
state that the officer is of that opinion;
b
specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
c
specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;
d
specify the period within which those steps must be taken; and
e
give details of the right of appeal against the notice.
Enforcement noticesE1911
1
An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.
2
An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person—
b
has contravened, is contravening or is likely to contravene any provision of the European RegulationsF97; or
F98c
has contravened the 1416/2006 prohibition.
3
An enforcement notice must—
a
state that the officer is of that opinion;
b
specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
c
specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;
d
specify the period within which those steps must be taken; and
e
give details of the right of appeal against the notice.
Prohibition noticesE1612
1
A prohibition notice is a notice prohibiting the movement, marketing or export of a wine sector product.
2
An authorised officer may serve a prohibition notice on a person who appears to be in control of a wine sector product if the officer is of the opinion that there has been or may have been a contravention of any provision of the F108retained EU RegulationsF35or the 1416/2006 prohibition in relation to the product.
3
A prohibition notice must give details of the right of appeal against the notice.
4
The officer may mark any wine sector product or container in relation to which a prohibition notice has been served (and remove or alter any such mark).
Prohibition noticesE2012
1
A prohibition notice is a notice prohibiting the movement, marketing or export of a wine sector product.
2
An authorised officer may serve a prohibition notice on a person who appears to be in control of a wine sector product if the officer is of the opinion that there has been or may have been a contravention of any provision of the European RegulationsF100or the 1416/2006 prohibition in relation to the product.
3
A prohibition notice must give details of the right of appeal against the notice.
4
The officer may mark any wine sector product or container in relation to which a prohibition notice has been served (and remove or alter any such mark).
Appeals against notices etc.13
1
A person who is aggrieved by a notice served under these Regulations may appeal against it.
2
The right of appeal is to a person nominated by the F21... Agency.
3
An appeal must be brought within the period of 28 days beginning with the date on which the notice is served.
4
A notice is not suspended pending an appeal unless the person nominated under paragraph (2) decides otherwise.
5
The person hearing the appeal may either cancel or confirm the notice, with or without modification.
6
A notice must be in writing.
7
An authorised officer may at any time withdraw or vary a notice in writing.
8
A person on whom an enforcement notice or a prohibition notice is served must comply with it at their own expense.
OffencesE2214
1
A person who breaches any of the following provisions of the F108retained EU Regulations is guilty of an offence—
a
F5Article 103(2) of Regulation (EU) 2013 (which provides protection for protected designations of origin and protected geographical indications and the wines using those protected names in conformity with the product specification);
b
c
F7Article 80(1), third sub-paragraph, of Regulation (EU) 2013 (which requires that wine sector products are produced and conserved in accordance with EU laws);
d
F8Article 90(2) of Regulation (EU) 2013 (which concerns the production requirements for wine imported into the EU);
F22e
Article 29 of Commission Regulation (EU) 2018/273 (which requires operations to be recorded in the register).
F361A
Any person who contravenes the 1416/2006 prohibition is guilty of an offence.
2
It is an offence for a person to—
a
fail to comply with an enforcement notice or a prohibition notice;
b
fail to comply with a provision of the F108retained EU Regulations at any time after that person has received a warning notice in respect of that provision.
3
It is an offence—
a
F37aa
intentionally to obstruct an authorised officer acting in the enforcement of the 1416/2006 prohibition;
b
without reasonable cause, to fail to give to any such officer any assistance or information which that officer may reasonably require;
c
to furnish to any such officer any information knowing it to be false or misleading; or
d
to fail to produce a document, record or passport to any such officer when required to do so.
4
It is an offence for a person, including a servant of the Crown, to disclose any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1) if—
a
the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,
b
the disclosure is for a purpose other than that specified in regulation 7(1), and
c
the Commissioners have not given their prior consent to the disclosure.
5
It is a defence for a person charged with an offence under paragraph (4) to prove that the person reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
OffencesE2114
1
A person who breaches any of the following provisions of the European Regulations is guilty of an offence—
a
F101Article 103(2) of Regulation (EU) 2013 (which provides protection for protected designations of origin and protected geographical indications and the wines using those protected names in conformity with the product specification);
b
c
F103Article 80(1), third sub-paragraph, of Regulation (EU) 2013 (which requires that wine sector products are produced and conserved in accordance with EU laws);
d
F104Article 90(2) of Regulation (EU) 2013 (which concerns the production requirements for wine imported into the EU);
F105e
Article 29 of Commission Regulation (EU) 2018/273 (which requires operations to be recorded in the register).
F1061A
Any person who contravenes the 1416/2006 prohibition is guilty of an offence.
2
It is an offence for a person to—
a
fail to comply with an enforcement notice or a prohibition notice;
b
fail to comply with a provision of the European Regulations at any time after that person has received a warning notice in respect of that provision.
3
It is an offence—
a
intentionally to obstruct an authorised officer acting in the execution of these Regulations or of the European Regulations (including obstruction by the alteration or removal of a mark made under regulation 12(4));
F107aa
intentionally to obstruct an authorised officer acting in the enforcement of the 1416/2006 prohibition;
b
without reasonable cause, to fail to give to any such officer any assistance or information which that officer may reasonably require;
c
to furnish to any such officer any information knowing it to be false or misleading; or
d
to fail to produce a document, record or passport to any such officer when required to do so.
4
It is an offence for a person, including a servant of the Crown, to disclose any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1) if—
a
the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,
b
the disclosure is for a purpose other than that specified in regulation 7(1), and
c
the Commissioners have not given their prior consent to the disclosure.
5
It is a defence for a person charged with an offence under paragraph (4) to prove that the person reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
Penalties15
A person guilty of an offence under these Regulations is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Proceedings against partnerships and unincorporated associations16
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate—
a
rules of court relating to the service of documents;
F91b
3
A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.
Offences by bodies corporate, partnerships and unincorporated associations17
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2
In paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a partnership or a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.
4
In paragraph (3) “partner” includes a person purporting to act as a partner.
5
Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.
6
In paragraph (5) “officer”, in relation to an unincorporated association, means—
a
an officer of the association or a member of its governing body; or
b
a person purporting to act in that capacity.
F109Transitional provision: the Trade and Cooperation Agreement17A
1
An authorised officer must not take any enforcement action under this Part, and an enforcement authority, and the Director of Public Prosecutions, must not prosecute an offence under regulation 14 (offences), in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1st May 2021) that is placed on the market in Great Britain—
a
by a wholesaler or producer during the period beginning on 1st January 2022 and expiring on 1st May 2023;
b
by a retailer on or after 1st January 2022.
2
In this regulation—
a
“enforcement action” means the service of a notice under regulation 10 (warning notices), 11 (enforcement notices) or 12 (prohibition notices);
b
“enforcement authority” has the same meaning as in regulation 3(7);
c
“EU Annex 15 wine” means wine—
i
to which Article 5 (transitional measures) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and
ii
that is imported into Great Britain from a member State;
d
“the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.
3
In this regulation, “placed on the market” is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
PART 4Final provisions
Review18
1
The Secretary of State must from time to time—
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
The report must in particular—
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which the objectives have been achieved;
c
assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
3
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
4
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Amendments of other legislation19
1
The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order 198820 is amended as follows—
a
in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and
b
in the second column (product definition)—
i
for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/200721 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,
ii
for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/200922 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,
iii
for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and
iv
for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
2
The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 198923 is amended as follows—
a
in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and
b
in the second column (product definition)—
i
for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,
ii
for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,
iii
for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and
iv
for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
F93
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4
The Food Labelling Regulations (Northern Ireland)199625 are amended as follows—
a
in regulation 2(1)—
i
for the definition of “Community controlled wine”, substitute ““Community controlled wine” means wine, grape must, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine and liqueur wine;”,
ii
for the definition of “grape must”, substitute ““grape must” has the meaning given in point 10 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iii
for the definition of “liqueur wine”, substitute ““liqueur wine” has the meaning given in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,
iv
for the definitions of “sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine”, substitute ““sparkling wine”, “quality sparkling wine”, “quality aromatic sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” have the meanings given in (respectively) points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”, and
v
for the definition of “wine”, substitute ““wine” has the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”;
b
in regulation 4(2)—
i
for sub-paragraph (h), substitute—
h
wines or grape musts, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
ii
for sub-paragraph (i), substitute—
i
sparkling wines, quality sparkling wines, aerated sparkling wines and quality aromatic sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
iii
for sub-paragraph (j), substitute—
j
liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;
c
in regulation 22, for paragraph (b), substitute—
b
wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, aromatised wine and any similar drink obtained from fruit other than grapes;
d
in regulation 43(1) and (2), for each occurrence of “wine as defined in Annex I to Council Regulation (EEC) No 822/87”, substitute “wine within the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”; and
e
in the second column (ingredients) of the table in Schedule 3, for the entry in the last row (wine), substitute “any type of wine defined in Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.
RevocationsF9320
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Word in Pt. 2 heading substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 6(2)