The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003

Made: 27th January 2003

Laid before Parliament: 27th January 2003

Coming into force: 17th February 2003

The Secretary of State , being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, hereby makes the following Regulations—

Title, extent and commencement

1

These Regulations, which may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003, shall apply to England and Northern Ireland and shall come into force on 17th February 2003.

Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001

2

The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 shall be amended—

• (a) in regulation 2(1)—

• (i) by substituting for the definition of “specified regions”, the following definition: “ “specified region” means, for the purposes of point A of Annex VI to Council Regulation (EC) No. 1493/1999, all that area of England situated at an altitude below 220 metres above sea level; ”;

• (ii) by inserting, in its appropriate alphabetical place, the following definition—

• “wine sector product” for the purposes of these Regulations, includes any aromatized wine;

• (iii) in the definition of “the Wine Standards Board” by substituting for the words “of the Vintners' Company”, the words “ , a company limited by guarantee with company registration number 1127386 ”;

• (b) in regulations 5, 6(1), 6(3)(a) and 6(4), by substituting for the words “England or Northern Ireland”, the words “ the specified region ”;

• (c) in regulations 5, 14 and 16, by substituting for the words “specified regions” the words “ specified region ”;

• (d) by inserting after regulation 6, the following regulations—

(6A) Declarations submitted each year for the purposes of Articles 2 and 4 of Commission Regulation (EC) 1282/2001 shall take into account the quantities held at 1 December in that year. (6B) A notification of enrichment as referred to in Annex V(G)(5) to Council Regulation (EC) 1493/1999 shall be submitted to the competent body at least 48 hours prior to the commencement of the enrichment operation.

• (e) by substituting for paragraph (1) of regulation 8 the following paragraph—

(8) (1) Where an authorised officer inspects any wine sector product he may prohibit its being moved if he has reason to believe— (a) an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in column 1 or 2 of Part I, II, III, V or IX of Schedule 2; (b) there is, or is likely to be, a risk to public health in relation to that product; or (c) there has been or is likely to be, any fraudulent treatment of that product.

• (f) by deleting regulation 13;

• (g) by substituting for Schedule 1, the Schedule set out in the Schedule to these Regulations;

• (h) in item 1 of Part 1 of Schedule 2, by substituting for the entry in column 2 the words—

Regulation 884/2001: All articles except 1, 2, 9, 17, 18, 20, 21, 22 and 23

• (i) in item 1 of Part IV of Schedule 2, by substituting for the entry in column 2 the words

Regulation 1282/2001: Articles 2, 3, 4, 6 and 11

• (j) by substituting for item 1 of Part V of Schedule 2, the following item—

• (k) in column 1 of Schedule 3, by deleting the asterisk before the names of the following varieties: “Orion”, “Phoenix”, “Regent” and “Rondo (GM 6494/5)”;

• (l) by deleting Schedule 4;

• (m) in item 2 of Schedule 5, by substituting—

• (i) for the words “Total Dry Extract”, the words “ Total Sugar-free Dry Extract ”; and

• (ii) for “15 g/l”, “ 14 g/l ”; and

• (n) in item 4 of Schedule 5, by substituting for “5 g/l”, “ 4 g/l ”.

SCHEDULE

Signed

Whitty — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2003-01-27

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^f00002]: S.I. 1972/1811. The continued power of the Minister to make Regulations for Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

[^f00003]: 1972 c. 68.

[^f00004]: S.I. 2001/686.

[^f00005]: In relation to regulation 6A, the reference is to Commission Regulation (EC) 1282/2001 (OJ No. L176, 29.6.2001, 14).

[^f00006]: In relation to Council Regulation (EEC) No. 2392/86, see also the Agreement on the European Economic Area, Protocols 1 (OJ No. L1, 3.1.94, p.37) and 47 (OJ No. L1, 3.1.94, p.210).

Editorial notes

[^c4986971]: The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^c4986981]: S.I. 1972/1811. The continued power of the Minister to make Regulations for Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

[^c4986991]: 1972 c. 68.

[^c4987001]: S.I. 2001/686.

[^c4987011]: In relation to regulation 6A, the reference is to Commission Regulation (EC) 1282/2001 (OJ No. L176, 29.6.2001, 14).

[^c4987021]: In relation to Council Regulation (EEC) No. 2392/86, see also the Agreement on the European Economic Area, Protocols 1 (OJ No. L1, 3.1.94, p.37) and 47 (OJ No. L1, 3.1.94, p.210).

[^key-3ce1a76f51e6e64f269b6051877353d3]: Regulations revoked (E.) (30.3.2009) by The Wine Regulations 2009 (S.I. 2009/386), regs. 1, 17(b)