The Common Agricultural Policy (Wine) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom and come into force on 1st April 1995, provide for the enforcement of EC Regulations (as specified in Schedules 1 and 2) concerned with the production and marketing of wine and related products. They revoke and re–enact with amendments the provisions of the Common Agricultural Policy (Wine) Regulations 1994 (S.I. 1994/674).

The Regulations—

(i) designate competent authorities, agencies and a liaison authority for the purposes of enforcement (regulation 3);

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

(iii) specify conditions for the use of geographical ascriptions for the designation of table wine (regulation 5);

(iv) exempt certain products from provisions relating to information required on labels (regulation 6);

(v) permit the planting for certain purposes of vine varieties whose planting would otherwise be prohibited (regulation 7);

(vi) provide for powers of inspection and enforcement (regulation 8);

(vii) authorise controls on the movement of wine sector products (regulations 9 and 10);

(viii) relieve authorised officers of personal liability for acts done by them in execution of the Regulations (regulation 11);

(ix) confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 12);

(x) specify the regions in the United Kingdom for producing quality wines psr (regulation 14);

(xi) specify the list of vine varieties, minimum natural alcoholic strength, maximum yield per hectare and analytical test in the production of quality wine psr and permit the production of such wine in areas of immediate proximity to the specified regions (regulations 15 to 19); and

(xii) prescribe offences and penalties and provide defences (regulations 20 to 24).

The Schedules have been revised and brought up to date so as to include references to any secondary legislation of the European Community which has been adopted or identified as requiring inclusion since the Common Agricultural Policy (Wine) Regulations 1994 came into force and to delete references to any such secondary legislation which has been repealed or superseded or has become redundant; in addition, the definition of “Community provision” in regulation 2(1) has been extended to cover adaptations effected by the Agreement on the European Economic Area. Subject to that, and to minor drafting changes, the format of these Regulations follows that used in the revoked 1994 Regulations, save that changes are made in regulation 19 and Schedule 6 so as to distinguish between factors to be measured and standards to be met in the case of the analytical test for quality wines psr, and in regulation 3(1) so as to limit the functions of agencies to those relating to the wine sector, in parallel to the limit on the functions of competent authorities resulting from the combination of regulation 2(2) and Council Regulation (EEC) No. 2048/89 (OJ No. L202, 14.7.89, p.32).

In Schedule 1 each Regulation is given the title which appears in the Official Journal except in cases where the title refers to a Regulation that has been repealed or superseded. In such a case the title given in Schedule 1 refers to the superseding Regulation and the title in the Official Journal is given in a footnote. In addition, footnotes to Schedule 1 identify provisions within it which are subject to adaptations effected by the Agreement on the European Economic Area.

A Compliance Cost Assessment has been prepared and has been deposited in the library of each House of Parliament.