The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004

Made: 2nd April 2004

Laid before Parliament: 5th April 2004

Coming into force: 29th April 2004

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 and commencement

1

These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004 and shall come into force on 29th April 2004.

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 “Community provision” the following definition—

“Community provision” means any provision of the Regulations and Decisions of the European Communities which are listed in Schedule 1 including any amendments made to any of those provisions by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded signed on 16th April 2003;

; and

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

• “Council Regulation (EC) No. 1493/1999” means Council Regulation (EC) No. 1493/1999 on the common organisation of the market in wine as last amended by Council Regulation (EC) No. 2585/2001 ;

• (b) by substituting for regulation 6, the following regulations—

(5A) (1) In pursuance of Article 51(3) of Council Regulation (EC) No. 1493/1999, the use of a geographical indication for the designation of a table wine produced in any part of England or Northern Ireland is prohibited unless the wine comes 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 produced wholly from one or more of the varieties of vine specified in Schedule 3; (c) that has been produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine; (d) that has a minimum natural alcoholic strength of 6%; (e) that has a minimum acidity of 4 g/l; (f) for which a certificate has been issued by the producer of the wine certifying that, in accordance with the provisions of Schedule 6, analytical tests of the wine in that batch have been carried out in respect of the factors specified in that Schedule, and it has been found to satisfy the standards specified in that Schedule; and (g) that has been found to be of a satisfactory organoleptic standard for a regional wine in accordance with paragraph (3). (2) Notwithstanding paragraph (1)(c) above, a geographical indication may be used to designate a table wine obtained by the coupage of wines as permitted by Article 51(2) of Council Regulation (EC) No. 1493/1999. (3) For the purposes of paragraph (1)(g), a wine shall be regarded as being of a satisfactory organoleptic standard for a regional wine if— (a) a certificate has been issued by a recognised organoleptic assessment panel certifying that it has carried out an organoleptic assessment of the wine and has found it to be of a satisfactory organoleptic standard for a regional wine, or (b) the wine has been highly commended or awarded a bronze, silver or gold award at a competition— (i) authorised by the Secretary of State and notified to the Commission pursuant to Article 21 of Commission Regulation (EC) No. 753/2002 laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as last amended by Commission Regulation (EC) No. 316/2004 , and (ii) run with complete impartiality. (4) Subject to point A, paragraph 2, of Annex VII to Council Regulation (EC) No. 1493/1999, no geographical indication other than the name of a geographical unit shall be used on the labelling or advertising of a table wine produced in any part of England or Northern Ireland. (5) For the purposes of this regulation, “geographical unit” means any of the geographical units to which Schedule 7 applies. (6) In this regulation and regulation 6— - “accredited organiser” means a person accredited by the Secretary of State as specified in regulation 6(2); and - “organoleptic assessment panel” means a panel appointed to carry out an organoleptic assessment of wine submitted to it to determine whether such wine is of a satisfactory organoleptic standard for a regional wine, and “recognised organoleptic assessment panel” means an organoleptic assessment panel appointed by an accredited organiser which carries out assessments and issues certificates in accordance with the accreditation. (6) (1) An application for accreditation as an organiser of an organoleptic assessment panel shall be made to the Secretary and State and shall specify— (a) the criteria the applicant will use in selecting panel members; (b) the method of organoleptic assessment that a panel appointed by him will be required to use to determine whether wine submitted to it is of a satisfactory standard for regional wine; and (c) the basis on which a determination will be made by the panel as to whether the wine is of a satisfactory organoleptic standard for a regional wine. (2) The Secretary of State shall— (a) grant accreditation to the applicant as an organiser of an organoleptic assessment panel if she is satisfied that— (i) the applicant is a fit and proper person to appoint such a panel; (ii) the criteria that the applicant will use in selecting panel members will result in persons with a wide variety of interests in wine and the wine industry (which may include consumers of wine) being selected as members of the panel; (iii) the method of organoleptic assessment that the panel will use is a satisfactory method of assessment for determining whether wine is of a satisfactory standard for a regional wine; and (iv) the basis on which a determination will be made by a panel as to whether the wine is of a satisfactory organoleptic standard for a regional wine is a satisfactory basis for making such a determination, and (b) in any other case refuse the application. (3) The Secretary of State shall notify the applicant of her decision under paragraph (2) within fourteen days of reaching a decision. (4) Where the decision notified under paragraph (3) is a decision to refuse accreditation, the notification shall include the reason for that decision. (5) Subject to paragraph (7), where accreditation is granted under paragraph (2), it shall remain in force for such period as may be specified by the Secretary of State in the accreditation. (6) An accredited organiser shall select panel members in accordance with the criteria specified in his application and shall require any panel appointed by him to use the method of assessment specified in that application and to make determinations as to whether the wine has been found to be of a satisfactory standard for a regional wine on the basis specified in that application. (7) The Secretary of State may cancel the accreditation of an organiser of an organoleptical assessment panel where it appears to her that the person who is accredited is not a fit and proper person to organise such a panel or has failed to comply with the requirements of paragraph (6). (8) Where the Secretary of State in accordance with paragraph (7) cancels an accreditation, she shall serve on the organiser concerned notice of— (a) her decision; (b) the reason for the decision; and (c) the date when the cancellation will take effect. (9) The accreditation of an organiser of an organoleptic assessment panel shall be deemed to be cancelled in a case where the person who is accredited requests that his accreditation should be cancelled and such cancellation shall take effect from the date of cancellation specified by that person.

• (c) in regulation 16 (maximum yield), by substituting for the number “100” the number “80”;

• (d) in regulation 19(1) (offences and penalties), by substituting for “ regulation 6 ” the words “regulation 5A”;

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

• (f) by substituting for items 1 and 2 of the table set out in Part III of Schedule 2, the items set out in Schedule 2 to these Regulations;

• (g) in column (1) of Schedule 3, by deleting the asterisk before the name of the “Perle of Alzey” vine variety; and

• (h) by adding after Schedule 5, the Schedules set out in Schedule 3 to these Regulations.

SCHEDULE 1

SCHEDULE 2 — ITEMS TO BE SUBSTITUTED IN PART III OF SCHEDULE 2

SCHEDULE 3

Signed

Whitty — Parliamentary Under Secretary of State, — 2004-04-02

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 Secretary of State 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, amended by S.I. 2003/114.

[^f00005]: OJ No. L 236, 23.9.2003, p. 33.

[^f00006]: OJ No. L 179, 14.7.1999, p. 1.

[^f00007]: OJ No. L 345, 29.12.2001, p. 10.

[^f00008]: OJ No. L 118, 4.5.2002, p. 1.

[^f00009]: OJ No. L 55, 24.2.2004, p. 16.

[^f00010]: The name of the county was changed from Medway Towns to Medway with effect from midnight on 1st April 1998 by a resolution passed by Medway Towns Council under section 74 of the Local Government Act 1972 (c. 70) on 1st April 1998.

[^f00011]: 1972 c. 70. See, in particular, section 1(2) of, and Schedule 1 to, the 1972 Act and any amendments made to county areas by orders made under section 51 of the 1972 Act (section 51 was repealed by the Local Government Act 1992 (c. 19) but the provisions of Orders made under that section continue in force by virtue of section 29(3) of the 1992 Act) and section 17 of the 1992 Act.

[^f00012]: 1992 c. 19; section 17 was amended by the Police and Magistrates' Courts Act 1994 (c. 29), section 39(4) and (5); the Police Act 1996 (c. 16), paragraph 44 of Schedule 7; the Local Government and Rating Act 1997 (c. 29), section 20(1); the Local Government Act 2000 (c. 22), section 89(3) and S.I. 2001/3962.

SCHEDULE 1