# Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, Article 80: Oenological practices and methods of analyses

Extent: E+W+N.I.

1. Only oenological practices authorised in accordance with Annex VIII and provided for in point (g) of Article 75(3) and in Article 83(2) and (3) and 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 Great 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 Great Britain if:
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) they have undergone unauthorised ... 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, and 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.
(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 under paragraph 2A, the Secretary 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 Secretary of State may , with the consent of the relevant authorities in Wales and Scotland, make regulations concerning rules on the ... 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 Secretary 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 the relevant authorities in Wales and Scotland agree that they would be ineffective or inappropriate. ...
(6.) Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).
(7.) Paragraphs 3 to 5 do not apply in relation to products marketed in Wales (see section 34(1) of the Agriculture (Wales) Act 2023).

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Source: https://www.legislation.gov.uk/eur/2013/1308/article/80 (the official version)
Page: https://openlegislation.uk/eu-regulation-2013-1308/article-80
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.