The Wine (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Future Relationship) Act 2020 (c. 29) in order to implement Articles 3, 4(3) and 5 of Annex 15 (trade in wine) to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community and the United Kingdom of Great Britain and Northern Ireland (“the TCA”) and to deal with matters related to the implementation of Article 3 of that Annex.

Regulation 2 implements Article 4(3) of Annex 15 to the TCA (lot codes) by amending the Food (Lot Marking) Regulations 1996 (S.I. 1996/1502).

Regulations 3 and 4 implement Article 5 of Annex 15 to the TCA (transitional measures relating to labelling and placing on the market). Regulation 3 amends the Wine Regulations 2011 (S.I. 2011/2936) and regulation 4 amends the Food Information Regulations 2014 (S.I. 2014/1855).

Regulation 5 and the Schedule implement Article 3 of Annex 15 to the TCA (certification requirements relating to wine) by amending Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties (EUR 2018/273) to put in place provisions to underpin the simplified certification requirements in Article 3 of Annex 15 to the TCA relating to the export of GB wines to an EU member State.

Regulations 5 and 6 implement Article 3 of Annex 15 to the TCA relating to the import of EU wines into Great Britain and deal with matters related to the implementation of the TCA by omitting Article 90(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (EUR 2013/1308) (regulation 6) and making consequential amendments to that Regulation (also regulation 6) and Commission Delegated Regulation (EU) 2018/273 (regulation 5). In consequence of these changes, the import into Great Britain of products to which Article 90(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council applies will not be subject to the presentation of a certificate and analysis report of the type mentioned in Article 90(3) of that Regulation (known as a VI-1 certificate).

A copy of the 2017 edition of the Harmonized Commodity Description and Coding System under the International Convention on the Harmonized System and a copy of Volumes 1 and 2 of the 2021 edition of the Compendium of International Methods of Analysis of Wines and Musts published by the International Organisation of Vine and Wine may be inspected, by arrangement, free of charge at the Department for Environment, Food and Rural Affairs, Second Floor, Seacole Block, 2 Marsham Street, London SW1P 4DF.

A copy of the 2017 edition of the Harmonized Commodity Description and Coding System is available electronically at:

http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/hs-nomenclature-2017-edition/hs-nomenclature-2017-edition.aspx.

A copy of the 2021 Edition of the Compendium of International Methods of Analysis of Wines and Musts in two volumes (ISBN 978-2-85038-034-1 and ISBN 978-2-85038-033-4) is available electronically at:

https://www.oiv.int/en/technical-standards-and-documents/methods-of-analysis/compendium-of-international-methods-of-analysis-of-wines-and-musts-2-vol.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.