# The Alcoholic Beverages (Amendment) (Wales) Regulations 2023

W.S.I. 2023/394 · made 30 March 2023

These Regulations make amendments to retained EU law in relation to the labelling of alcoholic beverages and wine products marketed in Wales. These Regulations amend the following retained EU law—Annex 12 to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers (EUR 2011/1169) (“Regulation (EU) No 1169/2011”), andArticles 44 and 50(1) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (EUR 2019/33) (“Regulation (EU) 2019/33”).

Made under: Food Safety Act 1990 (Section 16); Agriculture Act 2020 (Section 50, Schedule 5 paragraph 16)

PDFs: Printed copy https://openlegislation.uk/alcoholic-beverages-amendment-wales-regulations-2023/pdf/wsi_20230394_mi.pdf

## Introductory text

Agriculture, Wales
Food, Wales
Made 30 March 2023
Coming into force 28 April 2023
The Welsh Ministers make the following Regulations in exercise of the powers conferred by—
(a) section 16(1)(e) (as read with section 16(3A)) of the Food Safety Act 1990;
(b) section 50(3) and paragraph 16(1) to Schedule 5 of the Agriculture Act 2020.
The Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990.
There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
In accordance with section 48(3B) of the Food Safety Act 1990 and section 50(6)(c) of the Agriculture Act 2020 a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

## 1 Title, commencement, application and extent

(1) The title of these Regulations is the Alcoholic Beverages (Amendment) (Wales) Regulations 2023.
(2) These Regulations come into force on 28 April 2023.
(3) These Regulations extend to England and Wales and apply in relation to Wales.

## 2 Amendment of Regulation (EU) No 1169/2011 of the European Parliament and of the Council

In Annex 12 (alcoholic strength) to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, after the first paragraph insert—
“In relation to a beverage marketed in Wales to which the first paragraph applies, the second sentence of that paragraph is to be read as if at the end there were inserted ‘, or the figure may be followed by ‘% alc/vol’’.”

## 3 Amendment of Commission Delegated Regulation (EU) 2019/33

(1) Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation is amended as follows.
(2) In Article 44 (actual alcoholic strength)—
(a) after the first paragraph insert—
“In relation to a product marketed in Wales to which the first paragraph applies, that paragraph is to be read as if for ‘in percentage units or half units’ there were substituted ‘to not more than one decimal place’.”;
(b) after the third paragraph (taking into account the paragraph inserted by sub-paragraph (a)) insert—
“In relation to a product marketed in Wales to which the third paragraph applies, the first sentence of that paragraph is to be read as if at the end there were inserted ‘or the figure may be followed by ‘%alc/vol’.”
(3) After Article 50(1) (name of wine grape variety) insert—
“1b. In relation to a grapevine product marketed in Wales to which paragraph 1(a)(ii) applies, the first subparagraph of point (ii) is to be read as if, in the words before the first indent, for ‘100 %’ there were substituted ‘at least 95%’.”

## Signature

Lesley Griffiths
Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers
30 March 2023

## Explanatory note

(This note is not part of the Regulations)
These Regulations make amendments to retained EU law in relation to the labelling of alcoholic beverages and wine products marketed in Wales. These Regulations amend the following retained EU law—
(a) Annex 12 to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers (EUR 2011/1169) (“Regulation (EU) No 1169/2011”), and
(b) Articles 44 and 50(1) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (EUR 2019/33) (“Regulation (EU) 2019/33”).
Regulation 2 amends Annex 12 to Regulation (EU) No 1169/2011 to enable an alternative indicator (“% alc/vol”) to be used (instead of one of the other specified indicators) with a figure indicating the actual alcoholic strength of a beverage to which that Annex applies.
Regulation 3(2) amends Article 44 of Regulation (EU) 2019/33—
(a) to require the actual alcoholic strength of wine and certain other wine sector products to be indicated to a figure of not more than one decimal point (instead of a requirement that the indication be given in percentage units or half units);
(b) to enable an alternative indicator (“% alc/vol”) to be used (instead of one of the other specified indicators) with a figure indicating the actual alcoholic strength of wine and certain other wine sector products to which Article 44 applies.
Regulation 3(3) amends Article 50(1) Regulation (EU) 2019/33 to enable wine and certain other wine sector products on the labels of which two or more wine grape varieties (or their synonyms) are named to be marketed in Wales where 95% of the product (reduced from 100%) has been made from those varieties. This is subject to compliance with existing labelling requirements relating to the naming of those varieties in Article 50(1).
The Welsh Ministers’ code of practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

---
Source: https://www.legislation.gov.uk/wsi/2023/394 (the official version)
Page: https://openlegislation.uk/alcoholic-beverages-amendment-wales-regulations-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.