xmlns:atom="http://www.w3.org/2005/Atom"

Scottish Statutory Instruments

2002 No. 325

AGRICULTURE

The Common Agricultural Policy (Wine) (Scotland) Regulations 2002

Made

27th June 2002

Laid before the Scottish Parliament

28th June 2002

Coming into force

23rd September 2002

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART ICITATION, COMMENCEMENT, EXTENT AND INTERPRETATION

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Common Agricultural Policy (Wine) (Scotland) Regulations 2002 and shall come into force on 23rd September 2002.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations–

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 1493/1999 and, in relation to aromatized wines, in Council Regulation 1601/91.

(3) In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.

(4) Column 3 of Schedule 9 (which provides in relation to each relevant Community provision an indication of the subject matter of the measure) shall not be read as limiting the scope of any relevant Community provision and shall be disregarded in relation to any question arising as to the construction of these Regulations.

PART IIGENERAL PROVISIONS

Official functions and enforcement

3.—(1) Subject to the provisions of this regulation, local authorities, the Scottish Ministers, the Commissioners and the Wine Standards Board are hereby designated as the authorities responsible for ensuring compliance with the Community provisions.

(2) Each local authority shall secure the enforcement of the relevant Community provisions in so far as they relate to the retail sale of products within its area.

(3) The Scottish Ministers, the Commissioners and the Wine Standards Board shall secure the enforcement of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into Scotland from a third country or from Scotland to a third country.

(4) The Scottish Ministers and the Wine Standards Board shall secure the enforcement of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2) or (3) above.

Definition of medium dry

4.  For the purposes of Article 14(7)(b) of Commission Regulation 3201/90, wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.

Vine varieties

5.  For the purposes of Article 19(1) and (2) of Council Regulation 1493/1999 and Article 20 of Commission Regulation 1227/2000, the vine varieties classified for the production of wine in Scotland are those specified in Schedule 10.

Geographical indications for table wine

6.—(1) In pursuance of Article 51(3) of Council Regulation 1493/1999, the use of a geographical indication for the designation of table wine produced in any part of Scotland is prohibited unless that table wine is produced–

(a)wholly from one or more of the varieties of vine specified in Schedule 10; and

(b)subject to paragraph (2) below, exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.

(2) Notwithstanding paragraph (1)(b) 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 1493/1999.

(3) In paragraph (1)(b) above, “geographical unit” means a precisely demarcated area which–

(a)is a part of Scotland; and

(b)falls within the definition of a “geographical unit which is smaller than the Member State” in Article 51(1) of Council Regulation 1493/1999.

(4) Subject to point A, paragraph 2, of Annex VII to Council Regulation 1493/1999, no geographical indication other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of Scotland.

Powers of authorised officers

7.—(1) An authorised officer may, on producing, if so required, some duly authenticated document showing the authority of that officer, at any reasonable time enter any land or vehicle (other than where used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993(42), 1994(43), 1995(44) or 1996(45) has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which the officer has reason to believe is or may be being, or has been or may have been, committed–

(a)inspect any materials or articles found in or on that land or vehicle;

(b)examine any register, record or document–

(i)which any person is required to keep under any relevant Community provision, or

(ii)which is in the possession or under the control of any person,

and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;

(c)seize and retain any such register, record, document or entry which the authorised officer has reason to believe may be required as evidence in proceedings under these Regulations or under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996;

(d)undertake an inventory of products and of anything which may be used in the preparation of products; and

(e)purchase or take samples of any product and of anything which may be used for the preparation of any product.

(3) An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may be accompanied by such other persons as the officer considers necessary.

Control on movement

8.—(1) Where an authorised officer inspects any wine-sector product, the officer may prohibit the movement of the product if the officer has reason to believe that–

(a)an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II, IV or VIII of Schedule 9; and

(b)there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.

(2) An authorised officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to the officer to be in charge of the wine-sector product concerned notice either in writing or in electronic form–

(a)specifying the wine-sector product in relation to which the power has been exercised;

(b)stating that the wine-sector product may not be moved without the consent of an authorised officer which may be given in writing or in electronic form;

(c)specifying the relevant Community provision in respect of which the officer has reason to believe that an offence has been, is being or is likely to be committed;

(d)specifying whether the officer considers that it would be practicable for steps to be taken to persuade the officer that the officer no longer has reason for that belief and, if so, what those steps should be.

(3) Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board, that notice shall also contain information of–

(a)the right of the owner of the wine-sector product concerned, conferred by regulation 10, to have the giving of that notice reviewed, as to how that right may be exercised and of the effect of exercising that right; and

(b)the duty imposed by paragraph (5) below.

(4) Where a notice described in paragraph (2) above is given by an authorised officer of an appropriate enforcement authority other than the Wine Standards Board that notice shall also contain information of–

(a)the right of the owner of the wine-sector product concerned, conferred by regulation 11, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right; and

(b)the duty imposed by paragraph (5) below.

(5) When the person in charge of a wine-sector product becomes aware of a prohibition on the movement of that product under regulation 8(1), that person shall without delay notify the relevant enforcement authority of the name and address of the owner of the wine-sector product concerned.

(6) When the relevant enforcement authority receives notification of the name and address of the owner of the wine-sector product concerned, the enforcement authority shall, without delay, give a notice under paragraph (2) to the owner, unless the enforcement authority has already given such notice under paragraph (7) below.

(7) If the person to whom the officer gives notice does not appear to the officer to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use best endeavours to give a notice under paragraph (2) above additionally to the owner as soon as possible, unless the enforcement authority has already given such notice under paragraph (6) above.

(8) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, a label warning of the exercise of the power.

(9) An authorised officer who is satisfied that the steps specified in the notice under paragraph (2)(d) above have been taken shall remove the prohibition on movement imposed pursuant to paragraph (1) above.

Consent to movement

9.—(1) An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.

(2) An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if the officer, or another authorised officer, has been given a written undertaking to the effect that–

(a)the wine-sector product will be moved to a place approved by an authorised officer; and

(b)the wine-sector product will not be moved from that place without the written consent of an authorised officer.

(3) A consent given by an authorised officer under this regulation shall–

(a)specify the wine-sector product to which it relates; and

(b)state that the wine-sector product continues to be controlled.

(4) An authorised officer who has been requested to give a consent under this regulation, and who refuses to do so, shall communicate that refusal together with notice of the right, conferred by regulation 10 or 11, to have that refusal reviewed, and an explanation as to how that right may be exercised and the effect of exercising that right.

Review of prohibitions etc. on movement of wine-sector products by Wine Standards Board

10.—(1) This regulation applies where an authorised officer of the Wine Standards Board–

(a)has given to a person who appears to the officer to be in charge of a wine-sector product a notice under regulation 8(2); or

(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9.

(2) The owner of the wine-sector product concerned may make a request either in writing or in electronic form to the Chief Executive of the Wine Standards Board for the Chief Executive to review the giving of the notice or refusal.

(3) Where a request for the review of a notice or of a refusal is received by the Chief Executive of the Wine Standards Board the Chief Executive shall within fourteen days from the receipt by the Chief Executive of the request–

(a)afford the aggrieved person an opportunity of making representations to the Chief Executive;

(b)following consideration of those representations review the notice or refusal; and

(c)communicate the Chief Executive’s decision on the review together with a statement giving the full reasons for the decision to the aggrieved person.

(4) Where a person is dissatisfied with the decision of the Chief Executive of the Wine Standards Board on a review, that person may make a request either in writing or in electronic form to the Chairman of the Wine Standards Board for a further review by the Wine Standards Board (which, for the avoidance of doubt, shall not include the Chief Executive) of the giving of the notice or of the refusal.

(5) The procedure and quorum for a meeting of the Wine Standards Board considering a request for the review of a notice or of a refusal under this regulation shall be such as it determines.

(6) The Wine Standards Board shall communicate its decision on the review together with a statement giving the full reasons for the decision to the aggrieved person.

(7) Where review of the giving of the notice or refusal is requested the Chief Executive of the Wine Standards Board or the Wine Standards Board, as the case may be, shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the prohibition on movement and the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.

Review of prohibitions etc. on movement of wine-sector products by enforcement authorities other than the Wine Standards Board

11.—(1) This regulation applies where an authorised officer of an appropriate enforcement authority other than the Wine Standards Board–

(a)has given to a person who appears to the officer to be in charge of a wine-sector product a notice under regulation 8(2); or

(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9.

(2) The owner of the wine-sector product concerned may each make a request either in writing or in electronic form to the relevant enforcement authority for the enforcement authority to review the giving of the notice.

(3) Where a request for the review of a notice or of a refusal is received by the appropriate enforcement authority, the enforcement authority shall–

(a)afford the aggrieved person an opportunity of making representations for consideration by an officer of the enforcement authority who has not been involved in the initial decision who will prepare a report following consideration of those representations;

(b)supply a copy of the report by that officer to the aggrieved person;

(c)consider the report by that officer before making a decision on the review; and

(d)communicate the decision on the review together with a statement giving the full reasons for the decision to the aggrieved person.

(4) The enforcement authority shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the prohibition on movement and the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.

Authorised officer acting in good faith

12.—(1) Subject to paragraph (2) below, an authorised officer or a person accompanying an authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the functions conferred by these Regulations if the court is satisfied that–

(a)the act was done in good faith;

(b)there were reasonable grounds for doing it; and

(c)it was done with reasonable skill and care.

(2) Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(3) Where a claim has been made against an authorised officer in respect of an act done by the officer in the purported exercise of the functions conferred by these Regulations and the circumstances are such that the officer is not legally entitled to require indemnification from the enforcement authority, the authority may, nevertheless, indemnify the officer against the whole or part of the claim and any expenses, if the authority is satisfied that–

(a)the act was done in good faith;

(b)there were reasonable grounds for doing it; and

(c)it was done with reasonable skill and care.

Power to require analysis or examination

13.—(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof.

(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) above in respect of a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis or examination, which, in the course of proceedings is transmitted by a food analyst or food examiner under this regulation, shall be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the food analyst or food examiner by whom the certificate is signed.

(4) In any proceedings under these Regulations, the transmission to the court under this regulation or production by one of the parties–

(a)of a document purporting to be a certificate given by a food analyst or food examiner; or

(b)of a document supplied to that party by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.

PART IIIOFFENCES, PENALTIES AND REVOCATIONS

Offences and penalties

14.—(1) Any person who contravenes, or fails to comply with, regulation 6 or any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts I, II, IV or VIII of Schedule 9, shall be guilty of an offence and liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(2) Any person who–

(a)contravenes, or fails to comply with, any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts III, V, VI or VII of Schedule 9; or

(b)discloses to any other person any information obtained by the person making the disclosure in pursuance of the duties of the last mentioned person under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by that person or any other person of any functions under these Regulations, or in pursuance of a Community obligation,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Movement of a controlled wine-sector product

15.—(1) Any person who, knowing a wine-sector product to be a controlled wine-sector product–

(a)moves it; or

(b)causes it to be moved,

without the written consent of an authorised officer shall be guilty of an offence.

(2) Any person who, knowing a wine-sector product to be a controlled wine-sector product–

(a)removes from it; or

(b)causes to be removed from it,

a label which has been affixed under regulation 8(6) shall be guilty of an offence.

(3) Any person who fails to comply with an undertaking given by that person for the purposes of regulation 9(2) shall be guilty of an offence.

(4) It shall be a defence for a person charged with any offence under this regulation to prove that–

(a)when the power conferred by regulation 8(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and

(b)there was a reasonable excuse for the act or omission in respect of which that person is charged.

(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Obstruction

16.  Any person who–

(a)intentionally obstructs an authorised officer exercising functions conferred by these Regulations;

(b)fails to give any such officer any assistance or information or to provide any facilities which that officer may reasonably require of that person for the purposes of the functions of the officer under these Regulations; or

(c)contravenes or fails to comply with regulation 8(5),

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences by officers of bodies corporate

17.—(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any person who is a director, manager, secretary or a similar officer of the body corporate, or who was purporting to act in any such capacity, that person as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with the functions of management of that member as if that member were a director of the body corporate.

Defence of due diligence

18.  In any proceedings for an offence under regulation 14 or 16(b) it shall be a defence for the person charged to prove that that person took all reasonable precautions and exercised all due diligence to avoid committing the offence and to avoid the commission of the offence by a person under the control of the person charged.

Revocations

19.  The Common Agricultural Policy (Wine) Regulations 1996(46), the Common Agricultural Policy (Wine) (Amendment) Regulations 1997(47), the Common Agricultural Policy (Wine) (Amendment) Regulations 1998(48) and the Common Agricultural Policy (Wine) (Amendment) Regulations 1999(49) are hereby revoked.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th June 2002

Regulation 2(1)

SCHEDULE 1DEFINITION OF COMMISSION REGULATION 3388/81

“Commission Regulation 3388/81” means Commission Regulation (EEC) No. 3388/1981 laying down detailed rules in respect of import and export licences in the wine sector(50) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EEC) No. 257/1986O.J. No. L 31, 6.2.86, p.18
Commission Regulation (EC) No. 1685/1995O.J. No. L 161, 12.7.95, p.2
Commission Regulation (EC) No. 1649/1995O.J. No. L 156, 7.7.95, p.29
Commission Regulation (EC) No. 1351/1997O.J. No. L 186, 16.7.97, p.5
Commission Regulation (EC) No. 2182/1999O.J. No. L 267, 15.10.99, p.21
Commission Regulation (EC) No. 2739/1999O.J. No. L 328, 22.12.99, p.60

Regulation 2(1)

SCHEDULE 2DEFINITION OF COMMISSION REGULATION 2676/90

“Commission Regulation 2676/90” means Commission Regulation (EEC) No. 2676/1990 determining Community methods for the analysis of wines(51) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EEC) No. 2645/1992O.J. No. L 266, 12.9.92, p.10
Commission Regulation (EC) No. 60/1995O.J. No. L 11, 17.1.95, p.19
Commission Regulation (EC) No. 69/1996O.J. No. L 14, 19.1.96, p.13
Commission Regulation (EC) No. 822/1997O.J. No. L 117, 7.5.97, p.10
Commission Regulation (EC) No. 761/1999O.J. No. L 99, 14.4.99, p.4
Commission Regulation (EC) No. 1622/2000O.J. No. L 194, 31.7.00, p.1

Regulation 2(1)

SCHEDULE 3DEFINITION OF COMMISSION REGULATION 3201/90

“Commission Regulation 3201/90” means Commission Regulation (EEC) No. 3201/1990 laying down detailed rules for the description and presentation of wines and grape musts(52) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EEC) No. 3298/1991O.J. No. L 312, 13.11.91, p.20
Commission Regulation (EEC) No. 3650/1992O.J. No. L 369, 18.12.92, p.25
Commission Regulation (EEC) No. 153/1992O.J. No. L 17, 24.1.92, p.20
Commission Regulation (EEC) No. 1847/1993O.J. No. L 168, 10.7.93, p.33
Commission Regulation (EC) No. 1362/1994O.J. No. L 150, 16.6.94, p.7
Commission Regulation (EC) No. 2603/1995O.J. No. L 267, 9.11.95, p.16
Commission Regulation (EC) No. 692/1996O.J. No. L 97, 18.4.96, p.15
Commission Regulation (EC) No. 1056/1996O.J. No. L 140, 13.6.96, p.15
Commission Regulation (EC) No. 609/1997O.J. No. L 93, 8.4.97, p.9
Commission Regulation (EC) No. 1472/1997O.J. No. L 200, 29.7.97, p.18
Commission Regulation (EC) No. 2543/1997O.J. No. L 347, 18.12.97, p.24
Commission Regulation (EC) No. 847/1998O.J. No. L 120, 23.4.98, p.14
Commission Regulation (EC) No. 2770/1998O.J. No. L 346, 22.12.98, p.25
Commission Regulation (EC) No. 1470/1999O.J. No. L 170, 6.7.99, p.16
Commission Regulation (EC) No. 160/2000O.J. No. L 19, 25.1.00, p.19
Commission Regulation (EC) No. 1640/2000O.J. No. L 187, 26.7.00, p.41
Commission Regulation (EC) No. 885/2001O.J. No. L 128, 10.5.01, p.54

Regulation 2(1)

SCHEDULE 4DEFINITION OF COMMISSION REGULATION 1622/2000

“Commission Regulation 1622/2000” means Commission Regulation (EC) No. 1622/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes(53) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EC) No. 2451/2000O.J. No. L 282, 8.11.00, p.7
Commission Regulation (EC) No. 885/2001O.J. No. L 128, 10.5.01, p.54
Commission Regulation (EC) No. 1609/2001O.J. No. L 212, 7.8.01, p.9
Commission Regulation (EC) No. 1655/2001O.J. No. L 220, 15.8.01, p.17
Commission Regulation (EC) No. 2066/2001O.J. No. L 278, 23.10.01, p.9

Regulation 2(1)

SCHEDULE 5DEFINITION OF COMMISSION REGULATION 1623/2000

“Commission Regulation 1623/2000” means Commission Regulation (EC) No. 1623/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms(54) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EC) No. 2409/2000O.J. No. L 278, 31.10.00, p.3
Commission Regulation (EC) No. 2786/2000O.J. No. L 323, 20.12.00, p.4
Commission Regulation (EC) No. 545/2001O.J. No. L 81, 21.3.01, p.21
Commission Regulation (EC) No. 1282/2001O.J. No. L 176, 29.6.01, p.14
Commission Regulation (EC) No. 1660/2001O.J. No. L 221, 17.8.01, p.8
Commission Regulation (EC) No. 2022/2001O.J. No. L 273, 16.10.01, p.17
Commission Regulation (EC) No. 2047/2001O.J. No. L 276, 19.10.01, p.15
Commission Regulation (EC) No. 2429/2001O.J. No. L 328, 13.12.01, p.28
Commission Regulation (EC) No. 2464/2001O.J. No. L 331, 15.12.01, p.25
Commission Regulation (EC) No. 167/2002O.J. No. L 30, 31.1.02, p.19
Commission Regulation (EC) No. 346/2002O.J. No. L 55, 26.2.02, p.12
Commission Regulation (EC) No. 347/2002O.J. No. L 55, 26.2.02, p.14
Commission Regulation (EC) No. 378/2002O.J. No. L 60, 1.3.02, p.22

Regulation 2(1)

SCHEDULE 6COMMUNITY PROVISIONS

Measures containing Community provisionsReference

1.  Commission Regulation (EEC) No. 1135/1970 on the notification of the planting and replanting of vines for the purpose of controlling the development of planting

O.J. No. L 134, 19.6.70, p.2 (O.J./S.E. Series-I 70(II) p.379)

2.  Council Regulation 357/79

3.  Act concerning conditions of accession of the Hellenic Republic and the adjustments to the Treaties amending various Regulations concerning wines as a result of the accession of Greece, signed on 28th May 1979

O.J. No. L 291, 19.11.79, p.17

4.  Commission Regulation 3388/81

5.  Commission Regulation (EEC) No. 1907/1985 on the list of wine varieties and regions providing imported wine for the making of sparkling wines in the Community

O.J. No. L 179, 11.7.85, p.21

6.  Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, signed on 12th June 1985

O.J. No. L 302, 15.11.85, p.23

7.  Commission Regulation 3590/85

8.  Council Regulation (EEC) No. 3805/1985 adapting, on account of the accession of Spain and Portugal, certain Regulations relating to the wine sector

O.J. No. L 367, 31.12.85, p.39

9.  Council Regulation 2392/86(55)

10.  Commission Regulation 649/87

11.  Commission Regulation 2676/90

12.  Commission Regulation 3201/90

13.  Council Regulation 1601/91

14.  Commission Regulation (EEC) No. 3901/1991 laying down certain detailed rules on the description and presentation of special wines

O.J. No. L 368, 31.12.91, p.15

15.  Commission Regulation (EEC) No. 2009/1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails

O.J. No. L 203, 21.7.92, p.10

16.  Council Decision 1993/722/EC concerning the conclusion of an Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and control of wine names

O.J. No. L 337, 31.12.93, p.11

17.  Council Decision 1993/723/EC concerning the conclusion of an Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines

O.J. No. L 337, 31.12.93, p.83

18.  Council Decision 1993/726/EC concerning the conclusion of an Agreement between the European Community and Romania on the reciprocal protection and control of wine names

O.J. No. L 337, 31.12.93, p.177

19.  Commission Regulation 2238/93

20.  Commission Regulation (EC) No. 122/1994 laying down certain detailed rules for the application of Council Regulation (EEC) No. 1601/1991 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails

O.J. No. L 21, 26.1.94, p.7

21.  Council Decision 1994/184/EC concerning the conclusion of an Agreement between the European Community and Australia on trade in wine

O.J. No. L 86, 31.3.94, p.1

22.  Commission Regulation 554/95

23.  Commission Regulation 1294/96

24.  Commission Regulation 881/98

25.  Council Regulation 1493/1999

26.  Commission Regulation 1227/2000

27.  Commission Regulation 1607/2000

28.  Commission Regulation 1622/2000

29.  Commission Regulation 1623/2000

30.  Commission Regulation (EC) No. 2729/2000 laying down detailed implementing rules on controls in the wine sector

O.J. No. L 316, 15.12.00, p.16

Regulation 2(1)

SCHEDULE 7DEFINITION OF COUNCIL REGULATION 357/79

“Council Regulation 357/79” means Council Regulation (EEC) No. 357/1979 on statistical surveys of areas under vines(56) as amended by the following Regulations:–

RegulationReference
Council Regulation (EEC) No. 1992/1980O.J. No. L 195, 29.7.80, p.10
Council Regulation (EEC) No. 3719/1981O.J. No. L 373, 29.12.81, p.5
Council Regulation (EEC) No. 490/1986O.J. No. L 54, 1.3.86, p.22
Council Regulation (EC) No. 3205/1993O.J. No. L 289, 24.11.93, p.4
Council Regulation (EC) No. 2329/1998O.J. No. L 291, 30.10.98, p.2

Regulation 2(1)

SCHEDULE 8DEFINITION OF COUNCIL REGULATION 1493/1999

“Council Regulation 1493/1999” means Council Regulation EC No. 1493/1999 on the common organisation of the market in wine(57) as amended by the following Regulations:–

RegulationReference
Commission Regulation (EC) No. 1227/2000O.J. No. L 143, 16.6.00, p.1
Commission Regulation (EC) No. 1607/2000O.J. No. L 185, 25.7.00, p.17
Commission Regulation (EC) No. 1608/2000O.J. No. L 185, 25.7.00, p.24
Commission Regulation (EC) No. 1622/2000O.J. No. L 194, 31.7.00, p.1
Commission Regulation (EC) No. 1623/2000O.J. No. L 194, 31.7.00, p.45
Commission Regulation (EC) No. 2237/2000O.J. No. L 256, 10.10.00, p.18
Commission Regulation (EC) No. 2409/2000O.J. No. L 278, 31.10.00, p.3
Commission Regulation (EC) No. 2451/2000O.J. No. L 282, 8.11.00, p.7
Commission Regulation (EC) No. 2631/2000O.J. No. L 302, 1.12.00, p.36
Commission Regulation (EC) No. 2728/2000O.J. No. L 316, 15.12.00, p.14
Commission Regulation (EC) No. 2786/2000O.J. No. L 323, 20.12.00, p.4
Commission Regulation (EC) No. 2859/2000O.J. No. L 332, 28.12.00, p.61
Commission Regulation (EC) No. 25/2001O.J. No. L 3, 6.1.01, p.11
Commission Regulation (EC) No. 442/2001O.J. No. L 63, 3.3.01, p.52
Commission Regulation (EC) No. 443/2001O.J. No. L 63, 3.3.01, p.54
Commission Regulation (EC) No. 491/2001O.J. No. L 71, 13.3.01, p.3
Commission Regulation (EC) No. 545/2001O.J. No. L 81, 21.3.01, p.21
Commission Regulation (EC) No. 731/2001O.J. No. L 102, 12.4.01, p.33
Commission Regulation (EC) No. 784/2001O.J. No. L 113, 24.4.01, p.4
Commission Regulation (EC) No. 786/2001O.J. No. L 115, 25.4.01, p.3
Commission Regulation (EC) No. 883/2001O.J. No. L 128, 10.5.01, p.1
Commission Regulation (EC) No. 1037/2001O.J. No. L 145. 31.5.01, p.12
Commission Regulation (EC) No. 1099/2001O.J. No. L 150, 6.6.21, p.38
Commission Regulation (EC) No. 1203/2001O.J. No. L 163, 20.6.01, p.11
Commission Regulation (EC) No. 1231/2001O.J. No. L 168, 23.6.01, p.8
Commission Regulation (EC) No. 1232/2001O.J. No. L 168, 23.6.01, p.9
Commission Regulation (EC) No. 1233/2001O.J. No. L 168, 23.6.01, p.11
Commission Regulation (EC) No. 1253/2001O.J. No. L 173, 27.6.01, p.31
Commission Regulation (EC) No. 1282/2001O.J. No. L 176, 29.6.01, p.14
Commission Regulation (EC) No. 1609/2001O.J. No. L 212, 7.8.01, p.9
Commission Regulation (EC) No. 1620/2001O.J. No. L 215, 9.8.01, p.17
Commission Regulation (EC) No. 1655/2001O.J. No. L 220, 15.8.01, p.17
Commission Regulation (EC) No. 1660/2001O.J. No. L 221, 17.8.01, p.8
Commission Regulation (EC) No. 1942/2001O.J. No. L 263, 3.10.01, p.25
Commission Regulation (EC) No. 2022/2001O.J. No. L 273, 16.10.01, p.17
Commission Regulation (EC) No. 2047/2001O.J. No. L 276, 19.10.01, p.15
Commission Regulation (EC) No. 2352/2001O.J. No. L 315, 1. 12. 01, p.47
Commission Regulation (EC) No. 2429/2001O.J. No. L 328, 13.12.01, p.28
Commission Regulation (EC) No. 2464/2001O.J. No. L 331, 15.12.01, p.25
Commission Regulation (EC) No. 2512/2001O.J. No. L 339, 21.12.01, p.18
Council Regulation (EC) No. 2585/2001O.J. No. L 345, 29.12.01, p.10
Commission Regulation (EC) No. 346/2002O.J. No. L 55, 26.2.02, p.12
Commission Regulation (EC) No. 347/2002O.J. No. L 55, 26.2.02, p.14
Commission Regulation (EC) No. 378/2002O.J. No. L 60, 1.3.02, p.22

Regulations 2(1) and (4), 8(1) and 14

SCHEDULE 9RELEVANT COMMUNITY PROVISIONS

PART IDOCUMENTS AND RECORDS

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 1493/1999: Articles 68(1) and 70

Council Regulation (EEC) No. 3805/1985: Articles 3, 4 and 5; Commission Regulation 2238/93: Articles 3(1), 3(2), 3(4), 4 , 5, 6 (except 6(5) and 6(6)), 7(4), 8, 9, 10, 11(1), 11(3), 12, 13, 14, 15, 16 and 19Requirements relating to accompanying documents and records

2.  Commission Regulation 1623/2000: Article 7(3)(a), (4), (5), (6) and (7)

Requirements relating to despatch of documents and keeping of stock accounts etc. by users of grape juice

PART IIDESCRIPTION AND PRESENTATION

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 1493/1999: Articles 48 and 49 and Annex VII

Commission Regulation 3201/90: All Articles except 11(1), 12(3), 15(6), 23, 24(1), 28 and 29General rules and particular requirements relating to the description, designation, presentation and protection of certain products other than sparkling wines

2.  Council Regulation 1493/1999: Articles 48 and 49 and Annex VIII

Commission Regulation 554/95: All Articles except 1, 5, 7, 11 and 12General rules and particular requirements relating to the description, designation, presentation and protection of sparkling wines

3.  Council Regulation 1493/1999: Article 51

General rules relating to the use of geographical indications for table wine

4.  Council Regulation 1493/1999: Annex VIII, point G

Prohibition on the use of lead-based capsules or foils on sparkling wines or aerated sparkling wines

5.  Council Regulation 1493/1999: Annex VI, point L

Act of Accession of the Kingdom of Spain and the Portuguese Republic: Article 129; Commission Regulation 1607/2000: Articles 4, 5 and 6 and Annexes II and IIIGeneral provisions relating to the use of expressions and terms traditionally used by Member States to designate particular quality wines

PART IIIPRODUCTION AND CONTROL OF PLANTING

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 1493/1999: Article 18

Commission Regulation 1294/96: Articles 1, 2, 3(1), 3(4), 4, 6, 9, 11Harvest, production and stock declarations

2.  Council Regulation 1493/1999: Article 19(3)

Restrictions on the use of certain vine varieties

3.  Council Regulation 1493/1999: Article 19(4)

Requirement to grub-up unclassified vine varieties

PART IVOENOLOGICAL PROCESSES AND PROCEDURES, AND CONDITIONS FOR RELEASE TO THE MARKET

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Commission Regulation 3590/85: Article 8(1)

Conditions for release for human consumption of products originating in third countries

2.  Council Regulation 1493/1999: Article 27(1) and (2)

Prohibition of the over-pressing of grapes and the pressing of wine lees

3.  Council Regulation 1493/1999: Articles 42(1), (2) and (3) and 43 and Annex IV and Annex V

Commission Regulation 1622/2000:

Article 5 and Annex IV

Article 6 and Annex V

Article 7 and Annex VI

Articles 8 and 9

Article 10 and Annex VII

Article 11 and Annex VIII

Article 12 and Annex IX

Articles 13, 14 and 15

Article 16 and Annex X

Article 17 and Annex XI

Article 18

Authorised oenological practices and processes

4.  Council Regulation 1493/1999: Articles 42(3) and 67

Commission Regulation 1622/2000: Article 39Addition of water or alcohol

5.  Council Regulation 1493/1999: Article 42(5)

Commission Regulation 1622/2000: Article 2Varieties of grapes to be used in winemaking

6.  Council Regulation 1493/1999: Articles 42(6) and 44(14)

Commission Regulation 1622/2000: Articles 34, 35 and 36Permitted methods for the production of wine by coupage

7.  Council Regulation 1493/1999: Article 44(1)

Commission Regulation 1622/2000: Article 43Wine that may be offered or delivered for direct human consumption

8.  Council Regulation 1493/1999: Article 44(2)–(11)

Commission Regulation 1622/2000: Article 3 and Annex IIRestrictions relating to certain wines and other products originating in the Community

9.  Council Regulation 1493/1999: Article 44(12)

Restriction on turning certain products into wine or adding them to wine

10.  Council Regulation 1493/1999: Article 44(12) and (13)

Restriction on the use of products originating in third countries

11.  Council Regulation 1493/1999: Article 45(1)

General rules relating to offer or disposal of certain products for direct human consumption

12.  Council Regulation 1493/1999: Article 46(3)

Commission Regulation 2676/90Community methods for the analysis of wines

13.  Council Regulation 1493/1999: Annex IV

Commission Regulation 1622/2000: Article 5 and Annex IV Article 43Restrictions relating to the holding of unfit wines and the use of oenological substances and requirements for the disposal of unfit wines

14.  Council Regulation 1493/1999: Annex V, point A

Commission Regulation 1622/2000: Article 19 and Annex XIIMaximum permissible sulphur dioxide content of wine

15.  Council Regulation 1493/1999: Annex V, point B

Commission Regulation 1622/2000: Article 20 and Annex XIIIMaximum permissible volatile acid content

16.  Council Regulation 1493/1999: Annex V, points C and D

Commission Regulation 1622/2000: Articles 22, 23, 25, 27, 28 and 29 and Annex XVIConditions for increasing alcoholic strength

17.  Council Regulation 1493/1999: Annex V, point E; Annex VI, points G and H

Commission Regulation 1622/2000: Articles 26, 27, 28 and 29 and Annex XVIConditions for acidification and de-acidification of wine

18.  Council Regulation 1493/1999: Annex V, point F; Annex VI, points G and H

Commission Regulation 1622/2000: Articles 30, 31 and 32Conditions for sweetening of wine

19.  Council Regulation 1493/1999: Annex V, point G

Commission Regulation 1622/2000: Articles 25, 26, 28 and 29 and Annex XVIConditions for carrying out authorised processes (including notification and keeping of register)

20.  Council Regulation 1493/1999: Annex V, points H and I; Annex VI, point K

Commission Regulation 1622/2000:

Article 3 and Annex II

Article 4 and Annex III

Article 24

Rules for the production and marketing of sparkling wines.

21.  Council Regulation 1493/1999: Annex V, point J; Annex VI, point L

Commission Regulation 1622/2000:

Article 33

Article 37 and Annex XVII

Article 38 and Annex XVIII

Rules for the preparation and marketing of liqueur wines produced in the Community

PART VSPECIFICATION

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 1493/1999: Annex VII, point C, paragraph 1(a)

Use of the term “wine”

2.  Council Regulation 1493/1999: Annex VII, point C, paragraph 1(b)

Use of the term “table wine”

PART VIVINEYARD REGISTER

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 2392/86: Article 3(2)

Commission Regulation 649/87: Articles 3 and 3aEstablishment of a vineyard register

PART VIICOMMUNITY INSPECTION

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Commission Regulation (EC) No. 2729/2000: Articles 6, 7 and 19

Commission Regulation (EEC) No. 2009/92Facilitation of controls by and powers of officials including analysis for Community purposes

PART VIIIAROMATIZED WINES

(1)(2)(3)
Relevant Community provisions: principal provisionsRelevant Community provisions: detailed rulesSubject matter

1.  Council Regulation 1601/91: Articles 2, 3 and 4

Commission Regulation (EEC) No. 2009/92; Commission Regulation (EC) No. 122/94:

Articles 1 and 2

General rules and particular requirements relating to the description, presentation and preparation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails

2.  Council Regulation 1601/91: Article 5

Permitted oenological practices and processes

3.  Council Regulation 1601/91: Article 6

Restrictions on use of descriptions

4.  Council Regulation 1601/91: Article 7

Restrictions on the description and sale of aromatized drinks

5.  Council Regulation 1601/91: Article 8

General rules relating to the labelling, presentation and advertising of aromatized wine-based drinks and aromatized wine-product cocktails

6.  Council Regulation 1601/91: Article 10

Supervision and protection of aromatized drinks originating in third countries

7.  Council Regulation 1601/91: Article 11

Export of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails

Regulations 5 and 6(1)(a)

SCHEDULE 10VINE VARIETIES CLASSIFIED FOR THE PRODUCTION OF WINE IN SCOTLAND

Name of varietySynonymous nameGrape colour
AuxerroisWhite
BacchusWhite
CascadeSeibel 13/053Black
ChardonnayWhite
ChasselasGutedalWhite
DornfelderBlack
DunkelfelderBlack
EhrenfelserWhite
FaberrebeWhite
FindlingWhite
GutenbornerWhite
HuxelrebeWhite
KanzlerWhite
KernerWhite
KernlingWhite
Léon MillotBlack
Madeleine angevine 7672Madeleine angevineWhite
Madeleine RoyaleWhite
Madeleine sylvaner III 28/51Madeleine sylvanerWhite
MariensteinerWhite
Müller-ThurgauRivanerWhite
OptimaWhite
OrionWhite
OrtegaWhite
Perle of AlzeyPerleWhite
PhoenixWhite
Pinot blancWeissburgunderWhite
Pinot meunierWrotham pinotBlack
Pinot noirSpatburgunderBlack
Red ElblingBlack
RegentBlack
RegnerWhite
ReichensteinerWhite
RieslingWhite
Rondo (GM 6494/5)GM 6494/5Black
RuländerPinot grisWhite
ScheurebeWhite
SchönburgerWhite
SenatorWhite
Seyval blancSeyve-Villard 5/276White
SiegerrebeWhite
TriompheBlack
White ElblingWhite
WürzerWhite
ZweigeltrebeBlauer ZweigeltrebeBlack

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, provide for the enforcement of EC Regulations (as specified in Schedules 6 and 9) concerned with the production and marketing of wine and related products.

The Regulations–

(i)designate authorities for the purposes of enforcement (regulation 3);

(ii)define “medium dry” for the purposes of labelling and description (regulation 4);

(iii)specify the vine varieties classified for the production of wine in Scotland (regulation 5 and Schedule 10);

(iv)specify conditions for the use of geographical indications for the designation of table wine (regulation 6 and Schedule 10);

(v)provide for powers of inspection and enforcement (regulation 7);

(vi)authorise controls on the movement of wine-sector products (regulations 8 and 9 and Schedule 9);

(vii)provide for reviews of prohibitions etc. on movement of wine-sector products (regulations 10 and 11);

(viii)relieve authorised officers of personal liability for acts done by them in the purported exercise of functions conferred by these Regulations (regulation 12);

(ix)confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 13);

(x)prescribe offences and penalties and provide defences (regulations 14 to 18); and

(xi)revoke the Common Agricultural Police (Wine) Regulations 1996 as amended (regulation 19).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15. The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

O.J. No. L 343, 20.12.85, p.20.

(3)

O.J. No. L 142, 28.5.86, p.22.

(4)

O.J. No. L 179, 9.7.88, p.29.

(5)

O.J. No. L 207, 17.8.96, p.7.

(6)

O.J. No. L 135, 8.5.98, p.4.

(7)

O.J. No. L 62, 5.3.87, p.10.

(8)

O.J. No. L 116, 28.4.89, p.20.

(9)

O.J. No. L 200, 10.8.93, p.10.

(10)

O.J. No. L 188, 21.7.99, p.33.

(11)

O.J. No. L 56, 14.3.95, p.3.

(12)

O.J. No. L 252, 4.10.96, p.10.

(13)

O.J. No. L 166, 5.7.96, p.14.

(14)

O.J. No. L 274, 26.10.96, p.17.

(15)

O.J. No. L 37, 7.2.97, p.1.

(16)

O.J. No. L 328, 22.12.99, p.50.

(17)

O.J. No. L 102, 27.4.00, p.33.

(18)

O.J. No. L 124, 25.4.98, p.22.

(19)

O.J. No. L 279, 16.10.98, p.4.

(20)

O.J. No. L 102, 17.4.99, p.67.

(21)

O.J. No. L 275, 26.10.99, p.8.

(22)

O.J. No. L 185, 25.7.00, p.24.

(23)

O.J. No. L 143, 16.6.00, p.1.

(24)

O.J. No. L 173, 27.6.01, p.31.

(25)

O.J. No. L 113, 24.4.01, p.4.

(26)

O.J. No. L 185, 25.7.00, p.17.

(27)

O.J. No. L 58, 28.2.02, p.7.

(28)

O.J. No. L 291, 19.11.79, p.9.

(29)

O.J. No. L 302, 15.11.85, p.9.

(30)

O.J. No. C 241, 29.8.94, p.1; as amended by Council Decision No. 95/1 adjusting the instruments concerning the accession of new member states to the European Union (O.J. No. L 1, 1.1.95, p.1). The amendments made by Council Decision No. 95/1 are not relevant to these Regulations.

(31)

O.J. No. L 208, 31.7.86, p.1.

(32)

O.J. No. L 148, 30.6.95, p.37.

(33)

O.J. No. L 206, 16.8.96, p.38.

(34)

O.J. No. L 210, 28.7.98, p.14.

(35)

O.J. No. L 149, 14.6.91, p.1.

(36)

O.J. No. L 327, 13.11.92, p.1.

(37)

O.J. No. L 366, 31.12.94, p.1.

(38)

O.J. No. L 21, 26.1.94, p.7.

(39)

O.J. No. L 277, 30.10.96, p.1.

(42)

S.I. 1993/517, amended by S.I. 1993/3071 and revoked by S.I. 1994/674.

(43)

S.I. 1994/674, revoked by S.I. 1995/615.

(44)

S.I. 1995/615, revoked by S.I. 1996/696.

(45)

S.I. 1996/696, amended by S.I. 1997/542, 1998/453 and 1999/482 and revoked by regulation 19 of these Regulations.

(46)

S.I. 1996/696, amended by S.I. 1997/542, 1998/453 and 1999/482.

(47)

S.I. 1997/542.

(48)

S.I. 1998/453.

(49)

S.I. 1999/482.

(50)

O.J. No. L 341, 28.11.81, p.19.

(51)

O.J. No. L 272, 3.10.90, p.1.

(52)

O.J. No. L 309, 8.11.90, p.1.

(53)

O.J. No. L 194, 31.7.00, p.1.

(54)

O.J. No. L 194, 31.7.00, p.45.

(55)

See also the Agreement on the European Economic Area, Protocols 1 (O.J. No. L 1, 3.1.94, p.37) and 47 (O.J. No. L 1, 3.1.94, p.210).

(56)

O.J. No. L 54, 5.3.79, p.124.

(57)

O.J. L No. 179, 14.7.99, p.1