Common Agricultural Policy (Wine) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/696 |
| Year | 1996 |
1996 No. 696
AGRICULTURE
The Common Agricultural Policy (Wine) Regulations 1996
Made 6th March 1996
Laid before Parliament 11th March 1996
Coming into force 1st April 1996
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations—
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1. These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1996, shall apply throughout the United Kingdom, and shall come into force on 1st April 1996.
Interpretation and revocation
2.—(1) In these Regulations, unless the context otherwise requires—
“analysis” has, in relation to England, Wales and Scotland, the same meaning as in section 53(1) of the Food Safety Act 19903and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 19914;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 19795, of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 19856, and of the Kingdom of Sweden, the Republic of Austria and the Republic of Finland signed respectively at Stockholm, Vienna and Helsinki on 24th June 19947, and where any such provision has been adapted by the European Economic Area Agreement, includes the adaptation to it effected thereby;
“controlled wine-sector product” means any wine-sector product the movement of which is for the time being prohibited pursuant to regulation 9;
“county” means in relation to England, a county established by section 1 of the Local Government Act 19728and in relation to Wales, a new principal area established by section 209of that Act and which is listed in Part I (counties)10of Schedule 4 to that Act;
“county borough” means a new principal area in Wales established by section 20 of the Local Government Act 1972 and which is listed in Part II (county boroughs)11of Schedule 4 to that Act;
“enforcement authority” means—
(a) in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
(b) in relation to England, the Minister of Agriculture, Fisheries and Food;
(c) in relation to Scotland or Wales, the Secretary of State;
(d) in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
(e) in relation to the area of a local authority, the local authority;
“establishment” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89, as amended, laying down general rules for the description and presentation of wines and grape musts12;
“the European Economic Area Agreement” has the same meaning as does “the Agreement” in section 6(1) of the European Economic Area Act 199313;
“examination” has, in relation to England, Wales and Scotland, the same meaning as in section 28(2) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
“food analyst” and “food examiner” respectively have, in relation to England, Wales and Scotland, the same meanings as in section 30(9) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meanings as in Articles 30(9) and 31(3) of the Food Safety (Northern Ireland) Order 1991;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89, as amended, laying down general rules for the description and presentation of wines and grape musts;
“local authority” means—
(i) as respects England and Wales, an authority (other than the council of a non-metropolitan district) which is a food authority for the purposes of the Food Safety Act 1990;
(ii) as respects Scotland, an authority which is a food authority for the purposes of the Food Safety Act 1990;
(iii) as respects Northern Ireland, a district council;
“manufacturing” means using wine or other wine-sector products, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
“relevant Community provision” means any Community provision referred to in column 1 or column 2 of Schedule 2 to these Regulations, the subject matter of which is described in column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company;
“wine” and “wine-sector product” shall include aromatized wine.
(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89laying down general rules on controls in the wine sector14and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91, as amended, laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails15.
(3) In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
(4) The Common Agricultural Policy (Wine) Regulations 199516are hereby revoked.
(5) In the application of Part III of these Regulations and Schedules 4 to 6, that Part and those Schedules shall be read in relation to any wine produced from grapes harvested—
(a)
(a) before 1st September 1993, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 199317;
(b)
(b) on or after 1st September 1993 and before 1st September 1994, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 199418;
(c)
(c) on or after 1st September 1994 and before 1st September 1995, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1995.
PART II
GENERAL PROVISIONS
Official functions and enforcement
3.—(1) Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated as—
(a)
(a) competent authorities for the purposes of the Community provisions, and
(b)
(b) agencies for the purpose of the discharge, in relation to the wine sector, of the official functions of agencies (other than intervention agencies) under the Community provisions.
(2) For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.
(3) Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.
(4) The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.
(5) The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) above.
(6) Nothing in this regulation shall be taken as authorising the Wine Standards Board or the Commissioners or, in relation to Scotland only, the Minister or a local authority to institute proceedings for an offence.
Definition of medium dry
4. For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90, as amended, laying down detailed rules for the description and presentation of wines and grape musts19, wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Geographical ascriptions for table wine
5.—(1) In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87, as amended, on the common organization of the market in wine20, the use of a geographical ascription for the designation of table wine...
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