The Wine Regulations 2011

PART 4 Final provisions

Review

18.—(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 legislation

19.—(1) The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order 1988(1) 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(2) 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(3) 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) 1989(4) 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”.

(3) The Food Labelling Regulations 1996(5)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”.

(4) The Food Labelling Regulations (Northern Ireland)1996(6) 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”.

Revocations

20.  The following Regulations are revoked.

Regulations	References
The Common Agricultural Policy (Wine) (Wales) Regulations 2001	S.I. 2001/2193 (W. 155)
The Common Agricultural Policy (Wine) (Scotland) Regulations 2002	S. S. I. 2002/325
The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2003	S.S.I. 2003/164
The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003	S.I. 2003/1776 (W. 192)
The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004	S.S.I. 2004/272
The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004	S.I. 2004/2599 (W. 232)
The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006	S.S.I. 2006/311
The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006	S.I. 2006/1716 (W.178)
The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2007	S.I. 2007/2333 (W. 191)
The Wine Regulations (Northern Ireland) 2009	S.R. 2009/354
The Wine Regulations 2009	S.I. 2009/386

(1)

S.I. 1988/2039, amended by S.I. 2009/663. There are other amendments but none is relevant.

(2)

OJ No L 299, 16.11.2007, p1, as last amended by Regulation (EU) No 1234/2010 (OJ No L 346, 30.12.2010, p11). The provisions relating to wine were inserted by Council Regulation (EC) No 491/2009 (OJ No L 154, 17.6.2009, p1).

(3)

OJ No L 193, 24.7.2009, p. 60, as last amended by Commission Implementing Regulation (EU) No 670/2011 (OJ No L 183, 13.7.2011, p6).

(4)

S.R.1989/164, amended by S.R. 2010/203.

(5)

S.I. 1996/1499, to which there are amendments not relevant to these Regulations.

(6)

S.R. 1996/383, to which there are amendments not relevant to these Regulations.