The Wine Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001, as amended, in so far as those Regulations apply in England.

The Regulations reflect those changes in the Community wine regime coming into force on 1st August 2008 made by—

• Council Regulation (EC) No 479/2008 on the common organisation of the market in wine;

• Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ No L170, 30.6.2008, p. 1).

The main change is that restrictions on the types of vine that may be used for wine-making are reduced.

As under the revoked Regulations, these Regulations enforce the Community provisions set out in regulation 2.

They make provision for the establishment of organoleptic panels for the assessment of wines.

They provide for enforcement mechanisms, including powers of inspectors to serve notices controlling movements of wines not complying with the Regulations.

They are enforced by the local authority, the Food Standards Agency, the Secretary of State or Her Majesty’s Revenue and Customs as set out in regulation 3.

Breach of these Regulations is an offence punishable—

(a) for obstruction of an authorised officer, with a fine not exceeding level 3 on the standard scale on summary conviction;

(b) for breach of the provisions in regulation 14(2), with a fine not exceeding level 4 on the standard scale on summary conviction;

(c) for all other provisions, a fine not exceeding the statutory maximum on summary conviction, or an unlimited fine for conviction on indictment.

This instrument implements the first phase of the reform of the Community wine regime, an impact assessment has been prepared and is available at www.defra.co.uk.