The Wine Regulations 2011

Changes over time for: Section 14

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OffencesE+W+S

This section has no associated Explanatory Memorandum

14.—(1) A person who breaches any of the following provisions of the [F1retained EU Regulations] is guilty of an offence—

(a)[F2Article 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)the first sub-paragraph of [F3Article 113(1) of Regulation (EU) 2013] (which protects the use of traditional terms for products produced in accordance with [F3Article 112]);

(c)[F4Article 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)[F5Article 90(2) of Regulation (EU) 2013] (which concerns the production requirements for wine imported into the EU);

[F6(e)Article 29 of Commission Regulation (EU) 2018/273 (which requires operations to be recorded in the register).]

[F7(1A) 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 [F1retained EU 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 [F1retained EU Regulations] (including obstruction by the alteration or removal of a mark made under regulation 12(4));

[F8(aa)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.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)

F2Words in reg. 14(1)(a) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(4)(a)

F3Words in reg. 14(1)(b) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(4)(b)

F4Words in reg. 14(1)(c) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(4)(c)

F5Words in reg. 14(1)(d) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(4)(d)

F6Reg. 14(1)(e) substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 9(2)

F7Reg. 14(1A) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(11)(a)

F8Reg. 14(3)(aa) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(11)(b)

OffencesN.I.

14.—(1) A person who breaches any of the following provisions of the European Regulations is guilty of an offence—

(a)[F9Article 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)the first sub-paragraph of [F10Article 113(1) of Regulation (EU) 2013] (which protects the use of traditional terms for products produced in accordance with [F10Article 112]);

(c)[F11Article 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)[F12Article 90(2) of Regulation (EU) 2013] (which concerns the production requirements for wine imported into the EU);

[F13(e)Article 29 of Commission Regulation (EU) 2018/273 (which requires operations to be recorded in the register).]

[F14(1A) 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));

[F15(aa)intentionally to obstruct an authorised officer acting in the enforcement of the 1416/2006 prohibition;]