Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom and come into force on 2nd April 1992, provide for the enforcement of EEC Regulations (as specified in Schedules 1 and 2) concerned with the production and marketing of wine and related products. They revoke and re-enact with amendments the provisions of the Common Agricultural Policy (Wine) Regulations 1990 (S.I.1990/1363).

In addition to drafting amendments, the Regulations make the following changes of substance–

(a)

the definition of “authorised officer” has been extended to include a person other than an officer of an enforcement authority (regulation 2(1));

(b)

the Regulations have been extended to include aromatized wines (regulations 2(1), and (2), 21(1) and Part IX of Schedule 2);

(c)

conditions have been specified for the use of geographical ascriptions to designate table wines (regulation 5);

(d)

an authorised officer entering any land or vehicle is allowed to take with him other persons (regulation 8(4));

(e)

for the purposes of any court proceedings, the analysis and examination ofsamples is to be carried out by a food analyst or a food examiner, as defined in the Food Safety Act 1990 (1990 c. 16) in relation to England, Wales and Scotland and in the Food Safety (Northern Ireland) Order 1991 (S.I.1991/762 (N.I.7) in relation to Northern Ireland (regulation 12); and

(f)

provision has been made for the production in the United Kingdom of quality wines psr in accordance with Council Regulation (EEC) No. 823/87 (OJ No. L84, 27.3.87, p.59) and for the enforcement of the provisions of that Regulation (regulations 13 to 20, 21(1) and Part II of Schedule 2).

The Regulations–

(i)

designate competent authorities and a liaison authority for the purposes of enforcement (regulation 3);

(ii)

define “medium dry” for the purposes of labelling and description (regulation 4);

(iii)

specify conditions for the use of geographical ascriptions for the designation of table wine (regulation 5);

(iv)

exempt certain products from provisions relating to information required on labels (regulation 6);

(v)

permit the planting for certain purposes of vine varieties whose planting would otherwise be prohibited (regulation 7);

(vi)

provide for powers of inspection and enforcement (regulation 8);

(vii)

authorise controls on the movement of wine sector products (regulations 9 and 10);

(viii)

relieve authorised officers of personal liability for acts done by them in execution of the Regulations (regulation 11);

(ix)

confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 12);

(x)

describe Southern Counties and Northern Counties as the specified regions in the United Kingdom for producing quality wines psr (regulation 14);

(xi)

specify the list of vine varieties, minimum natural alcoholic strength, maximum yield per hectare, analytical test and an additional term of designation for use, in the production of quality wine psr and permit the production of such wine in areas of immediate proximity to the specified regions (regulations 15 to 20); and

(xii)

prescribe offences and penalties (regulations 21 to 24).

The Schedules have been revised and brought up to date so as to include references to relevant Regulations of the European Economic Community which have been adopted since the Common Agricultural Policy (Wine) Regulations 1990 came into force and to delete references to Regulations which have been repealed or superseded or have become redundant.

In Schedule 1 each Regulation is given is given the title which appears in the Official Journal except in cases where the title refers to a Regulation that has been repealed or superseded. In such a case the title given in Schedule 1 refers to the superseding Regulation and the title in the Official Journal is given in a footnote.