CHAPTER VII U.K. CHECKS, COMPETENT AUTHORITIES, MUTUAL ASSISTANCE AND PENALTIES

SECTION I U.K. CHECKS, COMPETENT AUTHORITIES, LIAISON BODIES AND MUTUAL ASSISTANCE

Article 36 U.K. General principles

F1 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Official checks shall be carried out by the competent authority or authorities in accordance with the general principles laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council(1), without prejudice to the provisions of this Regulation and of Chapter VI of Implementing Regulation (EU) 2018/274.

F2 ...

3. [F3 Paragraph 2] shall apply mutatis mutandis to the checks of wine products with a PDO or PGI provided for in Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 as regards the compliance with requirements of product specifications of those products.

Textual Amendments

F1 Art. 36(1) 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(20)(a)

F2 Words in Art. 36(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(20)(b)

F3 Words in Art. 36(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(20)(c)

Article 37 U.K. Common provisions concerning checks

F4 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. F5 ... [F6 Administrative and on-the-spot checks must be carried out.] On-the-spot checks shall be unannounced. However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given. Such notice shall not exceed 48 hours, except in duly justified cases or for those measures where systematic on-the-spot checks take place. They shall be performed by sampling an appropriate percentage of producers on the basis of a risk analysis. Every on-the-spot check shall be the subject of a control report which makes it possible to review the details of the checks carried out.

F7 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 37(1) 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(21)(a)

F5 Words in Art. 37(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(21)(b)(i)

F6 Words in Art. 37(2) 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(21)(b)(ii)

F7 Art. 37(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(21)(c)

F8 Art. 37(4) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(6)

Article 38 U.K. Persons subject to checks

1. Natural or legal persons and groups of such persons whose professional activities are the subject of the checks referred to in this Regulation shall not obstruct such checks and shall be required to facilitate them at all times.

2. Operators from which samples are taken by officials of a competent authority:

(a) may not impede their collection in any way; and

(b) shall provide those officials with all the information required under this Regulation or under Implementing Regulation (EU) 2018/274.

F9 Article 39 U.K. Analytical databank of isotopic data

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Textual Amendments

F9 Art. 39 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(22)

[F10 Article 40 U.K. Liaison body

1. The Secretary of State is the liaison body responsible for official contact with:

(a) third countries relating to matters covered by this Regulation for wine and other wine products imported into Great Britain from a third country, or exported from Great Britain to a third country;

(b) Northern Ireland relating to matters covered by this Regulation for wine and other wine products moved into Great Britain from Northern Ireland, or moved from Great Britain to Northern Ireland.

2. But the Secretary of State must not act as the liaison body responsible for official contact with third countries and Northern Ireland pursuant to paragraph 1, without the consent of:

(a) the Scottish Ministers, in relation to wine and other wine products:

(i) imported into Great Britain from a third countries during any period those products are in Scotland;

(ii) originating in Scotland and exported from Great Britain to third countries;

(iii) originating elsewhere than in Scotland and exported from Scotland to third countries;

(iv) moved into Great Britain from Northern Ireland during any period those products are in Scotland;

(v) originating in Scotland and moved from Great Britain to Northern Ireland;

(vi) originating elsewhere than in Scotland and moved from Scotland to Northern Ireland;

(b) the Welsh Ministers, in relation to wine and other wine products:

(i) imported into Great Britain from third countries during any period those products are in Wales;

(ii) originating in Wales and exported from Great Britain to third countries;

(iii) originating elsewhere than in Wales and exported from Wales to a third country;

(iv) moved into Great Britain from Northern Ireland during any period those products are in Wales;

(v) originating in Wales and moved from Great Britain to Northern Ireland;

(vi) originating elsewhere than in Wales and moved from Wales to Northern Ireland.]

Textual Amendments

F10 Art. 40 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(23)

F11 Article 41 U.K. Powers of officials

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Textual Amendments

F11 Arts. 41-44 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(24)

F11 Article 42 U.K. Coordination of checks and access to information

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Textual Amendments

F11 Arts. 41-44 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(24)

F11 Article 43 U.K. Mutual assistance

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Textual Amendments

F11 Arts. 41-44 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(24)

F11 Article 44 U.K. Conclusive force

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Textual Amendments

F11 Arts. 41-44 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(24)

Article 45 U.K. Notification of suspicion of non-compliance

F12 ... Where the competent authorities F13 ... find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013 [F14 or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020], the liaison body [F15 designated by Article 40 must, without delay, inform, as relevant, the authorities of Northern Ireland and any third country concerned ].

Textual Amendments

F12 Words in Art. 45 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(25)(a)

F13 Words in Art. 45 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(25)(b)(i)

F14 Words in Art. 45 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(3)

F15 Words in Art. 45 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(25)(b)(ii)

SECTION II U.K. PENALTIES

F16 Article 46 U.K. Penalties and cost recovery for non-authorised plantings

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Textual Amendments

F16 Art. 46 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(26)

[F17 Article 47 U.K. Penalties relating to accompanying documents and VI-1 documents for non-conformity with certain [F18 rules in retained EU law]

1. The application of Articles F19 ... 11 and 12 may be suspended for operators F20 ... where the competent authorities F21 ... find or suspect that wine products have been the subject of falsification likely to result in a health risk to consumers or do not comply with Article 80 or Article 90 of Regulation (EU) No 1308/2013 [F22 or with regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].

F23 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F24 In this Article, ‘operators’ means winegrowers, harvesters, producers, processors, bottlers and merchants.]]

Textual Amendments

F17 Art. 47 revoked (E.) (1.1.2024) by The Wine (Revocation and Consequential Provision) Regulations 2023 (S.I. 2023/1362), reg. 1(2), Sch. 1

F18 Words in Art. 47 heading 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(27)(a)

F19 Word in Art. 47(1) 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(27)(b)(i)

F20 Words in Art. 47(1) 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(27)(b)(ii)

F21 Words in Art. 47(1) 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(27)(b)(iii)

F22 Words in Art. 47 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(4)

F23 Art. 47(2) omitted (1.1.2022) by virtue of The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(7)

F24 Art. 47(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(27)(c)

F25 Article 48 U.K. Penalties for non-compliance with the obligations to keep the inward and outward register, submit declarations or make notifications

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Textual Amendments

F25 Arts. 48-50 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(28)

F25 Article 49 U.K. Exceptional circumstances and obvious errors

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Textual Amendments

F25 Arts. 48-50 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(28)

(1)

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).