Article 19f Checking of Appendix C certificates: export of GB Annex 15 wine from Wales to a member StateF1

(1.)

For the purpose of Article 3(1) of Annex 15 to the TCA, the Welsh Ministers are designated as the competent authority responsible for checking that the information contained in an Appendix C certificate relating to a GB Annex 15 wine that is intended to be exported from Wales to a member State is correct.

(2.)

The Welsh Ministers, in checking Appendix C certificates completed for GB Annex 15 wine that is intended to be exported from Wales to a member State, may:

(a)

check every Appendix C certificate;

(b)

carry out checks of Appendix C certificates at such intervals as considered appropriate by the Welsh Ministers from time to time;

(c)

carry out checks of Appendix C certificates on a risk-basis;

(d)

carry out checks of Appendix C certificates on a random basis.

(3.)

A person intending to export GB Annex 15 wine from Wales to a member State may submit an Appendix C certificate for the GB Annex 15 wine to the Welsh Ministers to check.

(4.)

Where an Appendix C certificate is submitted to the Welsh Ministers under paragraph 3, the Welsh Ministers must check the certificate.

(5.)

In relation to GB Annex 15 wine that has been exported from Wales to a member State, where a request is made to the Welsh Ministers by the competent authority of the member State to which the wine was exported, or by the competent authority of the member State in which the wine is currently situated, to check the Appendix C certificate relating to that wine, the Welsh Ministers must carry out checks to determine whether the information contained in the Appendix C certificate relating to the wine is correct.

(6.)

Where an Appendix C certificate is submitted to the Welsh Ministers under paragraph 3, or a request is made to the Welsh Ministers in respect of an Appendix C certificate by a competent authority of a member State under paragraph 5, and the Welsh Ministers are satisfied that the information contained in the certificate relating to a GB Annex 15 wine is correct, the Welsh Ministers must notify the person who submitted the certificate under paragraph 3 or the competent authority, as the case may be, of the Welsh Ministers’ determination.

(7.)

In relation to an Appendix C certificate being checked by the Welsh Ministers relating to a GB Annex 15 wine that is intended to be exported from Wales to a member State, or that has been exported from Wales to a member State, where the Welsh Ministers determine that any information contained in the Appendix C certificate is incorrect or the Welsh Ministers are unable (for whatever reason) to make a determination:

(a)

the Welsh Ministers must notify the following of the determination or the Welsh Ministers’ inability to make a determination:

(i)

the person named as the consignor on the Appendix C certificate;

(ii)

where the wine to which the Appendix C certificate relates has been exported to a member State:

(aa)

in a case where a request has been made under paragraph 5, the competent authority that made the request;

(bb)

in any other case, a competent authority in the member State to which the wine was exported;

(b)

the Appendix C certificate is to be treated as a certificate that has not been authenticated for the purposes of Article 3(1) of Annex 15 to the TCA.

(8.)

Any analytical check carried out by the Welsh Ministers when carrying out their function under this Article must be carried out using an appropriate reference method in the OIV Compendium.

(9.)

The Welsh Ministers may carry out such other non-analytical checks as appear appropriate to the Welsh Ministers from time to time in connection with their function under this Article and may do so in such manner as appears appropriate to the Welsh Ministers from time to time.

(10.)

In this Article, in relation to an Appendix C certificate relating to a GB Annex 15 wine, ‘being checked by the Welsh Ministers’ means being checked by the Welsh Ministers:

(a)

at the Welsh Ministers’ own volition, or

(b)

following a request made under paragraph 3 or 5.

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.