The Common Agricultural Policy (Wine) Regulations 1992

PART II GENERAL PROVISIONS

Enforcement

3.—(1) Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authori-ties or agencies for the purpose of the enforcement of the Community provisions.

(2) For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.

(3) Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of wine and other wine-sector products within its area.

(4) The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.

(5) The Minister and the Wine Standards Board shall secure the enforcement andexecution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) of this regulation.

(6) Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.

Definition of medium dry

4.  For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 laying down detailed rules for the description and presentation of wines and grape musts(1) wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.

Geographical ascriptions for table wine

5.—(1) In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine(2), the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless–

(a) that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and

(b) that table wine is produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.

(2) Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine.

(3) In paragraph (1)(b) above “geographical unit” means a precisely demarcated area which–

(a) is a part of the United Kingdom; and

(b) satisfies the definition of “a geographical unit which is smaller than the Member State” in Article 4(1) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts(3).

(4) No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.

(5) Notwithstanding paragraph (4) above, the expression “United Kingdom” may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.

Exemptions

6.  The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts shall not apply to–

(a) unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;

(b) unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;

(c) unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.

7.  The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89(4) relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.

Powers of authorised officers

8.—(1) An authorised officer may, on producing, if so required, a warrant of his authority, at any reasonable time enter any land other than land used only as a dwelling, or any vehicle, for the purpose of ascertaining whether any offence under these Regulations has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) of this regulation may–

(a) inspect any materials or articles found in or on that land or vehicle;

(b) require any person carrying on, or employed in connection with, a trade or business to produce any books, records or documents relating to that trade or business and may take copies of any such book, record or document, or of any entry in any such book, record or document and where any such record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record or document and require such record or document to be produced in a form in which it may be taken away;

(c) undertake stock counts of wine-sector products and of any substances orproducts which may be used for the preparation of such products; and

(d) purchase or take samples of any wine-sector product and of any substances or products which may be used for the preparation of such products.

(3) An authorised officer who has procured a sample of any wine-sector product may analyse or examine or have analysed or examined that sample.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.

Control on movement

9.—(1) Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been or is being committed in respect of it contrary to any relevant Community provision referred to in columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2 and that there is a risk to public health or there has been any fraudulent treatment of that product.

(2) An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing–

(a) specifying the wine-sector product in relation to which the power has been exercised;

(b) stating that the wine-sector product may not be moved without the written consent of an authorised officer; and

(c) specifying the Community provision in respect of which the officer has reason to believe that an offence has been or is being committed.

(3) If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.

(4) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.

Consent to movement

10.—(1) An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.

(2) An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that–

(a) the wine-sector product will be moved to a place approved by an authorised officer; and

(b) the wine-sector product will not be moved from that place without the written consent of an authorised officer.

(3) A consent given by an authorised officer under this regulation shall–

(a) specify the wine-sector product to which it relates; and

(b) state that the wine-sector product continues to be controlled.

Authorised officer acting in good faith

11.—(1) An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.

(2) Nothing in paragraph (1) above, shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(3) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.

(4) In this regulation “authorised officer” includes a person accompanying him and acting under his instructions.

Power to require analysis or examination

12.—(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.

(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation, the provisions thereof shall apply in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.

(1)

OJ No. L309, 8.11.90, p.1, the amendment to which is specified at item 40 in column 1 of Schedule 1 to these Regulations.

(2)

OJ No. L84, 27.3.87, p.59, the amendments to which are specified at item 27 in column 1 of Schedule 1 to these Regulations. See also Articles 2(3)(a) and 4 of Council Regulations (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.

(3)

OJ No. L232, 9.8.89, p.13, the amendments to which are specified at item 38 in column 1 of Schedule 1 to these Regulations.

(4)

OJ No. L232, 9.8.89, p.1, the amendment to which is specified at item 36 in column 1 of Schedule 1 to these Regulations.