Article 19c Scottish Annex 15 wine: supervision of production and inspectionF1

United Kingdom

(1.)

For the purpose of the application of the certification arrangements to which Article 3 of Annex 15 to the TCA applies, FSS is designated as the competent authority responsible for supervising the production, and inspection, of Scottish Annex 15 wine that is intended for export to a member State or that may be exported to a member State.

(2.)

A person (‘a wine producer’) producing Scottish Annex 15 wine to which paragraph 1 applies may apply to FSS for FSS to supervise the production of, and inspect, that wine to check that:

(a)

the wine complies with the relevant product definition for the wine referred to in Article 2.2.a of Annex 15 to the TCA, as read with point (a) (product definitions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’, and

(b)

the wine is produced in accordance with oenological practices authorised under:

(i)

Article 2.2.b of Annex 15 to the TCA, as read with point (b) (oenological practices and restrictions) of the paragraph in the section in Appendix 15-A to that Annex entitled ‘Laws and regulations of the United Kingdom’;

(ii)

Article 2.2.c of Annex 15 to the TCA, as read with Appendix 15-B to that Annex.

(3.)

A wine producer who has made an application under paragraph 2 may ask FSS at any time to stop supervising the production, and inspection, of Scottish Annex 15 wine that the wine producer is producing.

(4.)

FSS, having received an application from a wine producer under paragraph 2, must supervise the production of, and inspect, the Scottish Annex 15 wine produced by the wine producer to check that it complies with the matters referred to in points (a) and (b) of paragraph 2 unless and until the wine producer asks FSS to stop doing so under paragraph 3.

(5.)

The supervision of the production, and inspection, of Scottish Annex 15 wine pursuant to paragraph 4 may be:

(a)

carried out by FSS in such manner and at such intervals as it considers appropriate from time to time;

(b)

carried out by FSS on a risk-basis;

(c)

supplemented by FSS with random inspections from time to time.

(6.)

Any analytical check carried out by FSS when carrying out its functions under this Article must be carried out using an appropriate reference method in the OIV Compendium.

(7.)

FSS may carry out such other non-analytical checks as appear appropriate to it from time to time in connection with its functions under this Article and may do so in such manner as appears appropriate to it from time to time.

(8.)

Nothing in this Article prevents FSS carrying out any of its enforcement functions, or functions as a competent authority, under the Wine Regulations 2011.

(9.)

In this Article:

(a)

‘FSS’ means the Food Standards Scotland;

(b)

‘Scottish Annex 15 wine’ means a wine that:

(i)

falls under Heading 22.04 of the Harmonized System, and

(ii)

has been produced in Scotland;

(c)

a wine is a wine ‘produced in Scotland’ if it would be regarded as such applying the definition of ‘wine produced in’ in Article 1(2) of Annex 15 to the TCA but with that definition being applied as if for ‘the exporting Party’ there was substituted ‘Scotland’.

Annotations

Textual amendments

F1: Ch. 4 Section 1A inserted (1.1.2022) by The Wine (Amendment) Regulations 2021 (S.I. 2021/1471), regs. 1(1), 5(5)(a), Sch.