Commission Delegated Regulation (EU) 2018/273Show full title

[F1 Article 19d U.K. Checking of Appendix C certificates: export of GB Annex 15 wine from England to a member State

1. For the purpose of Article 3(1) of Annex 15 to the TCA, the Secretary of State is designated as the competent authority responsible for checking that the information contained in an Appendix C certificate relating to a GB Annex 15 wine that is intended to be exported from England to a member State is correct.

2. The Secretary of State, in checking Appendix C certificates for GB Annex 15 wine that is intended to be exported from England to a member State, may:

(a) check every Appendix C certificate;

(b) carry out checks of Appendix C certificates at such intervals as considered appropriate by the Secretary of State from time to time;

(c) carry out checks of Appendix C certificates on a risk-basis;

(d) carry out checks of Appendix C certificates on a random basis.

3. A person intending to export GB Annex 15 wine from England to a member State may submit an Appendix C certificate for the GB Annex 15 wine to the Secretary of State to check.

4. Where an Appendix C certificate is submitted to the Secretary of State under paragraph 3, the Secretary of State must check the certificate.

5. In relation to GB Annex 15 wine that has been exported from England to a member State, where a request is made to the Secretary of State by the competent authority of the member State to which the wine was exported, or by the competent authority of the member State in which the wine is currently situated, to check the Appendix C certificate relating to that wine, the Secretary of State must carry out checks to determine whether the information contained in the Appendix C certificate relating to the wine is correct.

6. Where an Appendix C certificate is submitted to the Secretary of State under paragraph 3, or a request is made to the Secretary of State in respect of an Appendix C certificate by a competent authority of a member State under paragraph 5, and the Secretary of State is satisfied that the information contained in the certificate relating to a GB Annex 15 wine is correct, the Secretary of State must notify the person who submitted the certificate under paragraph 3 or the competent authority, as the case may be, of the Secretary of State’s determination.

7. In relation to an Appendix C certificate being checked by the Secretary of State relating to a GB Annex 15 wine that is intended to be exported from England to a member State, or that has been exported from England to a member State, where the Secretary of State determines that any information contained in the Appendix C certificate is incorrect or the Secretary of State is unable (for whatever reason) to make a determination:

(a) the Secretary of State must notify the following of the determination or the Secretary of State’s inability to make a determination:

(i) the person named as the consignor on the Appendix C certificate;

(ii) where the wine to which the Appendix C certificate relates has been exported to a member State:

(aa) in a case where a request has been made under paragraph 5, the competent authority that made the request;

(bb) in any other case, a competent authority of the member State to which the wine was exported;

(b) the Appendix C certificate is to be treated as a certificate that has not been authenticated for the purposes of Article 3(1) of Annex 15 to the TCA.

8. Any analytical check carried out by the Secretary of State when carrying out the Secretary of State’s function under this Article must be carried out using an appropriate reference method in the OIV Compendium.

9. The Secretary of State may carry out such other non-analytical checks as appear appropriate to the Secretary of State from time to time in connection with the Secretary of State’s function under this Article and may do so in such manner as appears appropriate to the Secretary of State from time to time.

10. In this Article, in relation to an Appendix C certificate relating to a GB Annex 15 wine, ‘being checked by the Secretary of State’ means being checked by the Secretary of State:

(a) at the Secretary of State’s own volition, or

(b) following a request made under paragraph 3 or 5.]

Textual Amendments

F1 Ch. 4 Section 1A inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(5)(a), Sch.