The Wine (Amendment) Regulations 2021

Made: 16th December 2021

Coming into force: 1st January 2022

In accordance with paragraph 6(1) of Schedule 5 to the European Union (Future Relationship) Act 2020, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Wine (Amendment) Regulations 2021 and come into force on 1st January 2022.

• (2) Part 1, regulations 2 and 3, Part 3 and the Schedule extend to England and Wales and Scotland.

• (3) Regulation 4 extends to England and Wales and applies in relation to England only.

PART 2 — Amendment of subordinate legislation

The Food (Lot Marking) Regulations 1996

2

In the Food (Lot Marking) Regulations 1996[^f00003], in regulation 4 (exceptions for particular types of sale and sales units)—

• (a) number the existing paragraph as paragraph (1);

• (b) in paragraph (1) (as numbered by paragraph (a)), after sub-paragraph (h) insert—

(i) a sales unit of EU Annex 15 wine that complies with the provisions of Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs[^f00004], as implemented in either of the following— (aa) the member State from which it was exported into Great Britain; (bb) if exported from a member State into Great Britain having been labelled in a different member State, the member State in which it was so labelled.

• (c) after paragraph (1) (as numbered by paragraph (a)) insert—

(2) In this regulation— (a) “EU Annex 15 wine” means wine— (i) to which the first sentence of Article 4(3) (lot codes) 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; (b) “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

The Wine Regulations 2011

3

In the Wine Regulations 2011[^f00005], in Part 3, after regulation 17 insert—

(17A) (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.

The Food Information Regulations 2014

4

In the Food Information Regulations 2014[^f00006], after regulation 16 insert—

(17) (1) An authorised officer of an enforcement authority must not serve an improvement notice under section 10(1) of the Food Safety Act 1990[^f00007] as it applies, by virtue of regulation 12(1), to these Regulations (as modified by regulation 12(1) and Part 1 of Schedule 4), 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 England— (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) “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; (b) “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.

PART 3 — Amendment of retained direct EU legislation

Commission Delegated Regulation (EU) 2018/273

5

• (1) 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 information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties[^f00008] is amended as follows.

• (2) In Article 1, in point (c), for “, certification and rules for imports” substitute “and certification”.

• (3) In Article 2(1)—

• (a) after point (l) insert—

(la) ‘Annex 15 to the TCA’ means Annex 15 (trade in wine) to the Trade and Cooperation Agreement; (lb) ‘Appendix C certificate’ means the certificate referred to in Article 3(1) of Annex 15 to the TCA (certification requirements);

• (b) in point (p), after “means” insert “, unless the contrary intention appears,”;

• (c) after point (p) insert—

(pa) ‘GB Annex 15 wine’ has the meaning given in Article 19a(b); (pb) ‘Harmonized System’ means the 2017 edition of the Harmonized Commodity Description and Coding System provided for under the International Convention on the Harmonized System as done in Brussels on 14 June 1983;

• (d) after point (t) insert—

(ta) ‘the Trade and Cooperation Agreement’ has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;

• (4) In Article 12(1), after point (b) insert—

(c) in the case of a GB Annex 15 wine exported from Great Britain into a member State, an Appendix C certificate.

• (5) In Chapter 4—

• (a) after Section 1 insert the new Section 1A in the Schedule;

• (b) omit Section 2.

• (6) Omit Article 37(4).

• (7) Omit Article 47(2).

• (8) In Article 51—

• (a) in paragraph 1—

• (i) in the words before point (a)—

• (aa) omit “, in relation to point (d),”;

• (bb) for “lists” substitute “a list”;

• (ii) omit points (a) to (c);

• (b) in paragraph 2, in point (b), for “lists” substitute “list”;

• (c) in paragraph 3—

• (i) in the words before point (a) omit “and the lists”;

• (ii) in points (a) and (b) omit “and lists”.

• (9) Omit Annex 7.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council

6

In Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products[^f00009] omit Article 90(3) and (4).

SCHEDULE — Commission Delegated Regulation (EU) 2018/273: Chapter 4, new Section 1A

Signed

Victoria Prentis — Minister of State — Department for Environment, Food and Rural Affairs — 16th December 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by the European Union (Future Relationship) Act 2020 (c. 29) in order to implement Articles 3, 4(3) and 5 of Annex 15 (trade in wine) to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community and the United Kingdom of Great Britain and Northern Ireland (“the TCA”) and to deal with matters related to the implementation of Article 3 of that Annex.

Regulation 2 implements Article 4(3) of Annex 15 to the TCA (lot codes) by amending the Food (Lot Marking) Regulations 1996 (S.I. 1996/1502).

Regulations 3 and 4 implement Article 5 of Annex 15 to the TCA (transitional measures relating to labelling and placing on the market). Regulation 3 amends the Wine Regulations 2011 (S.I. 2011/2936) and regulation 4 amends the Food Information Regulations 2014 (S.I. 2014/1855).

Regulation 5 and the Schedule implement Article 3 of Annex 15 to the TCA (certification requirements relating to wine) by amending 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 information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties (EUR 2018/273) to put in place provisions to underpin the simplified certification requirements in Article 3 of Annex 15 to the TCA relating to the export of GB wines to an EU member State.

Regulations 5 and 6 implement Article 3 of Annex 15 to the TCA relating to the import of EU wines into Great Britain and deal with matters related to the implementation of the TCA by omitting Article 90(3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (EUR 2013/1308) (regulation 6) and making consequential amendments to that Regulation (also regulation 6) and Commission Delegated Regulation (EU) 2018/273 (regulation 5). In consequence of these changes, the import into Great Britain of products to which Article 90(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council applies will not be subject to the presentation of a certificate and analysis report of the type mentioned in Article 90(3) of that Regulation (known as a VI-1 certificate).

A copy of the 2017 edition of the Harmonized Commodity Description and Coding System under the International Convention on the Harmonized System and a copy of Volumes 1 and 2 of the 2021 edition of the Compendium of International Methods of Analysis of Wines and Musts published by the International Organisation of Vine and Wine may be inspected, by arrangement, free of charge at the Department for Environment, Food and Rural Affairs, Second Floor, Seacole Block, 2 Marsham Street, London SW1P 4DF.

A copy of the 2017 edition of the Harmonized Commodity Description and Coding System is available electronically at:

http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/hs-nomenclature-2017-edition/hs-nomenclature-2017-edition.aspx.

A copy of the 2021 Edition of the Compendium of International Methods of Analysis of Wines and Musts in two volumes (ISBN 978-2-85038-034-1 and ISBN 978-2-85038-033-4) is available electronically at:

https://www.oiv.int/en/technical-standards-and-documents/methods-of-analysis/compendium-of-international-methods-of-analysis-of-wines-and-musts-2-vol.

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

Footnotes

[^f00001]: 2020 c. 29.

[^f00002]: EUR 2002/178, to which there are amendments not relevant to these Regulations.

[^f00003]: S.I. 1996/1502, amended by S.I. 2020/1501; there are other amending instruments but none is relevant.

[^f00004]: OJ No. L 334, 16.12.2011, p. 1.

[^f00005]: S.I. 2011/2936; relevant amending instruments are S.I. 2012/2897, 2013/3235, 2019/524, 2020/639, 1636, 1637 (as amended by S.I. 2020/1661).

[^f00006]: S.I. 2014/1855; relevant amending instruments are S.I. 2019/1218, 2021/632.

[^f00007]: 1990 c. 16.

[^f00008]: EUR 2018/273, amended by S.I. 2020/1627, 1637.

[^f00009]: EUR 2013/1308; relevant amending instruments are S.I. 2019/821, 828, 2020/1446, 1453, 1661, 2021/652.

[^f00010]: OJ No. L 58, 28.2.2018, p. 1, to which there are amendments not relevant to these Regulations.