The Wine (Revocation and Consequential Provision) Regulations 2023

Regulation 3(2)

SCHEDULE 1 Revocation of secondary retained EU law

Column (1) Instrument	Column (2) Extent of revocation
Regulation (EU) No1308/2013	Article 82 (use of wine that does not conform to one of the categories laid down in Part 2 of Annex 7 to Regulation (EU) No1308/2013). Article 119(1)(f) (compulsory indication of importer). Article 120(2) (verification of particulars relating to vintage year and wine grape variety on certain wines). In Annex 8 (oenological practices), in Part 2— (a) in Section A, paragraph 3 (restriction on the use of wine fortified for distillation); (b) Section C (restriction on the blending of wines); (c) Section D (restrictions relating to by-products).
Commission Delegated Regulation (EU) 2018/273	In Chapter 4, Section 1 (certification of wine products). Article 47 (suspension of certification provisions in Articles 11 and 12 of Commission Delegated Regulation (EU) 2018/273 in certain circumstances). Annex 5 (accompanying documents for wine products). Annex 6 (certificates for wine products).
Commission Delegated Regulation (EU) 2019/33	Article 56 (conditions of use of certain specific bottle shapes). In Article 57 (bottles, stoppers and fastenings for sparkling etc. wines)— (a) in paragraph 1— (i) in the first subparagraph— (aa) in the words before point (a), the words “closed with”; (bb) points (a) and (b); (ii) in the second subparagraph— (aa) the word “either”; (bb) the words from “or with” to the end; (b) in paragraph 2, the words from “or with” to “both,”. Article 58 (additional provisions concerning the power to make regulations relating to labelling and presentation under the Food Safety Act 1990(1)). Annex 7 (list of types of bottle shapes).
Commission Delegated Regulation (EU) 2019/934	In Article 8(1), the second and third subparagraphs (coupage). In Annex 1 (authorised oenological practices)— (a) in Part A— (i) in Table 1, the row relating to item 9; (ii) in Table 2, the row relating to item 11.4; (b) in Part D, paragraph 2. In Annex 2 (authorised oenological practices and restrictions applicable to sparkling wines etc.)— (a) in Section B, point 4(a); (b) in Section C, point 9(a); (c) the Appendix.
Commission Implementing Regulation (EU) 2019/935 of 16 April 2019 laying down rules for the application of Regulation (EU) No1308/2013 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(2)	The whole Regulation.

Regulation 4

SCHEDULE 2 Consequential provisions

PART 1 Amendment consequential on the omissions made by regulation 3(1)

Regulation (EU) No1308/2013

1.  In Regulation (EU) No1308/2013, in Article 93(2)(c) (designations of origin), for “(iv)” substitute “(iii)”.

PART 2 Amendments consequential on the omissions made by regulation 3(2) as read with Schedule 1

Regulation (EU) No1308/2013

2.  In Regulation (EU) No1308/2013, in Article 191 (derogations for imported products and special security in the wine sector), in the first paragraph omit “or from Section C”.

Commission Delegated Regulation (EU) 2018/273

3.—(1) Commission Delegated Regulation (EU) 2018/273 is amended as follows.

(2) In Article 2(2) (definition of “producer”) omit “, with the exception of Article 47,”.

(3) Omit Article 29(3)(f) (operations to be recorded in inward and outward registers kept by operators: production of fortifying wine for distillation).

Commission Implementing Regulation (EU) 2018/274

4.—(1) Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No1308/2013 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) No1306/2013 of the European Parliament and of the Council as regards the relevant checks(3) is amended as follows.

(2) Omit Article 1(b) (subject matter).

(3) In Article 1a (the competent authorities) omit “the issue of permits under Article 12(3) and”.

(4) Omit Chapter 3 (certification of wine products).

(5) Omit Article 14(1)(b)(vii) (products to be entered in inward and outward registers kept by operators: by-products).

(6) Omit Article 18(2) (information to be included in inward and outward registers kept by operators: withdrawn products).

Commission Delegated Regulation (EU) 2019/33

5.—(1) Commission Delegated Regulation (EU) 2019/33 is amended as follows.

(2) In Article 46 (indication of bottler, producer, importer and vendor)—

(a) in the heading omit “, importer”;

(b) in paragraph 1—

(i) in the words before point (a) omit “and (f)”;

(ii) in point (a) omit the words from “, but” to the end;

(iii) omit point (d);

(iv) in point (f) for “, vendor or importer” substitute “or vendor”;

(c) omit paragraph 4;

(d) in paragraph 5—

(i) in the first subparagraph, for “2, 3 and 4” substitute “2 and 3”;

(ii) in the second paragraph, in both places it occurs, omit “, importer”;

(e) in paragraph 6, in the words before point (a) omit “, importer”.

(3) Omit Article 49(2) (certification of certain grapevine products that bear an indication of their vintage year on their label).

(4) In Article 50(2) (certification of certain grapevine products that bear an indication of the variety of grape used to produce them on their label) omit the first subparagraph.

(5) In Article 51(1) (specific rules for the indication of wine grape varieties on grapevine products that do not bear a protected designation of origin or geographical indication) omit the words from “and provided” to “with”.

Commission Delegated Regulation (EU) 2019/934

6.—(1) Commission Delegated Regulation (EU) 2019/934 is amended as follows.

(2) In Article 7(1) (definition of “coupage”) omit the words from “referred” to “1308/2013”.

(3) Omit Article 11 (general rules applicable to the enrichment, acidification and deacidification of products other than wine).

(4) Omit Article 13 (fixing a minimum percentage of alcohol for by-products).

(5) Omit Article 14 (disposal of by-products).

(6) In Annex 1, in Part A (authorised oenological practices) omit “and Article 11 of this Regulation” in—

(a) Table 1, in the rows relating to items 14 and 15, in the column numbered 2 entitled “Conditions and limits of use”;

(b) Table 2, in the row relating to item 1.1, in the column numbered 7 entitled “Conditions and limits of use”.

(1)

1990 c. 16.

(2)

EUR 2019/935; relevant amending instruments are S.I. 2020/1637 (to which there are amendments not relevant to these Regulations), 2021/632, 2022/1150.

(3)

EUR 2018/274, amended by S.I. 2020/1637 (to which there are amendments not relevant to these Regulations); there are other amending instruments but none is relevant.