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

CHAPTER V U.K. INWARD AND OUTWARD REGISTER

Article 28 U.K. Keeping of the inward and outward register

1. By way of derogation from Article 147(2) of Regulation (EU) No 1308/2013 and provided that the entries, withdrawals and stocks can be checked at any time on the basis of commercial documents used for financial accounts, the inward and outward register, in this Chapter referred to as ‘the register’, need not be kept by:

(a) operators who hold stocks of or offer for sale solely wine products in labelled containers of a nominal volume of 10 litres or less fitted with a non-reusable closing device, where the total quantity does not exceed 5 litres or 5 kilograms in the case of concentrated grape must, whether or not rectified, and 100 litres for all other products;

(b) operators selling drinks for consumption only on the premises[F1 ;]

[F2 (c) retailers.]

F3 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F4 The Food Standards Agency must] draw up and keep up-to-date a list of operators obliged to keep the register. Where such a list, or a register, already exists for other purposes, it may also be used for the purposes of this Regulation [F5 in England and Wales and Food Standards Scotland must draw up and keep up-to-date a list of operators obliged to keep the register in Scotland].

4. The register shall be kept individually for each undertaking.

Where retail stores which sell directly to the end user form part of one and the same undertaking and are supplied by one or more central warehouses belonging to that undertaking, each such central warehouses shall, without prejudice to point (a) of paragraph 1, keep the register as regards the products it supplies. Deliveries to the retail stores shall be recorded in the register as withdrawals.

5. The register shall be kept on the premises where the products are held.

However, and on condition that entries, withdrawals and stocks can be checked at all times at the actual place where the products are held on the basis of other supporting documents, the competent authorities may grant authorisation:

(a) for the register to be kept at the registered place of business of the undertaking, where products are held in various stores belonging to the same undertaking and situated in the same local administrative unit or in local administrative units situated in the immediate vicinity of each other;

(b) for the register to be kept by a specialist firm.

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2019/840 of 12 March 2019 amending Delegated Regulation (EU) 2018/273 as regards the importation of wine originating in Canada and exempting retailers from holding an inward and outward register.

F2 Inserted by Commission Delegated Regulation (EU) 2019/840 of 12 March 2019 amending Delegated Regulation (EU) 2018/273 as regards the importation of wine originating in Canada and exempting retailers from holding an inward and outward register.

F3 Art. 28(2) 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(17)(a)

F4 Words in Art. 28(3) 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(17)(b)(i)

F5 Words in Art. 28(3) 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(17)(b)(ii)

Article 29 U.K. Operations to be recorded in the register

1. Operators required to keep the register shall indicate the oenological practices, processing and treatments implemented by them, in accordance with requirements and oenological practices referred to in Article 78(2) and Article 80 of Regulation (EU) No 1308/2013 [F6 , regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020] and Annexes I A and I D to Regulation (EC) No 606/2009, as well as the experimental use of new oenological practices, including an appropriate reference to the authorisation given by the Member State concerned in accordance with Article 4 of Regulation (EC) No 606/2009.

2. Where implemented, the operations concerning the following treatments shall be recorded in the register in accordance with Articles 16 and 17 of Implementing Regulation (EU) 2018/274, including, if provided for by Member States, appropriate references to notifications made to the competent authorities in accordance with Article 30(2):

(a) correction of the alcoholic strength of wine (Point 40 and Appendix 10 of Annex I A to Regulation (EC) No 606/2009) and reduction in sugar content of musts through membrane coupling (Point 49 and Appendix 16 of Annex I A to Regulation (EC) No 606/2009);

(b) enrichment and sweetening (Parts I A and B of Annex VIII to Regulation (EU) No 1308/2013; Articles 11 and 12 and Annexes I D and II to Regulation (EC) No 606/2009);

(c) acidification and de-acidification (Parts I C and D of Annex VIII to Regulation (EU) No 1308/2013; Article 13 and Points 12, 13, 46, 48 and 50 of Annex I A to Regulation (EC) No 606/2009);

(d) treatment with charcoal for oenological use (Point 9 of Annex I A to Regulation (EC) No 606/2009);

(e) treatment with potassium ferrocyanide (Point 26 of Annex I A to Regulation (EC) No 606/2009);

(f) treatment by electrodialysis or by cation exchanger to ensure the tartaric stabilisation of the wine or acidification by cation exchanger treatment (Points 20, 36 and 43 of Annex I A to Regulation (EC) No 606/2009);

(g) addition of dimethyldicarbonate (DMDC) to wine (Point 34 of Annex I A to Regulation (EC) No 606/2009);

(h) use of oak chips in winemaking (Points 38 and Appendix 9 of Annex I A to Regulation (EC) No 606/2009);

(i) experimental use of new oenological practices (Article 4 of Regulation (EC) No 606/2009);

(j) the management of dissolved gas in wine using membrane contactors (Point 52 of Annex I A of Regulation (EC) No 606/2009);

(k) treatment using a membrane technology coupled with activated carbon (Point 53 of Annex I A to Regulation (EC) No 606/2009);

(l) use of polyvinylimidazole-polyvinylpyrrolidone copolymers (Point 54 of Annex I A to Regulation (EC) No 606/2009);

(m) use of silver chloride (Point 55 of Annex I A to Regulation (EC) No 606/2009).

3. Where implemented, the following specific operations shall be recorded in the register:

(a) blending and coupage, as provided for in Articles 7 and 8 of Regulation (EC) No 606/2009;

(b) bottling;

(c) production of all categories of sparkling wine, semi-sparkling wine and aerated semi-sparkling wine;

(d) production of liqueur wine;

(e) production of concentrated grape must, whether or not rectified;

(f) [F7 production of fortifying wine for distillation;]

(g) processing into any other product categories, such as aromatised wine.

In the case of bottling, the number of containers filled and their content shall be specified.

Textual Amendments

F6 Words in Art. 29(1) inserted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 8(2)

F7 Art. 29(3)(f) 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(3)

F8 Article 30 U.K. National rules

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Textual Amendments

F8 Art. 30 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(18)