The Wine (Revocation and Consequential Provision) Regulations 2023
S.I. 2023/1362 · Made 12 December 2023
Retained Eu Law Reform
Agriculture
Made
12th December 2023Coming into force
1st January 2024The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)f1.
The Secretary of State is a relevant national authority for the purpose of section 14(1) of the 2023 Actf2.
The Secretary of State has carried out a 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 safetyf3 in relation to the revisions to food law made by these Regulations.
In accordance with paragraph 5(5) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Contents
- 1Citation, commencement and interpretation
- 2Extent and application
- 3Revocation of secondary retained EU law
- 4Consequential provision
- Signature
- Schedule 1: Revocation of secondary retained EU law
- Schedule 2: Consequential provisions
- Part 1: Amendment consequential on the omissions made by regulation 3(1)
- 1Regulation (EU) No1308/2013
- Part 2: Amendments consequential on the omissions made by regulation 3(2) as read with Schedule 1
- 2Regulation (EU) No1308/2013
- 3Commission Delegated Regulation (EU) 2018/273
- 4Commission Implementing Regulation (EU) 2018/274
- 5Commission Delegated Regulation (EU) 2019/33
- 6Commission Delegated Regulation (EU) 2019/934
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Wine (Revocation and Consequential Provision) Regulations 2023.
These Regulations come into force on 1st January 2024.
In these Regulations—
“Regulation (EU) No 1308/2013” means Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural productsf1;
“Commission Delegated Regulation (EU) 2018/273” means Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No1308/2013 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 information, and supplementing Regulation (EU) No1306/2013 of the European Parliament and of the Council as regards the relevant checks and penaltiesf2;
“Commission Delegated Regulation (EU) 2019/33” means Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No1308/2013 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 presentationf3;
“Commission Delegated Regulation (EU) 2019/934” means Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) No1308/2013 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 filesf4;
“specified products” means the products listed in the Table in Part 12 of Annex 1 to Regulation (EU) No1308/2013 except for wine vinegar.
2Extent and application
These Regulations extend to the United Kingdom, subject to the following provisions of this regulation.
Subject to paragraph (3), any amendment or revocation of a provision in an enactment has the same extent as the provision amended or revoked.
3Revocation of secondary retained EU law
In Regulation (EU) No1308/2013, in Article 93(1) (definitions for the purpose of Section 2 of Chapter 1 of Title 2 of Part 2 of Regulation (EU) No1308/2013)—
in point (a) (definition of “a designation of origin”) omit point (iv) and the “and” before it;
in point (b) (definition of “a geographical indication”) omit point (iv) and the “and” before it.
The secondary retained EU law listed in column (1) of the Table in Schedule 1 is revoked to the extent specified in column (2) of that Table in relation to specified products wherever produced.
4Consequential provision
Part 1 of Schedule 2 contains an amendment consequential on the omissions made by regulation 3(1).
The secondary retained EU law specified in Part 2 of Schedule 2 is amended (in consequence of the omissions made by regulation 3(2) as read with Schedule 1) in relation to specified products wherever produced.
Signature
Mark Spencer
Minister of State
Department for Environment, Food and Rural Affairs
12th December 2023
1Regulation (EU) No1308/2013
In Regulation (EU) No1308/2013, in Article 93(2)(c) (designations of origin), for “(iv)” substitute “(iii)”.
2Regulation (EU) No1308/2013
In Regulation (EU) No1308/2013, in Article 191 (derogations for imported products and special security in the wine sector), in the first paragraph omit “or from Section C”.
3Commission Delegated Regulation (EU) 2018/273
Commission Delegated Regulation (EU) 2018/273 is amended as follows.
In Article 2(2) (definition of “producer”) omit “, with the exception of Article 47,”.
Omit Article 29(3)(f) (operations to be recorded in inward and outward registers kept by operators: production of fortifying wine for distillation).
4Commission Implementing Regulation (EU) 2018/274
Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No1308/2013 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) No1306/2013 of the European Parliament and of the Council as regards the relevant checksf1 is amended as follows.
Omit Article 1(b) (subject matter).
In Article 1a (the competent authorities) omit “the issue of permits under Article 12(3) and”.
Omit Chapter 3 (certification of wine products).
Omit Article 14(1)(b)(vii) (products to be entered in inward and outward registers kept by operators: by-products).
Omit Article 18(2) (information to be included in inward and outward registers kept by operators: withdrawn products).
5Commission Delegated Regulation (EU) 2019/33
Commission Delegated Regulation (EU) 2019/33 is amended as follows.
In Article 46 (indication of bottler, producer, importer and vendor)—
in the heading omit “, importer”;
in paragraph 1—
in the words before point (a) omit “and (f)”;
in point (a) omit the words from “, but” to the end;
omit point (d);
in point (f) for “, vendor or importer” substitute “or vendor”;
omit paragraph 4;
in paragraph 5—
in the first subparagraph, for “2, 3 and 4” substitute “2 and 3”;
in the second paragraph, in both places it occurs, omit “, importer”;
in paragraph 6, in the words before point (a) omit “, importer”.
Omit Article 49(2) (certification of certain grapevine products that bear an indication of their vintage year on their label).
In Article 50(2) (certification of certain grapevine products that bear an indication of the variety of grape used to produce them on their label) omit the first subparagraph.
In Article 51(1) (specific rules for the indication of wine grape varieties on grapevine products that do not bear a protected designation of origin or geographical indication) omit the words from “and provided” to “with”.
6Commission Delegated Regulation (EU) 2019/934
Commission Delegated Regulation (EU) 2019/934 is amended as follows.
In Article 7(1) (definition of “coupage”) omit the words from “referred” to “1308/2013”.
Omit Article 11 (general rules applicable to the enrichment, acidification and deacidification of products other than wine).
Omit Article 13 (fixing a minimum percentage of alcohol for by-products).
Omit Article 14 (disposal of by-products).
In Annex 1, in Part A (authorised oenological practices) omit “and Article 11 of this Regulation” in—
Table 1, in the rows relating to items 14 and 15, in the column numbered 2 entitled “Conditions and limits of use”;
Table 2, in the row relating to item 1.1, in the column numbered 7 entitled “Conditions and limits of use”.
Explanatory note
(This note is not part of the Regulations)
These Regulations revoke specified secondary retained EU law (within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28)) relating to certain products of the wine sector.
Regulation 3(1) revokes specified provisions relating to wine in Regulation (EU) No1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (EUR 2013/1308) (“Regulation (EU) No 1308/2103”).
Regulation 3(2) and Schedule 1 revoke—
specified provisions relating to products in the wine sector and by-products of winemaking in—
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No1308/2013 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 information, and supplementing Regulation (EU) No1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties (EUR 2018/273);
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No1308/2013 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 presentation (EUR 2019/33);
Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) No1308/2013 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 (EUR 2019/934);
Commission Implementing Regulation (EU) 2019/935 of 16 April 2019 laying down rules for the application of Regulation (EU) No1308/2013 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 (EUR 2019/935).
Regulation 4 and Schedule 2 make amendments consequent on the revocations effected by regulation 3 and Schedule 1. The amendments and revocations effected by regulations 3(2) and 4 (2), Schedule 1 and Part 2 of Schedule 2 apply in England only.
A full impact assessment of the effect that this instrument will have on the costs to business, the voluntary sector and the public sector is available from the Agri-food Chain Directorate, Department for Environment, Food and Rural Affairs, 2nd Floor Seacole Building, 2 Marsham Street, London SW1P 4DF and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.