OpenLegislation

The Wine Regulations 2011

S.I. 2011/2936 · Made 6 December 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Agriculture

Made 6th December 2011

Laid before Parliament 9th December 2011

Coming into force 30th December 2011

The Secretary of State has carried out a public consultation in accordance with Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf1.

The Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972f2 and it appears to the Secretary of State that it is expedient for the European Union instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.C1

The Secretary of State is a Minister designatedf3 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union, and makes these Regulations under the powers conferred by that section and by paragraph 1A of Schedule 2 to that Actf4.

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 9, Sch.

Footnotes

f1

OJ No L 31, 1.2.2002, p1, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p14).

f2

1972 c. 68. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

f3

S.I. 1972/1811. The function of the Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

f4

Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

Contents

  1. Part 1: Introduction
  2. 1Title, commencement and extent
  3. 2Interpretation
  4. 3Official functions and enforcement
  5. 4The competent authority
  6. Part 2: Vineyard information, protected geographical indications and protected designations of origin
  7. 5Information to be provided about the vineyard
  8. 6Protected geographical indications and protected designations of origin
  9. Part 3: Enforcement
  10. 6AThe 1416/2006 prohibition
  11. 7Disclosure of information
  12. 8Powers of authorised officers
  13. 9Warrant
  14. 10Warning notices
  15. 11Enforcement notices
  16. 12Prohibition notices
  17. 13Appeals against notices etc.
  18. 14Offences
  19. 15Penalties
  20. 16Proceedings against partnerships and unincorporated associations
  21. 17Offences by bodies corporate, partnerships and unincorporated associations
  22. 17ATransitional provision: the Trade and Cooperation Agreement
  23. Part 4: Final provisions
  24. 18Review
  25. 19Amendments of other legislation
  26. 20Revocations Repealed
  27. Signature
  28. Schedule 1: Protected geographical indications
  29. 1Introductory
  30. 2Names and geographical areas
  31. 3Applicable requirements for wine other than quality sparkling wine
  32. 4Applicable requirements for quality sparkling wine
  33. Schedule 2: Protected designations of origin
  34. 1Introductory
  35. 2Names and geographical areas
  36. 3Applicable requirements for wine other than quality sparkling wine
  37. 4Applicable requirements for quality sparkling wine
  38. Explanatory note

1Title, commencement and extentE1 E+W+S

(1)

These Regulations may be cited as the Wine Regulations 2011.

(2)

They come into force on 30th December 2011.

(3)

In regulation 19, an amendment of an enactment has the same extent as that enactment F1...

F2(4)

All the other provisions extend to Great Britain.

2InterpretationE1 E+W+S

(1)

In these Regulations—

(a)

references to F1any of the Regulations listed in the definition of “the F2assimilated Regulations” in paragraph (2) are references to those instruments as amended from time to time;

(b)

terms used in the F3assimilated Regulations have the same meaning as in those Regulations.

(2)

In these Regulations—

  • F4“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);

  • F5“the Agency” means—

    1. (a)

      in relation to England F6and Wales, the Food Standards Agency; or

    2. (b)

      in relation to Scotland, Food Standards Scotland,

  • “authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,

  • F7premises” includes any land or vehicle;

  • F8“the F9assimilated Regulations” means—

    1. (a)

      F10...

    2. (b)

      the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),

    3. (c)

      Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,

    4. (d)

      Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine productsf1,

    5. (e)

      Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified informationf2 (“Commission Regulation (EU) 2018/273”),

    6. (f)

      Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checksf3 (“Commission Implementing Regulation (EU) 2018/274”),

    7. (g)

      Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentationf4,

    8. (h)

      Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;

    9. (i)

      F11Commission 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;

    10. (j)

      Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;

  • F12... and

  • “wine sector product” means a product mentioned in F13Part II of Annex VII to Regulation (EU) 2013.

3Official functions and enforcementE1 E+W+S

F1(1)

The local authority enforces the F2assimilated Regulations and the 1416/2006 prohibition in relation to retail sale.

(2)

The Secretary of State, general customs officials and the F3... Agency enforce them in relation to import and export.

(3)

In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.

F4(4)

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

(5)

Otherwise the F5... Agency or the Secretary of State enforce these Regulations and the F6F7assimilated Regulations.

(6)

In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.

(7)

Each of these is referred to as “an enforcement authority”.

F8(8)

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

F9(8A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

(9)

Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

F10(10)

In this regulation—

(a)

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

(b)

“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990.

4The competent authorityE1 E+W+S

(1)

F1In respect of Great Britain, the Secretary of State is the competent authority for F2... the F3F4assimilated Regulations F5and the 1416/2006 prohibition.

(2)

But—

(a)

the F6... Agency is the competent authority for the purposes of—

(i)

the reception of any information or declarations that must be submitted to the competent authority F7... under the F8assimilated Regulations,

(ii)

F9Article 146(1) of Regulation (EU) 2013, F10...

F11(iii)

Article 12 of Commission Implementing Regulation (EU) 2018/274; and

F12(iv)

Article 19 of Commission Regulation (EU) 2018/273.

F13(b)

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

(3)

In relation to Scotland——

(a)

the reference in paragraph (1) to “The Secretary of State” is to be read, in relation to the competent authority, as a reference to “The Scottish Ministers”; and

F14(b)

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

5Information to be provided about the vineyardF1 E+W+S+N.I.

(1)

A person who plants vines of more than 0.1 hectare, or who has increased an existing plantation of vines to one of more than 0.1 hectare, must notify the Agency of the location of the vineyard and the variety or varieties of grape vine planted.

(2)

The notification required by paragraph (1) must be given within 6 months of the date of the event which triggered that requirement.

6Protected geographical indications and protected designations of originF1 E+W+S+N.I.

(1)

Schedule 1 (protected geographical indications) has effect.

(2)

Schedule 2 (protected designations of origin) has effect.

6AThe 1416/2006 prohibitionF1 E+W+S+N.I.

(1)

In these Regulations, “the 1416/2006 prohibition” means the prohibition contained in the first sentence of Article 1 of Regulation (EC) No 1416/2006 (prohibiting the use of a US name of origin listed in the Annex to that Regulation for a wine unless it is used to designate a wine of the origin indicated by such name) as read with paragraph (2).

(2)

The prohibition referred to in paragraph (1) does not apply in relation to the use of a US name of origin listed in the Annex to Regulation (EC) No 1416/2006 for a wine where—

(a)

the name of origin used for the wine is homonymous with the US name of origin, the wine originates from the place with the homonymous name and the name is used in such a way that consumers will not be misled, or

(b)

the name is used in the course of trade by the person under whose name the wine is produced and marketed and the US name of origin is the same as the name of that person or a predecessor of that person in business and is used in such a way that consumers will not be misled.

(3)

In this regulation, “Regulation (EC) No 1416/2006” means Commission Regulation (EC) No 1416/2006 laying down specific rules on the implementation of Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine concerning the protection of US names of origin in the Community.

7Disclosure of informationE1 E+W+S

(1)

The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Secretary of State or the F1... Agency for the purposes of the F2F3assimilated Regulations or these Regulations.

(2)

Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.

8Powers of authorised officersE1 E+W+S

(1)

An authorised officer may, on producing a duly authenticated authorisation if required, at any reasonable time enter any premises (except those used wholly or mainly as a private dwellinghouse) for the purpose of executing or enforcing the F1F2assimilated Regulations F3, the 1416/2006 prohibition or these Regulations.

(2)

An authorised officer who has entered premises, whether under paragraph (1) or under the authority of a warrant under regulation 9, may—

(a)

inspect any materials or articles;

(b)

have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(c)

have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records, and may require any person to afford such assistance as may reasonably be required (including the provision of passwords), and may require any computer records to be produced in a form in which they may be taken away;

(d)

seize and retain anything required as evidence in proceedings under these Regulations;

(e)

undertake an inventory of wine sector products and of anything which may be used in the preparation of wine sector products; and

(f)

purchase or take samples of any wine sector product and of anything which may be used in the preparation of wine sector products.

(3)

An authorised officer who has procured a sample of any wine sector product or of anything which may be used in the preparation of such a product may analyse or examine that sample or have that sample analysed or examined.

F4(4)

An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.

9WarrantE1 E+W+S

(1)

If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, F1... is satisfied—

(a)

that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the F2F3assimilated Regulations F4, the 1416/2006 prohibition or these Regulations; and

(b)

that any of the conditions in paragraph (2) are met,

the justice may by signed warrant authorise F5an authorised officer to enter the premises, if need be by reasonable force.

(2)

The conditions are that—

(a)

admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;

(b)

asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;

(c)

entry is required urgently; or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(3)

A warrant is valid for three months.

(4)

An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

F6(5)

In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.

10Warning noticesE1 E+W+S

(1)

An authorised officer who believes that a person has contravened any provision of the F1F2assimilated Regulations F3or the 1416/2006 prohibition may serve a notice under this regulation on the person (a “warning notice”).

(2)

A warning notice must—

(a)

state the provision of the F4assimilated Regulations that the officer believes has been breached F5or, if relevant, state that the officer believes that the 1416/2006 prohibition has been contravened;

(b)

notify the person that any future breach of that provision by them may render the person liable to prosecution; and

(c)

give details of the right of appeal against the notice.

11Enforcement noticesE1 E+W+S

(1)

An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.

(2)

An authorised officer may serve an enforcement notice on a person if the officer is of the opinion that the person—

(a)

has contravened regulation 5; F1...

(b)

has contravened, is contravening or is likely to contravene any provision of the F2F3assimilated Regulations F4; or

F5(c)

has contravened the 1416/2006 prohibition.

(3)

An enforcement notice must—

(a)

state that the officer is of that opinion;

(b)

specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c)

specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;

(d)

specify the period within which those steps must be taken; and

(e)

give details of the right of appeal against the notice.

12Prohibition noticesE1 E+W+S

(1)

A prohibition notice is a notice prohibiting the movement, marketing or export of a wine sector product.

(2)

An authorised officer may serve a prohibition notice on a person who appears to be in control of a wine sector product if the officer is of the opinion that there has been or may have been a contravention of any provision of the F1F2assimilated Regulations F3or the 1416/2006 prohibition in relation to the product.

(3)

A prohibition notice must give details of the right of appeal against the notice.

(4)

The officer may mark any wine sector product or container in relation to which a prohibition notice has been served (and remove or alter any such mark).

13Appeals against notices etc. E+W+S+N.I.

(1)

A person who is aggrieved by a notice served under these Regulations may appeal against it.

(2)

The right of appeal is to a person nominated by the F1... Agency.

(3)

An appeal must be brought within the period of 28 days beginning with the date on which the notice is served.

(4)

A notice is not suspended pending an appeal unless the person nominated under paragraph (2) decides otherwise.

(5)

The person hearing the appeal may either cancel or confirm the notice, with or without modification.

(6)

A notice must be in writing.

(7)

An authorised officer may at any time withdraw or vary a notice in writing.

(8)

A person on whom an enforcement notice or a prohibition notice is served must comply with it at their own expense.

14OffencesE1 E+W+S

(1)

A person who breaches any of the following provisions of the F1F2assimilated Regulations is guilty of an offence—

(a)

F3Article 103(2) of Regulation (EU) 2013 (which provides protection for protected designations of origin and protected geographical indications and the wines using those protected names in conformity with the product specification);

(b)

the first sub-paragraph of F4Article 113(1) of Regulation (EU) 2013 (which protects the use of traditional terms for products produced in accordance with Article 112);

(c)

F5Article 80(1), third sub-paragraph, of Regulation (EU) 2013 (which requires that wine sector products are produced and conserved in accordance with EU laws);

(d)

F6Article 90(2) of Regulation (EU) 2013 (which concerns the production requirements for wine imported into the EU);

F7(e)

Article 29 of Commission Regulation (EU) 2018/273 (which requires operations to be recorded in the register).

F8(1A)

Any person who contravenes the 1416/2006 prohibition is guilty of an offence.

(2)

It is an offence for a person to—

(a)

fail to comply with an enforcement notice or a prohibition notice;

(b)

fail to comply with a provision of the F9assimilated Regulations at any time after that person has received a warning notice in respect of that provision.

(3)

It is an offence—

(a)

intentionally to obstruct an authorised officer acting in the execution of these Regulations or of the F10assimilated Regulations (including obstruction by the alteration or removal of a mark made under regulation 12(4));

F11(aa)

intentionally to obstruct an authorised officer acting in the enforcement of the 1416/2006 prohibition;

(b)

without reasonable cause, to fail to give to any such officer any assistance or information which that officer may reasonably require;

(c)

to furnish to any such officer any information knowing it to be false or misleading; or

(d)

to fail to produce a document, record or passport to any such officer when required to do so.

(4)

It is an offence for a person, including a servant of the Crown, to disclose any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1) if—

(a)

the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,

(b)

the disclosure is for a purpose other than that specified in regulation 7(1), and

(c)

the Commissioners have not given their prior consent to the disclosure.

(5)

It is a defence for a person charged with an offence under paragraph (4) to prove that the person reasonably believed—

(a)

that the disclosure was lawful, or

(b)

that the information had already and lawfully been made available to the public.

15Penalties E+W+S+N.I.

A person guilty of an offence under these Regulations is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum; or

(b)

on conviction on indictment, to a fine.

16Proceedings against partnerships and unincorporated associations E+W+S+N.I.

(1)

Proceedings for an offence under these Regulations alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.

(2)

For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate—

(a)

rules of court relating to the service of documents;

(F1b)

section 33 of the Criminal Justice Act 1925f1 and Schedule 3 to the Magistrates’ Court Act 1980f2;

(c)

section 70 and section 143 of the Criminal Procedure (Scotland) Act 1995f3;

(F2d)

section 18 of the Criminal Justice Act (Northern Ireland) 1945f4 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981f5.

(3)

A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.

17Offences by bodies corporate, partnerships and unincorporated associations E+W+S+N.I.

(1)

Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)

any director, manager, secretary or other similar officer of the body corporate, or

(b)

any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence.

(2)

In paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3)

Where a partnership or a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.

(4)

In paragraph (3) “partner” includes a person purporting to act as a partner.

(5)

Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.

(6)

In paragraph (5) “officer”, in relation to an unincorporated association, means—

(a)

an officer of the association or a member of its governing body; or

(b)

a person purporting to act in that capacity.

17ATransitional provision: the Trade and Cooperation AgreementF1 E+W+S

(1)

An authorised officer must not take any enforcement action under this Part, and an enforcement authority, and the Director of Public Prosecutions, must not prosecute an offence under regulation 14 (offences), in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1st May 2021) that is placed on the market in Great Britain—

(a)

by a wholesaler or producer during the period beginning on 1st January 2022 and expiring on 1st May 2023;

(b)

by a retailer on or after 1st January 2022.

(2)

In this regulation—

(a)

“enforcement action” means the service of a notice under regulation 10 (warning notices), 11 (enforcement notices) or 12 (prohibition notices);

(b)

“enforcement authority” has the same meaning as in regulation 3(7);

(c)

“EU Annex 15 wine” means wine—

(i)

to which Article 5 (transitional measures) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and

(ii)

that is imported into Great Britain from a member State;

(d)

“the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

(3)

In this regulation, “placed on the market” is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

18Review E+W+S+N.I.

(1)

The Secretary of State must from time to time—

(a)

carry out a review of these Regulations;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by these Regulations;

(b)

assess the extent to which the objectives have been achieved;

(c)

assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3)

The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4)

Reports under this regulation are afterwards to be published at intervals not exceeding five years.

19Amendments of other legislation E+W+S+N.I.

(1)

The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order 1988f1 is amended as follows—

(a)

in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and

(b)

in the second column (product definition)—

(i)

for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007f2 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,

(ii)

for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/2009f3 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,

(iii)

for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and

(iv)

for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.

(2)

The table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989f4 is amended as follows—

(a)

in the first column (product), for the entry in the third row (sparkling wine), substitute “sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine”, and

(b)

in the second column (product definition)—

(i)

for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”,

(ii)

for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” listed and defined in the “E-Bacchus” database in accordance with Article 40(1) of Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products”,

(iii)

for the entry in the third row (sparkling wine), substitute “as those wines are defined (respectively) in points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”, and

(iv)

for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.

F1(3)

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

(4)

The Food Labelling Regulations (Northern Ireland)1996f5 are amended as follows—

(a)

in regulation 2(1)—

(i)

for the definition of “Community controlled wine”, substitute ““Community controlled wine” means wine, grape must, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine and liqueur wine;”,

(ii)

for the definition of “grape must”, substitute ““grape must” has the meaning given in point 10 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,

(iii)

for the definition of “liqueur wine”, substitute ““liqueur wine” has the meaning given in point 3 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”,

(iv)

for the definitions of “sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine”, substitute ““sparkling wine”, “quality sparkling wine”, “quality aromatic sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” have the meanings given in (respectively) points 4, 5, 6, 7, 8 and 9 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”, and

(v)

for the definition of “wine”, substitute ““wine” has the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;”;

(b)

in regulation 4(2)—

(i)

for sub-paragraph (h), substitute—

“(h)

wines or grape musts, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;”,

(ii)

for sub-paragraph (i), substitute—

“(i)

sparkling wines, quality sparkling wines, aerated sparkling wines and quality aromatic sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;”,

(iii)

for sub-paragraph (j), substitute—

“(j)

liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products;”;

(c)

in regulation 22, for paragraph (b), substitute—

“(b)

wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, aromatised wine and any similar drink obtained from fruit other than grapes;”;

(d)

in regulation 43(1) and (2), for each occurrence of “wine as defined in Annex I to Council Regulation (EEC) No 822/87”, substitute “wine within the meaning given in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”; and

(e)

in the second column (ingredients) of the table in Schedule 3, for the entry in the last row (wine), substitute “any type of wine defined in Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products”.

20RevocationsF1 E+W+S+N.I.

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

Signature E+W+S+N.I.

Jim Paice

Minister of State

Department for Environment, Food and Rural Affairs

1IntroductoryF1 E+W+S+N.I.

This Schedule sets out the names, geographical areas and applicable requirements for the purposes of F2Article 94(2)(h) of Regulation (EU) 2013 for the protected geographical indications “English Regional” and “Welsh Regional”.

2Names and geographical areasF1 E+W+S+N.I.

The geographical area in relation to the protected geographical indication—

(a)

“English Regional” is England; and

(b)

“Welsh Regional” is Wales.

3Applicable requirements for wine other than quality sparkling wineF1 E+W+S+N.I.

(1)

The applicable requirements for wine other than quality sparkling wine are as follows.

(2)

The wine must come from a batch of wine—

(a)

for which the maximum yield for each hectare of land cultivated with vines for producing the wine was 100 hectolitres;

(b)

that has been organoleptically tested to be free from taints; and

(c)

that meets the standards set out in the following table.

Standards for wine other than quality sparkling wine (PGIs)

FactorStandard to be met
Actual alcoholic strengthA minimum of 8.5%.
Total acidityA minimum of 4 grams per litre expressed as tartaric acid.
Volatile acidity

In the case of grape must in fermentation, a maximum of 18 milliequivalents per litre;

In the case of white and rosé wines, 18 milliequivalents per litre;

In the case of red wine, 20 milliequivalents per litre.

Total sulphur dioxide

In the case of wine with more than 45 grams per litre of residual sugar, a maximum of 300 milligrams per litre;

In the case of red wine with less than 45 grams per litre but not less than 5 grams per litre of residual sugar, a maximum of 200 milligrams per litre;

In the case of white or rosé wine with less than 45 grams per litre but not less than 5 grams per litre of residual sugar, a maximum of 250 milligrams per litre;

In the case of red wine with less than 5 grams per litre of residual sugar, a maximum of 150 milligrams per litre;

In the case of white or rosé wine with less than 5 grams per litre of residual sugar, a maximum of 200 milligrams per litre.

Free sulphur dioxide

In the case of a dry wine, a maximum of 45 milligrams per litre;

In the case of any other wine, a maximum of 60 milligrams per litre.

CopperA maximum of 0.5 milligrams per litre.
IronA maximum of 8 milligrams per litre.
SterilityThere must be no indication of yeasts or bacteria likely to cause spoilage.
Protein stabilityThe wine must remain unchanged in appearance after being held at 70ºC for 15 minutes and subsequently cooled to 20ºC.

4Applicable requirements for quality sparkling wineF1 E+W+S+N.I.

(1)

The applicable requirements for quality sparkling wine are as follows.

(2)

The wine must come from a batch of wine—

(a)

for which the maximum yield for each hectare of land cultivated with vines for producing the wine was 100 hectolitres;

(b)

that—

(i)

is produced from cuveés with a total alcoholic strength of 9% or more by volume;

(ii)

has been obtained by secondary alcoholic fermentation of fresh grapes, grape must or wine in the bottle;

(iii)

has had a minimum of nine months of uninterrupted secondary fermentation, within the same undertaking, on the yeast lees, which has subsequently been removed by disgorgement; and

(iv)

has been organoleptically tested to be free from taints; and

(c)

that meets the standards set out in the following table.

Standards for quality sparkling wine (PGIs)

FactorStandard to be met
Natural alcoholA minimum of 6% before enrichment.
Actual alcoholic strengthA minimum of 10%.
Total acidityA minimum of 4 grams per litre expressed as tartaric acid.
Volatile acidityA maximum of 18 milliequivalents per litre.
Total sulphur dioxideA maximum of 185 milligrams per litre.
CopperA maximum of 0.5 milligrams per litre.
IronA maximum of 8 milligrams per litre.
Chill stabilityThere must be no crystal deposits when the wine is held at 2°C for 36 hours.
PressureThe wine must be at a pressure of not less than 3.5 bars when measured at 20°C.

1IntroductoryF1 E+W+S+N.I.

This Schedule sets out the names, geographical areas and applicable requirements for the purposes of F2Article 94(2)(h) of Regulation (EU) 2013 for the protected designations of origin, “English” and “Welsh”.

2Names and geographical areasF1 E+W+S+N.I.

The geographical area in relation to the protected designation of origin—

(a)

“English” (which applies in respect of wine and quality sparkling wine) is England; and

(b)

“Welsh” (which applies in respect of wine and quality sparkling wine) is Wales.

3Applicable requirements for wine other than quality sparkling wineF1 E+W+S+N.I.

(1)

The applicable requirements for wine other than quality sparkling wine are as follows.

(2)

The wine must come from a batch of wine—

(a)

for which the maximum yield for each hectare of land cultivated with vines for producing the wine was 80 hectolitres;

(b)

for which the vines were grown at or below 220 metres above sea level;

(c)

that has been organoleptically tested to be free from taints; and

(d)

that meets the standards set out in the following table.

Standards for wine other than quality sparkling wine (PDOs)

FactorStandard to be met
Natural alcoholA minimum of 6% before enrichment.
Actual alcoholic strength8.5% in the case of wine having a natural alcoholic strength of less than 10%.
Total alcoholic strengthA minimum of 9%.
Total acidityA minimum of 4 grams per litre expressed as tartaric acid.
Volatile acidity

In the case of grape must in fermentation, a maximum of 18 milliequivalents per litre;

In the case of white and rosé wine, a maximum of 18 milliequivalents per litre;

In the case of red wine, a maximum of 20 milliequivalents per litre.

Total sulphur dioxide

In the case of wine with more than 45 grams per litre of residual sugar, a maximum of 300 milligrams per litre;

In the case of red wine with less than 45 grams per litre but not less than 5 grams per litre of residual sugar, a maximum of 200 milligrams per litre;

In the case of white or rosé wine with less than 45 grams per litre, but not less than 5 grams per litre of residual sugar, a maximum of 250 milligrams per litre;

In the case of red wine with less than 5 grams per litre of residual sugar, a maximum of 150 milligrams per litre;

In the case of white or rosé wine with less than 5 grams per litre of residual sugar, a maximum of 200 milligrams per litre.

Free sulphur dioxide

In the case of a dry wine, a maximum of 45milligrams per litre;

In the case of any other wine, a maximum of 60 milligrams per litre.

CopperA maximum of 0.5 milligrams per litre.
IronA maximum of 8 milligrams per litre.
SterilityThere must be no indication of yeasts or bacteria likely to cause spoilage.
Protein stabilityThe wine must remain unchanged in appearance after being held at 70°C for 15 minutes and subsequently cooled to 20°C.

4Applicable requirements for quality sparkling wineF1 E+W+S+N.I.

(1)

The applicable requirements for quality sparkling wine are as follows.

(2)

The wine must come from a batch of wine—

(a)

for which the maximum yield for each hectare of land cultivated with vines for producing the wine was 80 hectolitres;

(b)

that is produced in the protected designation of origin from vines of any of the following varieties—

(i)

Chardonnay;

(ii)

Pinot Noir;

(iii)

Pinot Noir Précoce;

(iv)

Pinot Meunier;

(v)

Pinot Blanc;

(vi)

Pinot Gris;

(c)

that—

(i)

is produced from cuveés with a total alcoholic strength of 9% or more by volume;

(ii)

has been obtained by first or second alcoholic fermentation of fresh grapes, grape must or wine;

(iii)

has been subject to secondary fermentation in the bottle;

(iv)

has had a minimum of nine months of uninterrupted secondary fermentation within the same undertaking on the yeast lees, which have subsequently been removed by disgorgement;

(v)

when the container is opened, releases carbon dioxide derived exclusively from fermentation; and

(vi)

has been organoleptically tested to be free from taints and other faults; and

(d)

that meets the standards set out in the following table.

Standards for quality sparkling wine (PDOs)

FactorStandard to be met
Natural alcoholA minimum of 6% before enrichment of the must.
Actual alcoholic strengthA minimum of 10%.
Total acidityA minimum of 4 grams per litre expressed as tartaric acid.
Volatile acidity

A maximum of 18 milliequivalents per litre;

Total sulphur dioxideA maximum of 185 milligrams per litre.
CopperA maximum of 0.5 milligrams per litre.
IronA maximum of 8 milligrams per litre.
Chill stabilityThere must be no crystal deposits when the wine is held at 2°C for 36 hours.
PressureThe wine must be at a pressure of not less than 3.5 bars when measured at 20°C, but this requirement does not apply when it is in 25 centilitre bottles.

Explanatory note E+W+S+N.I.

(This note is not part of the Regulations)

These Regulations enforce in the United Kingdom—

Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ No L 149, 14.6.1991, p.1);

the provisions of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) relating to wine (OJ No L 299, 16.11.20007, p.1);

Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ No L 170, 30.6.2008, p.1);

Commission Regulation (EC) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ No L 128, 27.5.2009, p.15);

Commission Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ No L 193, 24.7.2009, p.1);

Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ No L 193, 24.7.2009, p.60).

These are defined as “the European Regulations” in regulation 2.

Regulation 3 sets out the enforcement authority for the purposes of the European Regulations and regulation 4 sets out the competent authority.

Regulation 5 requires those who plant more than 0.1ha of vines and are not already registered to register with the Food Standards Agency.

Regulation 6 and Schedules 1 and 2 set out the requirements for protected geographical indications and protected designations of origin.

Regulations 8 to 17 set out enforcement related provision. In particular, regulation 14 creates offences in relation to breach of the European Regulations and regulation 15 sets out the penalties on conviction.

Regulation 18 requires the Secretary of State to review these Regulations and publish a report at a maximum interval of every five years.

Regulation 19 makes amendments consequential on repeals made by the European Regulations.

An impact assessment for this instrument has not been produced as no impact on the private, voluntary or public sectors is foreseen.