# The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005

S.I. 2005/2992 · made 27 October 2005

These Regulations further amend the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 (“the 2001 Regulations”), which provide for the enforcement in England and Northern Ireland of European Community Regulations concerned with the production and marketing of wine and related products.

Made under: European Communities Act 1972 (repealed)

PDFs: Printed copy https://openlegislation.uk/common-agricultural-policy-wine-england-and-northern-ireland-amendment-regulations-2005/pdf/uksi_20052992_en.pdf; Explanatory Memorandum https://openlegislation.uk/common-agricultural-policy-wine-england-and-northern-ireland-amendment-regulations-2005/pdf/uksiem_20052992_en.pdf

## Introductory text

AGRICULTURE, ENGLAND
AGRICULTURE, NORTHERN IRELAND
Made 27th October 2005
Laid before Parliament 31st October 2005
Coming into force 25th November 2005
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community.
In exercise of the powers conferred by that section, the Secretary of State makes the following Regulations —

## 1 Title and commencement

These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005 and shall come into force on 25th November 2005.

## 2 Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001

(1) The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 are amended as follows.
(2) The following definition of “the Commissioners” is substituted for the definition of that term in regulation 2(1)—
““the Commissioners” means the Commissioners for Revenue and Customs;”.
(3) The following definition of “Council Regulation (EC) No. 1493/1999” is substituted for the definition of that term in regulation 2(1)—
““Council Regulation (EC) No. 1493/1999” means Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, as last amended by Commission Regulation (EC) No. 1795/2003, and references in Schedules 2 and 5 to “Regulation 1493/1999” shall be construed accordingly;”.
(4) The following definitions are inserted in their appropriate alphabetical places in regulation 2(1)—
““Commission Regulation (EEC) No. 2676/90” means Commission Regulation (EEC) No. 2676/90 determining Community methods for the analysis of wines, as last amended by Commission Regulation (EC) No. 355/2005;”;
““Commission Regulation (EC) No. 1622/2000” means Commission Regulation (EC) No. 1622/2000 laying down certain detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code on oenological practices and processes, as last amended by Commission Regulation (EC) No. 1428/2004, and references in Schedules 2 and 5 to “Regulation 1622/2000” shall be construed accordingly;”;
““Commission Regulation (EC) No. 1623/2000” means Commission Regulation (EC) No. 1623/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms, as last amended by Commission Regulation (EC) No. 1774/2004, and the reference in Part I of Schedule 2 to “Regulation 1623/2000” shall be construed accordingly;”;
““Commission Regulation (EC) No. 883/2001” means Commission Regulation (EC) No. 883/2001 laying down detailed rules for implementing Council Regulation (EC) No. 1493/1999 as regards trade with third countries in products in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004, and the reference in Part V of Schedule 2 to “Regulation 883/2001” shall be construed accordingly;”;
““Commission Regulation (EC) No. 884/2001” means Commission Regulation (EC) No. 884/2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004, and the reference in Part I of Schedule 2 to “Regulation 884/2001” shall be construed accordingly;”;
““Commission Regulation (EC) No. 753/2002” means Commission Regulation (EC) No. 753/2002 laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as last amended by Commission Regulation (EC) No. 1991/2004;”;
““Council Regulation (EEC) No. 2392/86” means Council Regulation (EEC) No. 2392/86 establishing a Community vineyard register, as last amended by Council Regulation (EC) No. 1631/98, and the reference in Part VII of Schedule 2 to “Regulation 2392/86” shall be construed accordingly;”.
(5) The Schedule set out in Schedule 1 to these Regulations is substituted for Schedule 1.
(6) In Schedule 2—
(a) the items set out in Part 1 of Schedule 2 to these Regulations are substituted for items 1 and 2 of the table set out in Part III of Schedule 2;
(b) the item set out in Part 2 of Schedule 2 to these Regulations is substituted for item 12 of the table set out in Part V of Schedule 2; and
(c) the number “1999” is substituted for the number “2000” in the first column of item 15 of the table set out in Part V of Schedule 2.
(7) The following entries are inserted in Schedule 3 in their appropriate alphabetical places —
“
Gamay
Black
Gewurztraminer
White
”
(8) The Schedule set out in Schedule 3 to these Regulations is substituted for Schedule 7.

## Signature

Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th October 2005

## Schedule 1 THE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1

“SCHEDULE 1
COMMUNITY PROVISIONS
Regulation 2(1)
Measures containing Community Provisions
Official Journal of the European Communities: Reference
1. Council Regulation (EEC) No. 357/79 on statistical surveys of areas under vines, as last amended by Council Regulation (EC) No. 2329/98 (OJ No. L 291, 30.10.98, p.2 )
OJ No. L 54, 5.3.79, p.124
2. Commission Regulation (EEC) No. 1907/85 on the list of vine varieties and regions providing imported wine for the making of sparkling wines in the Community
OJ No. L 179, 11.7.85, p.21
3. Council Regulation (EEC) No. 3805/85 adapting, on account of the accession of Spain and Portugal, certain Regulations relating to the wine sector
OJ No. L 367, 31.12.85, p.39
4. Council Regulation (EEC) No. 2392/86
OJ No. L 208, 31.7.86, p.1
5. Commission Regulation (EEC) No. 649/87 laying down detailed rules for the establishment of a Community vineyard register, as amended by Commission Regulation (EEC) No. 1097/89 (OJ No. L 116, 28.4.89, p.20)
OJ No. L 62, 5.3.87, p.10
6. Commission Regulation (EEC) No. 2676/90
OJ No. L 272, 3.10.90, p.1
7. Council Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails, as last amended by Regulation (EC) No. 2061/96 of the European Parliament and of the Council (OJ No. L 277, 30.10.96, p.1)
OJ No. L 149, 14.6.91, p.1
8. Commission Regulation (EEC) No. 2009/92 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails
OJ No. L 203, 21.7.92, p.10
9. Council Decision 93/722/EC concerning the conclusion of an Agreement between the European Community and the Republic of Bulgaria on the reciprocal protection and control of wine names
OJ No. L 337, 31.12.93, p.11
10. Council Decision 93/723/EC concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines
OJ No. L 337, 31.12.93, p.83
11. Council Decision 93/726/EC concerning the conclusion of an Agreement between the European Community and Romania on the reciprocal protection and control of wine names
OJ No. L 337, 31.12.93, p.177
12. Commission Regulation (EC) No. 122/94 laying down certain detailed rules for the application of Council Regulation (EEC) No. 1601/91 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails
OJ No. L 21, 26.1.94, p.7
13. Council Decision 94/184/EC concerning the conclusion of an Agreement between the European Community and Australia on trade in wine
OJ No. L 86, 31.3.94, p.1
14. Council Regulation (EC) No. 1493/1999
OJ No. L 179, 14.7.1999, p.1
15. Commission Regulation (EC) No. 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, as regards production potential, as last amended by Commission Regulation (EC) No. 1389/2004 (OJ No. L 255, 31.7.2004, p.7)
OJ No. L 143, 16.6.2000, p.1
16. Commission Regulation (EC) No. 1607/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions
OJ No. L 185, 25.7.2000, p.17
17. Commission Regulation (EC) No. 1622/2000
OJ No. L 194, 31.7.2000, p.1
18. Commission Regulation (EC) No. 1623/2000
OJ No. L 194, 31.7.2000, p.45
19. Commission Regulation (EC) No. 2729/2000 laying down detailed implementing rules on controls in the wine sector, as amended by Commission Regulation (EC) No. 2120/2004 (OJ No. L 367, 14.12.2004, p.11)
OJ No. L 316, 15.12.2000, p.16
20. Council Regulation (EC) No. 678/2001 concerning the conclusion of Agreements in the form of Exchanges of Letters between the European Community and the Republic of Bulgaria, the Republic of Hungary and Romania on reciprocal preferential trade concessions for certain wines and spirits, and amending Regulation (EC) No. 933/95
OJ No. L 94, 4.4.2001, p.1
21. Commission Regulation (EC) No. 883/2001
OJ No. L 128, 10.5.2001, p.1
22. Commission Regulation (EC) No. 884/2001
OJ No. L 128, 10.5.2001, p.32
23. Council Regulation (EC) No. 1037/2001 authorising the offer and delivery for direct human consumption of certain imported wines which have undergone oenological processes not provided for in Regulation (EC) No. 1493/1999, as last amended by Council Regulation (EC) No. 2324/2003 (OJ No. L 345, 31.12.2003, p.24
OJ No. L 145, 31.5.2001, p.12
24. Commission Regulation (EC) No. 1282/2001 laying down detailed rules for the application of Council Regulation (EC) No. 1493/1999 as regards the gathering of information to identify wine products and to monitor the wine market and amending Regulation (EC) No. 1623/2000
OJ No. L 176, 29.6.2001, p.14
25. Commission Regulation (EC) No. 2597/2001 opening and providing for the administration of Community tariff quotas for certain wines originating in the Republic of Croatia, in the former Yugoslav Republic of Macedonia and in the Republic of Slovenia, as amended by Commission Regulation (EC) No. 2088/2004 (OJ No. L 361, 8.12.2004, p.3)
OJ No. L 345, 29.12.2001, p.35
26. Council Decision 2002/51/EC on the conclusion of an Agreement between the European Community and the Republic of South Africa on trade in wine
OJ No. L 28, 30.1.2002, p.3
27. Council and Commission Decision 2002/309/EC as regards the Agreement on Scientific and Technological cooperation of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, insofar as it relates to the provisions of Annex 7 on Trade in Wine Sector products contained in the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products
OJ No. L 114, 30.4.2002, p.1
28. Commission Regulation (EC) No. 753/2002
OJ No. L 118, 4.5.2002, p.1
29. Council Decision 2002/979/EC on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, insofar as those provisions relate to trade in wine, aromatized wine, aromatized wine-based drinks and aromatized wine-product cocktails
OJ No. L 352, 30.12.2002, p.1
30. Council Regulation (EC) No. 527/2003 authorising the offer and delivery for direct human consumption of certain wines imported from Argentina which may have undergone oenological processes not provided for in Regulation (EC) No. 1493/1999, as last amended by Council Regulation (EC) No. 2067/2004 (OJ No. L 358, 3.12.2004, p.1)
OJ No. L 78, 25.3.2003, p.1
31. Commission Regulation (EC) No. 2303/2003 on specific labelling rules for wines imported from the United States of America
OJ No. L 342, 30.12.2003, p.5
32. Commission Decision 2004/91/EC on the conclusion of the agreement between the European Community and Canada on trade in wines and spirit drinks
OJ No. L 35, 6.2.2004, p.1
33. Commission Regulation (EC) No. 709/2004 laying down transitional measures in the wine sector as a result of Malta joining the European Union
OJ No. L 111, 17.4.2004, p.21
”

## Schedule 2: ITEMS TO BE SUBSTITUTED IN SCHEDULE 2

## 1 ITEMS TO BE SUBSTITUTED IN PART III OF SCHEDULE 2

“
1. Council Regulation (EC) No.1493/1999: Articles 48 and 49 and Annex VII
Commission Regulation (EC) No. 753/2002: all Articles except insofar as they relate to sparkling wines
General rules and particular requirements relating to the description, designation, presentation and protection of certain products other than sparkling wines
2. Council Regulation (EC) No. 1493/1999: Articles 48 and 49 and Annex VIII
Commission Regulation (EC) No. 753/2002: all Articles insofar as they relate to sparkling wines
General rules and particular requirements relating to the description, designation, presentation and protection of sparkling wines
”

## 2 ITEM TO BE SUBSTITUTED IN PART V OF SCHEDULE 2

“
12. Council Regulation (EC) No. 1493/1999: Article 46(3)
Commission Regulation (EEC) No. 2676/90
Community methods for the analysis of wines
”

## Schedule 3 THE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 7

“SCHEDULE 7
GEOGRAPHICAL UNITS PRODUCING REGIONAL WINES
Regulation 5A(5)
1. This Schedule applies to the geographical units specified in column 1 of the following table comprising in each case the area specified in the corresponding entry in column 2 of the table other than land within that area that is situated at an altitude of more than 250 metres above sea level—
Column (1)
Column (2)
Name of geographical unit
Geographical extent of unit
1. Berkshire
The area consisting of the Royal County of Berkshire
2. Buckinghamshire
The area consisting of the county of Buckinghamshire
3. Cheshire
The area consisting of the county of Cheshire
4. Cornwall
The area consisting of the county of Cornwall
5. Derbyshire
The area consisting of the county of Derbyshire
6. Devon
The area consisting of the counties of Devon, Plymouth and Torbay
7. Dorset
The area consisting of the counties of Bournemouth, Dorset and Poole
8. East Anglia
The area consisting of the counties of Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Luton, Norfolk, Peterborough, Southend-on-Sea, Suffolk and Thurrock
9. England
The area consisting of England
10. Gloucestershire
The area consisting of the counties of Bristol, Gloucestershire and South Gloucestershire
11. Hampshire
The area consisting of the counties of Hampshire, Portsmouth and Southampton
12. Herefordshire
The area consisting of the county of Herefordshire
13. Isle of Wight
The area consisting of the county of Isle of Wight
14. Isles of Scilly
The area consisting of the Isles of Scilly
15. Kent
The area consisting of the counties of Kent and the Medway
16. Lancashire
The area consisting of the county of Lancashire
17. Leicestershire
The area consisting of the county of Leicestershire
18. Lincolnshire
The area consisting of the counties of Lincolnshire, North East Lincolnshire and North Lincolnshire
19. Northamptonshire
The area consisting of the county of Northamptonshire
20. Nottinghamshire
The area consisting of the county of Nottinghamshire
21. Oxfordshire
The area consisting of the county of Oxfordshire
22. Rutland
The area consisting of the county of Rutland
23. Shropshire
The area consisting of the counties of Shropshire and the Wrekin
24. Somerset
The area consisting of the counties of Bath and North East Somerset, Somerset and North Somerset
25. Staffordshire
The area consisting of the county of Staffordshire
26. Surrey
The area consisting of the county of Surrey
27. Sussex
The area consisting of the counties of Brighton and Hove, East Sussex and West Sussex
28. Warwickshire
The area consisting of the county of Warwickshire
29. West Midlands
The area consisting of the county of West Midlands
30. Wiltshire
The area consisting of the county of Wiltshire
31. Worcestershire
The area consisting of the county of Worcestershire
32. Yorkshire
The area consisting of the counties of the City of Kingston upon Hull, East Riding of Yorkshire, North Yorkshire, South Yorkshire, West Yorkshire and York
2. In this Schedule any reference to a named county is a reference to a county established by or under the Local Government Act 1972 or by an order made under section 17 of the Local Government Act 1992.”

## Explanatory note

(This Note is not part of the Regulations)
These Regulations further amend the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 (“the 2001 Regulations”), which provide for the enforcement in England and Northern Ireland of European Community Regulations concerned with the production and marketing of wine and related products.
These Regulations—
(a) update the definition of “the Commissioners” in regulation 2(1) of the 2001 Regulations following the vesting of functions previously exercisable by the Commissioners of Customs and Excise in the Commissioners for Revenue and Customs (regulation 2(2));
(b) update references to European Community legislation by making changes to the definitions in the 2001 Regulations (regulation 2(3) and (4)), substituting a new Schedule 1 to the 2001 Regulations (regulation 2(5) and Schedule 1) and updating Parts III and Part V of Schedule 2 to the 2001 Regulations (regulation 2(6)(a) and (b) and Schedule 2);
(c) correct an error in item 15 of the table set out in Part V of Schedule 2 to the 2001 Regulations (regulation 2(6)(c));
(d) add Gamay and Gewurztraminer to the list of vine varieties that may be used in the production of wines in England and Northern Ireland (regulation 2(7)); and
(e) make changes to the geographical indications that may be used for the designation of regional wines by substituting a new Schedule 7 to the 2001 Regulations which adds Berkshire, Buckinghamshire, Cheshire, Derbyshire, Lancashire, Leicestershire, Northamptonshire, Nottinghamshire, Rutland, Staffordshire, Warwickshire, West Midlands and Wiltshire to the list of names of geographical units that may be used to describe regional wines produced in those units (regulation 2(8) and Schedule 3).
A full regulatory impact assessment has not been prepared for this instrument as it has no impact on the cost of business.

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Source: https://www.legislation.gov.uk/uksi/2005/2992 (the official version)
Page: https://openlegislation.uk/common-agricultural-policy-wine-england-and-northern-ireland-amendment-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

