Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom and come into force on 1993, 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 1992 (S.I. 1992/672), as amended by S.I. 1992/937.

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

(a)

an authorised officer is expressly permitted to retain any record, register or document required as evidence in legal proceedings (regulation 8(2)(c));

(b)

the defence of due diligence applies to specified offences (regulation 25); and

(c)

provision is made for the enforcement of the relevant Community provisions prohibiting the new planting of vines, on the production level in the United Kingdom exceeding 25,000 hectolitres per wine year (regulation 21(2)(a) and Schedule 2, Part IV, items 2 and 3).

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 and provide defences (regulations 21 to 25).

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 1992 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 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.