OpenLegislation

Article 80 Oenological practices and methods of analysesE1C1

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

1.

Only oenological practices authorised in accordance with Annex VIII and provided for in F1point (g) of Article 75(3) and in Article 83(2) and (3) F2and in Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files shall be used in the production and conservation of the products listed in Part II of Annex VII in F3Great Britain.

The first subparagraph shall not apply to:

(a)

grape juice and concentrated grape juice; and

(b)

grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VII shall be produced in Great Britain in accordance with the rules laid down in Annex VIII.

2.

Products listed in Part II of Annex VII shall not be marketed in F4Great Britain if:

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

they have undergone unauthorised F6... oenological practices; or

(c)

they do not comply with the rules laid down in Annex VIII.

The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, F7and provided the relevant authorities in Wales and Scotland agree, the Secretary of State may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.

F8(2A.)

The Secretary of State may only authorise oenological practices as referred to in point (g) of Article 75(3) with the agreement of the relevant authorities for Wales and Scotland.

3.

When authorising oenological practices for wine F9under paragraph 2A, the F10Secretary of State shall:

(a)

take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;

(b)

take into account the protection of human health;

(c)

take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;

(d)

allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

(e)

ensure an acceptable minimum level of environmental care;

(f)

respect the general rules concerning oenological practices and the rules laid down in Annex VIII.

4.

In order to ensure the correct treatment of unmarketable wine products, the F11Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the F12... procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.

5.

The F13Secretary of State may make regulations laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless F14the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. F15...

F16(6.)

Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).

F17(7.)

Paragraphs 3 to 5 do not apply in relation to products marketed in Wales F18(see section 34(1) of the Agriculture (Wales) Act 2023).

Annotations

Textual amendments

F1

Words in Art. 80(1) omitted (E.) (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(a); and words in Art. 80(1) omitted (W.) (14.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(a)

F2

Words in Art. 80(1) inserted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 8(3)(b); and words in Art. 80(1) inserted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 5(3)(b)

F3

Words in Art. 80(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(aa) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Art. 80(2)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 80(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 80(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 9(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F8

Art. 80(2A) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(a)

F9

Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(3)(b)

F10

Words in Art. 80(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 27(c); 2020 c. 1, Sch. 5 para. 1(1)

F11

Words in Art. 80(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(i) (as amended by S.I. 2020/1453, reg. 12(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F12

Word in Art. 80(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13

Words in Art. 80(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14

Words in Art. 80(5) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(ii) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 12(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F15

Words in Art. 80(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 21(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F16

Art. 80(6) inserted (30.11.2022) by Agriculture Act 2020 (c. 21), s. 57(2)(d), Sch. 7 para. 10 (with Sch. 7 para. 17); S.I. 2022/1255, reg. 2(b)

F17

Art. 80(7) inserted (13.12.2022) by Agriculture Act 2020 (c. 21), s. 57(3)(c), Sch. 7 para. 25 (with Sch. 7 para. 32); S.I. 2022/1204, reg. 2(a)

F18

Words in Art. 80(7) substituted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4), s. 56(4), Sch. 3 para. 7 (with Sch. 3 para. 17); S.I. 2023/1092, art. 2(h)

Modifications

C1

Pt. 2 Title 2 Ch. 1 Section 1 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)

Extent

E1

This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only