Commission Delegated Regulation (EU) 2018/273Dangos y teitl llawn

CHAPTER I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Subject matter

This Regulation lays down rules supplementing Regulations (EU) No 1306/2013 and (EU) No 1308/2013, respectively, as regards:

(a)

F1 ...

(b)

the vineyard register;

(c)

recognised accompanying documents [F2 and certification] of wine;

(d)

the inward and outward register;

(e)

F3 ...

(f)

checks F4 ...;

(g)

competent authorities F5 ...;

(h)

penalties;

(i)

[F6 the publication of information.]

Textual Amendments

F1 Art. 1(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(2)(a)

F2 Words in Art. 1(c) substituted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(2)

F3 Art. 1(e) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(2)(a)

F4 Words in Art. 1(f) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(2)(b)

F5 Words in Art. 1(g) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(2)(c)

F6 Art. 1(i) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(2)(d)

Article 2 U.K. Definitions

1. For the purposes of this Regulation and Implementing Regulation (EU) 2018/274, the following definitions shall apply:

(a) ‘winegrower’ means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within [F7 Great Britain] in conjunction with Article 355 of the Treaty on the Functioning of the European Union, and who holds an area planted with vines where the produce of this area is used for the commercial production of wine products, or the area benefits from the exemptions for experimental purposes F8 ...;

(b) ‘wine products’ means the products listed in Part XII of Annex I to Regulation (EU) No 1308/2013, except wine vinegar falling within CN codes 2209 00 11 and 2209 00 19;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) ‘harvester’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who gathers the harvest of grapes from an area planted with vines in order to market those grapes for the production of wine products by third parties, or to process them into wine products in his holding, or have them processed on his behalf, with commercial purposes;

(f) ‘processor’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, by whom or on whose behalf the processing of wines is carried out, the result of which being wines, liqueur wines, sparkling and semi-sparkling wines, aerated sparkling and semi-sparkling wines, quality sparkling wines or quality aromatic sparkling wines;

(g) ‘retailer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, whose business activity includes the sale directly to the consumer of wine and must in small quantities, F10 ... having regard to the special features of trade and distribution, but excluding persons who use cellars equipped for storing or facilities for bottling wine in large quantities, and those who engage in itinerant trading in wine transported in bulk;

(h) ‘bottling’ means putting up wine as a final product for commercial purposes in containers of a capacity not exceeding 60 litres;

(i) ‘bottler’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, carrying out bottling of wine or having bottling carried out on his behalf;

(j) ‘merchant’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, other than private consumers or retailers, who holds stocks of wine products with commercial purposes or is involved in their trade and possibly also bottles them, except distilleries;

(k) ‘wine year’ means the marketing year for the wine sector as referred to in Article 6(d) of Regulation (EU) No 1308/2013.

[F11 (l) ‘the 2010 Regulations’ means the Excise Goods (Holding, Movement and Duty Point) Regulations 2010;

[F12 (la) ‘Annex 15 to the TCA’ means Annex 15 (trade in wine) to the Trade and Cooperation Agreement;

(lb) ‘Appendix C certificate’ means the certificate referred to in Article 3(1) of Annex 15 to the TCA (certification requirements);]

(m) ‘ARC’ means the unique administrative reference code;

(n) ‘the competent authority’, in relation to a function to be exercised in Great Britain, or any part of it, means the person designated to carry out that function by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain;

(o) ‘computerised system’ has the meaning given by regulation 3(1) of the 2010 Regulations;

(p) ‘export’ means [F13 , unless the contrary intention appears,] export from Great Britain to a third country;

[F14 (pa) ‘GB Annex 15 wine’ has the meaning given in Article 19a(b);

(pb) ‘Harmonized System’ means the 2017 edition of the Harmonized Commodity Description and Coding System provided for under the International Convention on the Harmonized System as done in Brussels on 14 June 1983;]

(q) ‘HMRC Notice 197’ means the notice numbered 197 published by HMRC under regulation 56(2) of the 2010 Regulations as that notice stands on IP completion day;

(r) ‘import’ means import into Great Britain from a third country;

(s) ‘[F15 assimilated] law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland;

(t) ‘third country’ means any country, other than the United Kingdom, and includes:

(i) the Bailiwick of Guernsey;

(ii) the Bailiwick of Jersey;

(iii) the Isle of Man;

[F16 (ta) ‘the Trade and Cooperation Agreement’ has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;]

(u) ‘unique administrative reference code’ has the meaning given in regulation 3(1) of the 2010 Regulations.]

2. For the purposes of Chapters [F17 4, 5, 7 and 8] of this Regulation[F18 , with the exception of Article 47,] and Chapters IV to VII of Implementing Regulation (EU) 2018/274, ‘producer’ means a natural or legal person or a group of such persons, whatever legal status is granted to the group and its members by national law, who processes himself fresh grapes, musts or new wine still in fermentation into wine or must with commercial purposes, or has them processed on his behalf.

F19 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Art. 2(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(a)(i)(aa)

F8 Words in Art. 2(1)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(a)(i)(bb)

F9 Art. 2(1)(c)(d) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(a)(ii)

F10 Words in Art. 2(1)(g) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(a)(iii)

F11 Art. 2(1)(l)-(u) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(a)(iv)

F12 Art. 2(1)(la)(lb) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(a)

F13 Words in Art. 2(1)(p) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(b)

F14 Art. 2(1)(pa)(pb) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(c)

F15 Word in Art. 2(1)(s) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 122(2)(a)

F16 Art. 2(1)(ta) inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(3)(d)

F17 Words in Art. 2(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(b)

F18 Words in Art. 2(2) omitted (E.) (1.1.2024) by virtue of The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 2 para. 3(2)

F19 Art. 2(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 24(3)(c)