PART II

INTERNAL MARKET
TITLE II

RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS
CHAPTER I

Rules concerning marketing
Section 1

Marketing standards
Subsection 2

Marketing standards by sectors or products

Oenological practices and methods of analyses
Article 80
1
Only oenological practices authorised in accordance with Annex VIII and provided for in point (g) of Article 75(3) and in Article 83(2) and (3) and in Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files shall be used in the production and conservation of the products listed in Part II of Annex VII in Great Britain.
The first subparagraph shall not apply to:
a
grape juice and concentrated grape juice; and
b
grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VII shall be produced in Great Britain in accordance with the rules laid down in Annex VIII.
2
Products listed in Part II of Annex VII shall not be marketed in Great Britain if:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
they have undergone unauthorised ... oenological practices; or
c
they do not comply with the rules laid down in Annex VIII.
The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, and provided the relevant authorities in Wales and Scotland agree, the Secretary of State may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.
2A.
The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.
3
When authorising oenological practices for wine under paragraph 2A, the Secretary of State shall:
a
take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;
b
take into account the protection of human health;
c
take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
d
allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
e
ensure an acceptable minimum level of environmental care;
f
respect the general rules concerning oenological practices and the rules laid down in Annex VIII.
4
In order to ensure the correct treatment of unmarketable wine products, the Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the ... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
5
The Secretary of State may make regulations laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. ...
6.
Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).
7.
Paragraphs 3 to 5 do not apply in relation to products marketed in Wales
(see section 34(1) of the Agriculture (Wales) Act 2023)
.

Oenological practices and methods of analyses
Article 80
1
Only oenological practices authorised in accordance with Annex VIII and provided for in ... in Article 83(2) and (3) of this Regulation, Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, shall be used in the production and conservation of the products listed in Part II of Annex VII in Great Britain.
The first subparagraph shall not apply to:
a
grape juice and concentrated grape juice; and
b
grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VII shall be produced in Great Britain in accordance with the rules laid down in Annex VIII.
2
Products listed in Part II of Annex VII shall not be marketed in Great Britain if:
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
they have undergone unauthorised ... oenological practices; or
c
they do not comply with the rules laid down in Annex VIII.
The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, and provided the relevant authorities in Wales and Scotland agree, the Secretary of State may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.
2A.
The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.
3
When authorising oenological practices for wine under paragraph 2A, the Secretary of State shall:
a
take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;
b
take into account the protection of human health;
c
take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
d
allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
e
ensure an acceptable minimum level of environmental care;
f
respect the general rules concerning oenological practices and the rules laid down in Annex VIII.
4
In order to ensure the correct treatment of unmarketable wine products, the Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the ... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
5
The Secretary of State may make regulations laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. ...
6.
Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).
6A.
Paragraphs 3 to 5 do not apply in relation to products marketed in Scotland (see section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020).
7.
Paragraphs 3 to 5 do not apply in relation to products marketed in Wales
(see section 34(1) of the Agriculture (Wales) Act 2023)
.
Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)
Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)
Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)
Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)
Words in Art. 80(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(a); and words in Art. 80(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(a)
Words in Art. 80(1) inserted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(b); and words in Art. 80(1) inserted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(b)
Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)
Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)
Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)
Art. 80(6A) inserted (S.) (1.1.2021) by Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), s. 26(2), sch. para. 1(8) (with s. 25, sch. para. 2); S.S.I. 2020/373, reg. 2(2)(h)
Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)
Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Words in Art. 80(1) omitted (S.) (2.2.2023) by virtue of 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, 6(6)(a)
Words in Art. 80(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, 6(6)(b)
Pt. 2 Title 2 Ch. 1 Section 1 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)
Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)