The Common Agricultural Policy (Wine) Regulations 1992 No. 672


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Statutory Instruments

1992 No. 672

AGRICULTURE

The Common Agricultural Policy (Wine) Regulations 1992

Made

11th March 1992

Laid before Parliament

12th March 1992

Coming into force

2nd April 1992

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Economic 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 ITITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION

Title, extent and commencement

1. These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1992, shall apply throughout the United Kingdom and shall come into force on 2nd April 1992.

Interpretation and revocation

2.-(1) In these Regulations, unless the context otherwise requires-�

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector(9) and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91 laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails(10).

(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 1990(11) are hereby revoked.

PART IIGENERAL PROVISIONS

Enforcement

3.-(1) Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authori-ties or agencies for the purpose of the enforcement of the Community provisions.

(2) For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying 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 wine and other wine-sector 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 andexecution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) of this regulation.

(6) Nothing in this regulation shall be taken as authorising in the United Kingdom 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 laying down detailed rules for the description and presentation of wines and grape musts(12) 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 on the common organization of the market in wine(13), the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless-�

(a)that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and

(b)that table wine is produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.

(2) Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine.

(3) In paragraph (1)(b) above "geographical unit" means a precisely demarcated area which-�

(a)is a part of the United Kingdom; and

(b)satisfies the definition of "a geographical unit which is smaller than the Member State" in Article 4(1) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts(14).

(4) No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.

(5) Notwithstanding paragraph (4) above, the expression "United Kingdom" may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.

Exemptions

6. The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts shall not apply to-�

(a)unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;

(b)unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;

(c)unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.

7. The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89(15) relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.

Powers of authorised officers

8.-(1) An authorised officer may, on producing, if so required, a warrant of his authority, at any reasonable time enter any land other than land used only as a dwelling, or any vehicle, for the purpose of ascertaining whether any offence under these Regulations has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) of this regulation may-�

(a)inspect any materials or articles found in or on that land or vehicle;

(b)require any person carrying on, or employed in connection with, a trade or business to produce any books, records or documents relating to that trade or business and may take copies of any such book, record or document, or of any entry in any such book, record or document and where any such record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record or document and require such record or document to be produced in a form in which it may be taken away;

(c)undertake stock counts of wine-sector products and of any substances orproducts which may be used for the preparation of such products; and

(d)purchase or take samples of any wine-sector product and of any substances or products which may be used for the preparation of such products.

(3) An authorised officer who has procured a sample of any wine-sector product may analyse or examine or have analysed or examined that sample.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.

Control on movement

9.-(1) Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been or is being committed in respect of it contrary to any relevant Community provision referred to in columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2 and that there is a risk to public health or there has been any fraudulent treatment of that product.

(2) An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing-�

(a)specifying the wine-sector product in relation to which the power has been exercised;

(b)stating that the wine-sector product may not be moved without the written consent of an authorised officer; and

(c)specifying the Community provision in respect of which the officer has reason to believe that an offence has been or is being committed.

(3) If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.

(4) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.

Consent to movement

10.-(1) An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.

(2) An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that-�

(a)the wine-sector product will be moved to a place approved by an authorised officer; and

(b)the wine-sector product will not be moved from that place without the written consent of an authorised officer.

(3) A consent given by an authorised officer under this regulation shall-�

(a)specify the wine-sector product to which it relates; and

(b)state that the wine-sector product continues to be controlled.

Authorised officer acting in good faith

11.-(1) An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.

(2) Nothing in paragraph (1) above, shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(3) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.

(4) In this regulation "authorised officer" includes a person accompanying him and acting under his instructions.

Power to require analysis or examination

12.-(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.

(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation, the provisions thereof shall apply in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.

PART IIIQUALITY WINES PRODUCED IN SPECIFIED REGIONS

Interpretation of Part III

13.-(1) In this Part-�

"Regulation 823/87" means Council Regulation (EEC) No. 823/87 laying down special provisions relating to quality wines produced in specified regions(16);

"quality wines psr" has the meaning assigned to it by Article 1(2) of Regulation 823/87;

"specified regions" mean, unless the context otherwise requires, Southern Counties and Northern Counties as defined in regulation 14.

(2) Other expressions used in this Part have, in so far as the context admits, the same meanings as in Regulation 823/87.

Specified regions

14.-(1) Subject to paragraph (2) below, the specified regions in the United Kingdom for the purposes of Article 3 of Regulation 823/87 are-�

(a)Southern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972(17), described in Part I of Schedule 4, and

(b)Northern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972, described in Part II of Schedule 4.

(2) There shall be excluded from the areas described in Part I and Part II of Schedule 4 any land situated at an altitude of more than 220 metres above sea level.

Vine varieties

15. For the purposes of Article 4 of Regulation 823/87, the list of vine varieties of the species Vitis vinifera suitable for producing quality wines psr in the specified regions is specified in Schedule 5.

Minimum natural alcoholic strength

16. The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.

Authorization under Article 6(3) of Regulation 823/87

17. Notwithstanding the provisions of the second indent of Article 6(1) of Regulation 823/87, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.

Maximum yield

18. For the purposes of Article 11 of Regulation 823/87, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.

Analytical test

19. The tests to be carried out for the purposes of the analytical test for quality wines psr produced in the specified regions are specified in Schedule 6.

Additional term of designation

20. For the purposes of Article 15(1) of Regulation 823/87, a quality wine psr produced in a specified region may be described as a wine of "designated origin".

PART IVOFFENCES AND PENALTIES

Offences and penalties

21.-(1) If any person contravenes, or fails to comply with, regulation 5 or any of the relevant Community provisions referred to in columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable-�

(a)on summary conviction in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; or

(b)on conviction on indictment, to a fine.

(2) If any person-�

(a)contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI, VII or VIII of Schedule 2, or

(b)discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,

he shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.

(3) In any proceedings against any person for an offence under these Regulations, it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

Movement of a controlled wine-sector product

22.-(1) Any person who, knowing a wine-sector product to be a controlled wine-sector product,-�

(a)moves it, or

(b)causes it to be moved,

without the written consent of an authorised officer shall be guilty of an offence.

(2) Any person who, knowing a wine-sector product to be a controlled wine-sector product,-�

(a)removes from it, or

(b)causes to be removed from it,

a label which has been affixed under regulation 9(4) shall be guilty of an offence.

(3) Any person who fails to comply with an undertaking given by him for the purposes of regulation 10 shall be guilty of an offence.

(4) It shall be a defence for a person charged with any offence under this regulation to prove that-�

(a)when the power conferred by regulation 9(1) was exercised, no offence had been or was being committed in respect of the wine-sector product concerned; and

(b)that there was a reasonable excuse for the act or omission in respect of which he is charged.

(5) A person guilty of an offence under this regulation shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.

Obstruction

23. Any person who-�

(a)intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) acting in the execution of these Regulations; or

(b)without reasonable cause fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations

shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.

Offences by officers of bodies corporate

24.-(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) In paragraphs (1) and (2) above the references to a "body corporate" include a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

11th March 1992.

Strathclyde

Parliamentary Under-Secretary of State, Scottish Office

10th March 1992

Regulation 2(1)

SCHEDULE 1COMMUNITY PROVISIONS

Measures containing Community provisionsOfficial Journal of the European Communities: Reference

1. Commission Regulation (EEC) No. 1135/70 on the notification of the planting and replanting of vines for the purpose of controlling the development of planting

OJ No. L134, 17.6.80, p.2 (OJ/SE 1970(II) p.379)

2. Commission Regulation (EEC) No. 1618/70 on measures for controlling the sweetening of table wines and of quality wines produced in specified regions

OJ No. L175, 8.8.70, p.17 (OJ/SE 1970(II) p.562)

3. Commission Regulation (EEC) 2314/72 on certain measures for examining the suitability of certain vine varieties for cultivation, as amended by Commission Regulation (EEC) No. 3296/80 (OJ No. L344, 19.12.80, p13)

OJ No. L248, 1.11.72, p.53 No.(OJ/SE 1972 (November) p.11)

4. Commission Regulation (EEC) No. 2247/73 on the control of quality wines produced in specified regions, as amended by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17) and by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8) and by Commission Regulation (EEC) No. 986/89 (OJ No. L106, 18.4.89, p.1)

OJ No. L230, 18.8.73, p.12

5. Commission Regulation (EEC) No. 2152/75 on detailed rules for the application of Council Regulations (EEC) Nos. 358/79 and 823/87 in respect of sparkling wines(18) as amended by Commission Regulation (EEC) No. 986/89 (OJ No. L106, 18.4.89, p.1)

OJ No. L219, 19.8.75, p.7

6. Commission Regulation (EEC) No. 1972/78 laying down detailed rules on oenological practices, as amended by Commission Regulation (EEC) No. 45/80 (OJ No. L7, 11.1.80, p.12)

OJ No. L226, 17.8.78, p.11

7. Council Regulation (EEC) No. 351/79 concerning the addition of alcohol to products in the wine sector, as amended by Council Regulation (EEC) No. 2817/79 (OJ No. L320, 15.12.79, p.7) and by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17) and by Council Regulation (EEC) No. 3196/80 (OJ No. L333, 11.12.80, p.6) and by Council Regulation (EEC) No. 3658/81 (OJ No. L366, 22.12.81, p.1) and by Council Regulation (EEC) No. 3267/82 (OJ No. L347, 7.12.82, p.1) and by Council Regulation (EEC) No. 3518/83 (OJ No. L352, 15.12.83, p.1) and by Council Regulation (EEC) No. 3689/84 (OJ No. L341, 29.12.84, p.7) and by Council Regulation (EEC) No. 3581/85 (OJ No. L343, 20.12.85, p.6) and by Council Regulation (EEC) No. 255/87 (OJ No. L26, 29.1.87, p.2) and by Council Regulation (EEC) No. 4090/87 (OJ No. L382, 31.12.87, p.26) and Council Regulation (EEC) No. 3904/88 (OJ No. L347, 16.12.88, p.9) and by Council Regulation (EEC) No. 1372/90 (OJ No. L133, 24.5.90, p.5) and by Council Regulation (EEC) No. 1029/91 (OJ No. L106, 26.4.91, p.6)

OJ No. L54, 5.3.79, p.90

8. Council Regulation (EEC) No. 357/79 on statistical areas under vines, as amended by Council Regulation (EEC) No. 1992/80 (OJ No. L195, 29.7.80, p.10) and by Council Regulation (EEC) No. 3719/81 (OJ No. L373, 29.12.81, p.5) and by Council Regulation (EEC) No. 3768/85 (OJ No. L362, 31.12.85, p.8) and by Council Regulation (EEC) No. 490/86 (OJ No. L54, 1.3.86, p.22)

OJ No. L54, 5.3.79, p.124

9. Council Regulation (EEC) No. 358/79 on sparkling wines produced in the Community and defined in item 15 of Annex I to Council Regulation (EEC) No. 822/87(19) as amended by Council Regulation (EEC) No. 2383/79 (OJ No. L274, 31.10.79, p.8) and by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17) and by Council Regulation (EEC) No. 3456/80 (OJ No. L360, 31.12.80, p.18) and by Council Regulation (EEC) No. 3686/84 (OJ No. L341, 29.12.84, p.3) and by Council Regulation (EEC) No. 3310/85 (OJ No. L320, 29.11.85, p.19) and by Council Regulation (EEC) No. 3805/85 (OJ No. L367, 31.12.85, p.39) as amended by Council Regulation (EEC) No. 2044/89 (OJ No. L202, 14.7.89, p.8) and by Council Regulation (EEC) No. 1328/90 (OJ No. L132, 23.5.90, p.24) and by Council Regulation (EEC) No. 1735/91 (OJ No. L163, 13.6.91, p.9) and by Council Regulation (EEC) No. 3898/91 (OJ No. L368, 31.12.91, p.7)

OJ No. L54, 5.3.79, p.130

10. Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties amending various Regulations concerning wine as a result of the accession of Greece, signed on 28 May 1979

OJ No. L291, 19.11.79, p.17

11. Commission Regulation (EEC) No. 2903/79 on the downgrading of quality wines produced in specified regions, as amended by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8)

OJ No. L326, 22.12.79, p.14

12. Commission Regulation (EEC) No. 940/81 on the declaration of areas used for producing vegetative propagation material for vines

OJ No. L96, 8.4.81, p.10

13. Commission Regulation (EEC) No. 3388/81 laying down special detailed rules in respect of import and export licences in the wine sector, as amended by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8) and by Commission Regulation (EEC) No. 3826/90 (OJ No. L366, 29.12.90, p.58)

OJ No. L341, 28.11.81, p.19
14. Commission Regulation (EEC) No. 3800/81 determining the classification of vine varieties, as amended by Commission Regulation (EEC) No. 1469/82 (OJ No. L159, 10.6.82, p.21) and by Commission Regulation (EEC) No. 2060/83 (OJ No. L202, 26.7.83, p.15) and by Commission Regulation (EEC) No. 3582/83 (OJ No. L356, 20.12.83, p.18) and by Commission Regulation (EEC) No. 1871/85 (OJ No. L175, 5.7.85, p.9) and by Commission Regulation (EEC) No. 2599/85 (OJ No. L248, 17.9.85, p.5) and by Commission Regulation No. 418/86 (OJ No. L48, 26.2.86, p.8) and by Commission Regulation (EEC) No. 416/87 (OJ No. L42, 12.2.87, p.18) and by Commission Regulation (EEC) No. 1467/87 (OJ No. L138, 28.5.87, p.44) and by Commission Regulation (EEC) No. 276/89 (OJ No. L32, 3.2.89, p.10) and by Commission Regulation (EEC) No. 1543/89 (OJ No. L151, 27.7.89, p.2) and by Commission Regulation (EEC) No. 2218/90 (OJ No. L202, 31.7.90, p.20) and by Commission Regulation (EEC) No. 1565/91 (OJ No. L146, 11.6.91, p.7) and by Commission Regulation (EEC) No. 3774/91 (OJ No. L356, 24.12.91, p.36)OJ No. L381, 31.12.81, p.1
15. Council Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Council Regulation (EEC) No. 822/87(20) as amended by Council Regulation (EEC) No. 2179/88 (OJ No. L191, 22.7.88, p.10) and by Council Regulation (EEC) 2245/89 (OJ No. L216, 27.7.89, p.2) and by Council Regulation (EEC) No. 3888/89 (OJ No. L378, 27.12.89, p.15) and by Council Regulation (EEC) No. 2180/90 (OJ No. L198, 28.7.90, p.11) and by Council Regulation (EEC) No. 2200/91 (OJ No. L202, 24.7.91, p.18)OJ No. L194, 24.7.84, p.1

16. Commission Regulation (EEC) No. 1907/85 on the list of vine varieties and regions providing imported wine for the making of sparkling wines in the Community

OJ No. L179, 11.7.85, p.21

17. Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, signed on 12 June 1985

OJ No. L302, 15.11.85, p.23
18. Council Regulation (EEC) No. 3309/85 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines, as amended by Council Regulation (EEC) No. 3805/85 (OJ No. L367, 31.12.85, p.39), and by Council Regulation (EEC) No. 1626/86 (OJ No. L144, 29.5.85, p.3) and by Council Regulation (EEC) No. 538/87 (OJ No. L55, 25.2.87, p.4) and by Council Regulation (EEC) 2045/89 (OJ No. L202, 14.7.89, p.12) and by Council Regulation (EEC) 2357/91 (OJ No. 216, 3.8.91, p.2) and by Council Regulation (EEC) No. 3899/91 (OJ No. L368, 31.12.91, p.9)OJ No. L320, 29.11.85, p.9

19. Commission Regulation (EEC) No. 3590/85 on the certificate and analysis report required for the importation of wine, grape juice and grape must, as amended by Commission Regulation (EEC) No. 1614/86 (OJ No. L142, 28.5.86, p.22) and by Commission Regulation (EEC) No. 2039/88 (OJ No. L179, 9.7.88, p.29)

OJ No. L343, 20.12.85, p.20

20. Council Regulation (EEC) No. 3805/85 adapting, on account of the accession of Spain and Portugal, certain Regulations relating to the wine sector

OJ No. L367, 31.12.85, p.39

21. Commission Regulation (EEC) No. 305/86 on the maximum total sulphur dioxide content of wine originating in the Community produced before 1 September 1986 and, for a transitional period, imported wine

OJ No. L38, 13.2.86, p.13

22. Commission Regulation (EEC) No. 1888/86 on the maximum total sulphur dioxide content of certain sparkling wines originating in the Community and prepared before 1 September 1986, and, for a transitional period, of imported sparkling wines

OJ No. L163, 19.6.86, p.19

23. Commission Regulation (EEC) No. 2094/86 laying down detailed rules for the use of tartaric acid for the de-acidification of specified wine products in certain regions of Zone A, as amended by Commission Regulation (EEC) No. 2736/86 (OJ No. L252, 4.9.86, p.15)

OJ No. L180, 4.7.86. p.17

24. Council Regulation (EEC) No. 2392/86 establishing a Community vineyard register, as amended by Council Regulation (EEC) No. 3577/90 (OJ No. L353, 17.12.90, p.23)

OJ No. L208, 31.7.86, p.1

25. Commission Regulation (EEC) No. 2707/86 laying down detailed rules for the description and presentation of sparkling and aerated sparkling wines, as amended by Commission Regulation (EEC) No. 3378/86 (OJ No. L310, 5.11.86, p.5) and by Commission Regulation (EEC) No. 2249/87 (OJ No. L207, 29.7.87, p.26) and by Commission Regulation (EEC) No. 575/88 (OJ No. L56, 2.3.88, p.22) and by Commission Regulation (EEC) 2657/88 (OJ No. L237, 27.8.88, p.17) and by Commission Regulation (EEC) No. 596/89 (OJ No. L65, 9.3.89, p.9) and by Commission Regulation (EEC) No. 2776/90 (OJ No. L267, 29.9.90, p.30) and by Commission Regulation (EEC) No. 3826/90 (OJ No. L366, 29.12.90, p.58)

OJ No. L246, 30.8.86, p.71

26. Commission Regulation (EEC) No. 649/87 laying down detailed rules for the establishment of a Community vineyard register as amended by Commission Regulation (EEC) No. 1097/89 (OJ No. L116, 28.4.89, p.20)

OJ No. L62, 5.3.87, p.10

27. Council Regulation (EEC) No. 822/87 on the common organisation of the market in wine, as amended by Council Regulation (EEC) No. 1390/87 (OJ No. L133, 22.5.87, p.3) and by Council Regulation (EEC) No. 1972/87 (OJ No. L184, 3.7.87, p.26) and by Council Regulation (EEC) No. 3146/87 (OJ No. L300, 23.10.87, p.4) and by Council Regulation (EEC) No. 3992/87 (OJ No. L377, 31.12.87, p.20) and by Council Regulation (EEC) No. 1441/88 (OJ No. L132, 28.5.88, p.1) and by Council Regulation (EEC) No. 2253/88 (OJ No. L198, 26.7.88, p.35) and by Council Regulation (EEC) No. 2964/88 (OJ No. L269, 29.9.88, p.5) and by Council Regulation (EEC) No. 2253/88 and by Council Regulation (EEC) No. 4250/88 (OJ No. L373, 31.2.88, p.55) and by Council Regulation 1236/89 (OJ No. L128, 11.5.89, p.31) and by Council Regulation (EEC) No. 388/90 (OJ No. L142, 16.2.90, p.9) and by Council Regulation (EEC) No. 1325/90 (OJ No. L132, 23.5.90, p.19) and by Council Regulation (EEC) No. 1734/91 (OJ No. L163, 26.6.91, p.6)

OJ No. L84, 27.3.87, p.1

28. Council Regulation (EC) No. 823/87 laying down special provisions relating to quality wines produced in specified regions as amended by Council Regulation (EEC) No. 2043/89 (OJ No. L202, 14.7.89, p.1) and by Council Regulation (EEC) No. 3577/90 (OJ No. L353, 17.12.90, p.23) and by Council Regulation (EEC) No. 3896/91 (OJ No. L368, 31.12.91, p.3)

OJ No. L84, 27.3.87, p.59

29. Commission Regulation (EEC) No.3929/87 on harvest, production and stock declarations relating to wine-sector products as amended by Commission Regulation (EEC) No. 2572/89 (OJ No. L249, 25.8.89, p.39) and by Commission Regulation (EEC) No. 1784/90 (OJ No. L163, 29.6.90, p.50) and by Commission Regulation (EEC) No. 2776/90 (OJ No. L267, 29.9.90, p.30)

OJ No. L369, 29.12.87, p.59

30. Council Regulation (EEC) No. 4252/88 on the preparation and marketing of liqueur wines produced in the Community as amended by Council Regulation (EEC) No. 1328/90 (OJ No. L132, 23.5.90, p.24) and by Council Regulation (EEC) No. 1735/91 (OJ No. L163, 26.6.91, p.9)

OJ No. L373, 31.12.88, p.59

31. Council Decision No. 89/146/EEC on the conclusion of the Agreement between the European Economic Community and the Republic of Austria on the control and reciprocal protection of quality wines and "retsina" wine

OJ No. L56, 27.2.89, p.1

32. Commission Regulation (EEC) No. 986/89 on the accompanying documents for carriage of wine products and the relevant records to be kept as amended by Commission Regulation (EEC) No. 2600/89 (OJ No. L251, 29.8.89, p.5) and by Commission Regulation (EEC) No. 2246/90 (OJ No. L204, 2.8.90, p.33) and by Commission Regulation (EEC) No. 2776/90 (OJ No. L267, 29.9.90, p.30) and by Commission Regulation (EEC) No. 592/91 (OJ No. L66, 13.3.91, p.13)

OJ No. L06, 18.4.89, p.1

33. Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector

OJ No. L202, 14.7.89, p.32

34. Commission Regulation (EEC) No. 2202/89 defining the terms -�coupage', -�the turning into wine', -�bottler' and -�bottling'

OJ No. L209, 21.7.89, p.31

35. Commission Regulation (EEC) No. 2240/89 on the notification, execution and monitoring of the processes entailing the enriching, acidifying and de-acidifying of wine

OJ No. L215, 26.7.89, p.16

36. Council Regulation (EEC) No. 2389/89 on general rules for the classification of vine varieties as amended by Council Regulation (EEC) No. 3577/90 (OJ No. L353, 17.12.90, p.23)

OJ No. L232, 9.8.89, p.1

37. Council Regulation (EEC) No. 2390/89 laying down general rules for the import of wines, grape juice and grape must as amended by Council Regulation (EEC) No. 3887/89 (OJ No. L378, 27.12.89, p.14) and by Council Regulation (EEC) No. 1772/90 (OJ No. L198, 28.7.90, p.11) and by Council Regulation (EEC) No. 2179/90 (OJ No. L198, 28.7.90, p.10) and by Council Regulation (EEC) No. 2199/91 (OJ No. L203, 26.7.91, p.91)

OJ No. L232, 9.8.89, p.7

38. Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts as amended by Council Regulation (EEC) No. 3886/89 (OJ No. L378, 27.12.89, p.12) and by Council Regulation (EEC) No. 2356/91 (OJ No. 216, 3.8.89, p.1) and by Council Regulation (EEC) No. 3897/91 (OJ No. L368, 31.12.91, p.5)

OJ No. L232, 9.8.89, p.13

39. Council Regulation (EEC) No. 3677/89 on the total alcoholic strength by volume and the total acidity of certain imported quality wines as amended by Council Regulation (EEC) No. 2178/90 (OJ No. L198, 28.7.90, p.9) and by Council Regulation (EEC) No. 2201/91 (OJ No. L203, 26.7.91, p.3)

OJ No. L360, 9.12.89, p.1

40. Commission Regulation (EEC) No. 3201/90 laying down detailed rules for the description and presentation of wines and grape musts as amended by Commission Regulation (EEC) No. 2384/91 (OJ No. L219, 7.8.91, p.9)

OJ No. L309, 8.11.90, p.1

41. Commission Regulation (EEC) No. 3302/90 laying down detailed rules on the transfer of rights to replant vines

OJ No. L317, 16.11.90, p.25

42. Council Regulation (EEC) No. 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatised wine based drinks and aromatized wine product cocktails

OJ No. L149, 14.6.91, p.1

43. Commission Regulation (EEC) No. 3223/91 authorising the United Kingdom to permit under certain conditions an additional increase in the alcoholic strength of certain table wines

OJ No. L305, 6.11.91, p.14

44. Commission Regulation (EEC) No. 3664/91 laying down transitional measures for aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails

OJ No. L348, 17.12.91, p.53

45. Council Regulation (EEC) No. 3895/91 laying down rules for the description and presentation of special wines

OJ No. L368, 31.12.91, p.1

46. Commission Regulation (EEC) No. 3901/91 laying down certain detailed rules on the description and presentation of special wines

OJ No. L368, 31.12.91, p.15

Regulation 2(1)

SCHEDULE 2RELEVANT COMMUNITY PROVISIONS

PART IACCOMPANYING DOCUMENTS AND RECORDS

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject Matter

1. Regulation 822/87: Article 71(1) and (2)

Regulation 986/89: all Articles except 9(1), 9(2), 9(3), 9(4), 9(6), 9(7), 9(8), 11, 19, 20, 22, 23 and 24Requirements relating to accompanying documents and records as amended byRegulation 2600/89: Article 1 and by Regulation 2246/90: Article 1 and by Regulation 2776/90: Article 2 and by Regulation 592/91: Article 1

2. Regulation 822/87: Article 70(1) as amended by Regulation 4250/88 Article 1

Regulation 2390/89 as amended by Regulation 3887/89: Article 1 and by Regulation 1772/90: Article 1 and by Regulation 2179/90:Accompanying documents required for the importation of wines and other products Article 1 and by Regulation 2199/91: Article 1 Regulation 3590/85 as amended by Regulation 1614/86: Article 1 and by Regulation 2039/88: Article 1

3. Regulation 2392/89: Articles 9, 18, 23 and 33

Requirements relating to the keeping of registers and details to be recorded

PART IIQUALITY WINES PRODUCED IN SPECIFIED REGIONS

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 823/87: Article 4(3) and (4)

Restrictions on the use of certain vine varieties

2. Regulation 823/87: Article 5

Provisions relating to wine-growing methods and to irrigation

3. Regulation 823/87: Article 6(1) and (3) as amended by Regulation 2043/89

Requirement for quality wine psr to be produced from specified vine varieties and in specified regions

4. Regulation 823/87: Article 6(4) as amended by Regulation 2043/89

Requirements relating to separate wine-making processes and storage for quality wine psr

5. Regulation 823/87: Article 7(1) and (2) as amended by Regulation 2043/89 and by Regulation 3896/91

Minimum natural alcoholic strength for quality wine psr

6. Regulation 823/87: Article 8(1) and (2) as amended by Regulation 2043/89

Permitted vinification and manufacturing methods and enrichment methods

7. Regulation 823/87: Article 8(3) as amended by Regulation 2043/89

Minimum total alcoholic strength of quality wine psr

8. Regulation 823/87: Article 9(1) as amended by Regulation 2043/89

Conditions for acidification and deacidification of quality wine psr

9. Regulation 823/87: Article 9(2) as amended by Regulation 2043/89

Conditions for sweetening quality wine psr

10. Regulation 823/87: Article 10 as amended by Regulation 2043/89

Conditions for carrying out authorised processes

11. Regulation 823/87: Article 11(2)

Prohibition of use of designation if the prescribed yield per hectare is exceeded

12. Regulation 823/87: Article 13(1) and (3) as amended by Regulation 2043/89

Requirement to submit quality wine psr to analytical and organoleptic tests

13. Regulation 823/87: Article 15(1), (2), (4), (5) and (7) as amended by Regulation 2043/89 and by Regulation 3896/91

Regulation 2247/73: Article 2 and Act of Accession of the Kingdom of Spain and the Portuguese Republic: Article 129General provisions relating to the use of the expression -�quality wines psr' and other expressions and terms traditionally used by Member States to designate particular quality wines

14. Regulation 823/87: Article 15(3) as amended by Regulation 2043/89 and by Regulation 3896/91

Restrictions on use of specified terms and other traditionally equivalent terms

15. Regulation 823/87: Article 15a as amended by Regulation 2043/89

Regulation 2903/79: Articles 3 and 4Provisions relating to downgrading of quality wine psr

PART IIIDESCRIPTION AND PRESENTATION

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 2392/89: all Articles except 1, 36, 45 and 46 as amended by Regulation 3886/89: Article 1 and by Regulation 3897/91

Regulation 3201/90: All Articles except 28 and 29General rules and particular requirements relating to the description and presentation of wines and other products

2. Regulation 3309/85: all Articles except 16, 17 and 18 as amended by Regulation 3805/85: Article 10 and by Regulation 1626/86: Article 1 and by Regulation 538/87: Article 1 and by Regulation 2045/89: Articles 1 and 2 and by Regulation 3899/91: Article 1

Regulation 2707/86: All Articles except 11 as amended by Regulation 3378/86: Article 1 and by Regulation 2249/87: Article 1 and by Regulation 575/88: Article 1 and by Regulation 2657/88: Article 1 and by Regulation 596/89: Article 1 and by Regulation 2776/90: Article 1General rules and particular requirements relating to the description and presentation of sparkling wines and aerated sparkling wines

3. Regulation 822/87: Article 72(2) and (3)

Regulation 2392/89: Articles 2(3), 3, 4, 5, 6, 7 as amended by Regulation 3886/89: Article 1 and by Regulation 3897/91: Article 1General rules relating to the use of geographical ascriptions for table wine

4. Regulation 3895/91: Article 1

Regulation 3901/91: Articles 1 and 2General rules and particular requirements relating to the indication of alcoholic strength on the labelling of liqueur wines, semi-sparkling wines and aerated semi-sparkling wines

5. Regulation 3895/91: Article 2

Prohibition on the use of lead based capsules or foils on liqueur wines, semi-sparkling wines or aerated semi-sparkling wines

PART IVPRODUCTION AND CONTROL OF PLANTING

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 822/87: Article 3(1), (2) and (3)

Regulation 3929/87 as amended by Regulation 2572/89: Article 1 and by Regulation 1784/90: Article 1 and by Regulation 2776/90: Article 1Harvest, production and stock declarations

2. Regulation 822/87: Article 6(1) and (2) as amended by Regulation 1325/90: Article 1

Regulation 1135/70: Article 2Prohibition of new planting of vines

3. Regulation 822/87: Article 7 and 8 as amended by Regulation 1236/89: Article 1 and by Regulation 1325/90: Article 1

Regulation 940/81: Articles 1 and 2 Regulation 3302/90Replanting of vines

4. Regulation 822/87: Articles 13(2) and 69

Regulation 2389/89: Article 13(1)Restrictions on the use of certain vine varieties

PART VOENOLOGICAL PROCESSES AND CONDITIONS FOR RELEASE TO THE MARKET

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 822/87: Articles 18(1) and (2) and 19(1) to (7)

Regulation 2240/89 Regulation 3223/91Conditions for increasing alcoholic strength

2. Regulation 822/87: Article 22(1) and (3)

Regulation 2240/89 Regulation 2094/86: Article 1 as amended by Regulation 2736/86Conditions for acidification and deacidification of wine

3. Regulation 822/87: Article 21(1) and (2)

Conditions for sweetening table wines and imported wines

4. Regulation 1618/70: Articles 1, 2, 3 and 4

Notifications and keeping of turnover records in relation to sweetening operations

5. Regulation 822/87: Article 23(1), (2) and (3)

Regulation 1594/70: Articles 5, 6, 7 and 8 Regulation 2240/89: Articles 2 and 3Conditions for carrying out authorised processes (including notification and keeping of register)

6. Regulation 822/87: Article 16(2)

Restriction on mixing certain products with products suitable for yielding table wines

7. Regulation 822/87: Article 35(1)

Prohibition of the over pressing of grapes and the pressing of wine lees

8. Regulation 822/87: Article 25(1)

Regulation 351/79: Articles 1, 2 and 3 as amended by Act of Accession of the Hellenic Republic: Article 21 and Annex I, Part IIB, (n) 16 and by Regulation 3196/80: Article 1 and by Regulation 3267/82: Article 1 and by Regulation 3518/83: Article 1 and by Regulation 3689/84: Article 1 and by Regulation 3581/85: Article 1 and by Regulation 255/87: Article 1(1) and (2) and by Regulation 3904/88: Article 1 and by Regulation 1372/90: Article 1 and by Regulation 1029/91: Article 1Addition of alcohol

9. Regulation 822/87: Article 16(3) to (7)

Regulation 479/86: Article 1 and Regulation 1781/86: Article 1 Regulation 2202/89Permitted methods for the production of table wine by coupage

10. Regulation 822/87: Article 65(1) and (2) as amended by Regulation 1734/91

Regulation 2805/73: Article 2 as amended by Regulation 3548/73: Article 1 and Regulation 305/86: Article 1Maximum permissible sulphur dioxide content of wine

11. Regulation 822/87: Articles 15(1), (3) and (4), 16(1) and (2), 17(1), (2) and (3) and 66 as amended by Regulation 2253/88 and Regulation 1734/91

Regulation 2394/84: Articles 1(1) and 2 as amended by Regulation 2751/86: Article 1(1)Permitted oenological practices and processes

12. Regulation 822/87: Article 67(1) as amended by Regulation 3992/87

Wine and certain grapes musts that may be offered for direct human consumption

13. Regulation 822/87: Articles 13(4) and 67(2) to (7) as amended by Regulation 3992/87 and Regulation 452/88

Restrictions relating to certain wines and other products originating in the Community

14. Regulation 822/87: Article 68

Restrictions relating to the use of wine originating in third countries in the production of sparkling wine

15. Regulation 822/87: Article 70(3) and (6)

Restriction on the use of products originating in third countries

16. Regulation 3677/89: Article 1

Regulation 3826/81Rules relating to quality wines originating in third countries

17. Regulation 822/87: Article 73(1)

Regulation 1873/84: Article 1 as amended by Regulation 2179/88: Article 1 and Regulation 3888/89: Article 1 and Regulation 2180/90: Article 1General rules relating to release of wine products for human consumption

18. Regulation 358/79: Articles 2, 4, 5(1) to (4), 6(1) and (2), 7(2), 8(1) and (2), 10, 11, 12(1), 13, 14, 15, 16(1), 17(1) and (2), 18 and 22 as amended by Regulation 2383/79: Article 1 and by Regulation 3456/80: Article 1 and by Regulation 3686/84: Article 1(1), (3), (4) and (5) and by Regulation 3310/85: Article 1(1) to (4) and by Regulation 2044/89: Article 1 and by Regulation 3898/91: Article 1

Regulation 2152/75: Article 1Rules for the preparation and marketing of sparkling wines

19. Regulation 3590/85: Article 8(1)

Conditions for release for human consumption of products originating in third countries

20. Regulation 1972/78: Articles 1, 2, and 4a as amended by Regulation 45/80: Article 1

Restrictions relating to the holding of unfit wines and the use of oenological substances

PART VISPECIFICATION

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter#

1. Regulation 822/87: Article 72(1)

Use of the term -�table wine'

2. Regulation 2392/89: Article 43

Regulation 3201/90: Article 24Use of the term -�wine'

PART VIIVINEYARD REGISTER

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 2392/86: Article 3(2)

Regulation 649/87 as amended by 1097/89Establishment of a vineyard register

PART VIIICOMMUNITY INSPECTION

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 2048/89: Articles 6, 8(5) and 15

Facilitation of controls by persons subject to them and powers of officials

PART IXAROMATIZED WINES

(1)(2)(3)
Relevant Community provisionsSupplementing provisionsSubject matter

1. Regulation 1601/91: Articles 2, 3, 4

General rules and particular requirements relating to the description, presentation and preparation of aromatized wines, aromatized winebased drinks and aromatized wine-product cocktails

2. Regulation 1601/91: Article 5

Permitted oenological practices and processes

3. Regulation 1601/91: Article 6

Restrictions on the use of descriptions

4. Regulation 1601/91: Article 7

Restrictions on the description and sale of aromatized drinks

5. Regulation 1601/91: Article 8

General rules relating to the labelling, presentation and advertising of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails

6. Regulation 1601/91: Article 10

Supervision and protection of aromatized drinks originating in third countries

7. Regulation 1601/91: Article 11

Export of aromatized wines, aromatized winebased drinks and aromatized wine-product cocktails

Regulation 5(1)(a)

SCHEDULE 3LIST OF VINE VARIETIES FOR PRODUCING TABLE WINE

Huxelrebe

Muller-Thurgau

Reichensteiner

Schonburger

Seyval blanc.

Auxerrois

Bacchus

Cascade

Chardonnay

Dunkelfelder

Ehrenfelser

Faber

Gutenborner

Kerner

Leon Millot

Madeleine sylvaner

Optima

Ortega

Pinot Noir

Regner

Rulander

Scheurebe

Triomphe

Wrotham pinot

Würzer

Zweigeltrebe

Regulation 14

SCHEDULE 4SPECIFIED REGIONS PRODUCING QUALITY WINES PSR

PART I(SPECIFIED REGION OF SOUTHERN COUNTIES)

The counties of-�

Avon

Bedfordshire

Berkshire

Buckinghamshire

Cambridgeshire

Cheshire

Cornwall

Derbyshire

Devon

Dorset

Dyfed

East Sussex

Essex

Gloucestershire

Greater London

Gwent

Hampshire

Hereford & Worcester

Hertfordshire

Isle of Wight

Kent

Leicestershire

Lincolnshire

Mid Glamorgan

Norfolk

Northamptonshire

Nottinghamshire

Oxfordshire

Powys

Salop

Somerset

South Glamorgan

Staffordshire

Suffolk

Surrey

Warwickshire

West Glamorgan

West Midlands

West Sussex

Wiltshire

PART II(SPECIFIED REGION OF NORTHERN COUNTIES)

The counties of-�

Durham

Humberside

South Yorkshire

West Yorkshire

Regulation 15

SCHEDULE 5LIST OF VINE VARIETIES FOR PRODUCING QUALITY WINES PSR

Huxelrebe

Madeleine angevine

Muller-Thurgau (Rivaner)

Reichensteiner

Schonburger

Auxerrois

Bacchus

Chardonnay

Dunkelfelder

Ehrenfelser

Faberrebe

Gutenborner

Kerner

Madeleine sylvaner

Optima

Ortega

Pinot noir

Regner

Rulander (Pinot gris)

Scheurebe

Siegerrebe

Wrotham pinot (Pinot meunier)

Würzer

Zweigeltrebe

Regulation 19

SCHEDULE 6ANALYTICAL TEST FOR QUALITY WINES PSR

The analytical test shall measure the following factors:-�

Actual Alcoholic Strength

1. A minimum of 8.5% actual alcoholic strength or 5.5% for wines having a natural alcoholic strength of not less than 10%.

Total Dry Extract

2. A minimum of 15 g/l.

Reducing Sugars

3. No parameters set: for information only.

pH

4. No parameters set: for information only.

Total Acidity

5. A minimum of 5 g/l expressed as tartaric acid.

A maximum of 14 g/l expressed as tartaric acid.

Total Sulphur Dioxide

6. A maximum as defined in point 7 of Annex 1 to Council Regulation (EEC) No. 822/87.

Free Sulphur Dioxide

7. A minimum of 0 mg/l (at levels below 15 mg/l, it will be necessary to use effective oenological techniques to ensure the stability of the wine).

A maximum of 45 mg/l for dry wines as defined in Article 14(7) of Commission Regulation (EEC) No.3201/90.

A maximum of 60 mg/l for other wines.

Copper

8. A maximum of 0.5 mg/l.

Iron

9. A maximum of 8 mg/l.

Sterility

10. There must be no indication of yeasts or bacteria liable to cause spoilage of the wine.

Protein Stability

11. The wine must remain unchanged in appearance after being held at 70° for 15 minutes and subsequently cooled to 20°.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply throughout the United Kingdom and come into force on 2nd April 1992, provide for the enforcement of EEC Regulations (as specified in Schedules 1 and 2) concerned with the production and marketing of wine and related products. They revoke and re-enact with amendments the provisions of the Common Agricultural Policy (Wine) Regulations 1990 (S.I.1990/1363).

In addition to drafting amendments, the Regulations make the following changes of substance-�

(a)the definition of "authorised officer" has been extended to include a person other than an officer of an enforcement authority (regulation 2(1));

(b)the Regulations have been extended to include aromatized wines (regulations 2(1), and (2), 21(1) and Part IX of Schedule 2);

(c)conditions have been specified for the use of geographical ascriptions to designate table wines (regulation 5);

(d)an authorised officer entering any land or vehicle is allowed to take with him other persons (regulation 8(4));

(e)for the purposes of any court proceedings, the analysis and examination ofsamples is to be carried out by a food analyst or a food examiner, as defined in the Food Safety Act 1990 (1990 c. 16) in relation to England, Wales and Scotland and in the Food Safety (Northern Ireland) Order 1991 (S.I.1991/762 (N.I.7) in relation to Northern Ireland (regulation 12); and

(f)provision has been made for the production in the United Kingdom of quality wines psr in accordance with Council Regulation (EEC) No. 823/87 (OJ No. L84, 27.3.87, p.59) and for the enforcement of the provisions of that Regulation (regulations 13 to 20, 21(1) and Part II of Schedule 2).

The Regulations-�

(i)designate competent authorities and a liaison authority for the purposes of enforcement (regulation 3);

(ii)define "medium dry" for the purposes of labelling and description (regulation 4);

(iii)specify conditions for the use of geographical ascriptions for the designation of table wine (regulation 5);

(iv)exempt certain products from provisions relating to information required on labels (regulation 6);

(v)permit the planting for certain purposes of vine varieties whose planting would otherwise be prohibited (regulation 7);

(vi)provide for powers of inspection and enforcement (regulation 8);

(vii)authorise controls on the movement of wine sector products (regulations 9 and 10);

(viii)relieve authorised officers of personal liability for acts done by them in execution of the Regulations (regulation 11);

(ix)confer on courts before which proceedings are brought powers in relation to the analysis and examination of samples (regulation 12);

(x)describe Southern Counties and Northern Counties as the specified regions in the United Kingdom for producing quality wines psr (regulation 14);

(xi)specify the list of vine varieties, minimum natural alcoholic strength, maximum yield per hectare, analytical test and an additional term of designation for use, in the production of quality wine psr and permit the production of such wine in areas of immediate proximity to the specified regions (regulations 15 to 20); and

(xii)prescribe offences and penalties (regulations 21 to 24).

The Schedules have been revised and brought up to date so as to include references to relevant Regulations of the European Economic Community which have been adopted since the Common Agricultural Policy (Wine) Regulations 1990 came into force and to delete references to Regulations which have been repealed or superseded or have become redundant.

In Schedule 1 each Regulation is given is given the title which appears in the Official Journal except in cases where the title refers to a Regulation that has been repealed or superseded. In such a case the title given in Schedule 1 refers to the superseding Regulation and the title in the Official Journal is given in a footnote.

(1)

S.I.1972/1811.

(2)

1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, in relation to offences triable only summarily, with sections 37, 40 and 46 of the Criminal Justice Act 1982 (c. 48) and with section 52(4) of the Criminal Justice Act 1988 (c. 33), in relation to offencestriable on indictment or summarily, with section 32 of the Magistrates' Courts Act 1980 (c. 43) and with section 51(5) of the Criminal Justice Act 1988, and, in each case, with S.I.1984/447; as regards Scotland, in relation to offences triable only summarily, with section 289G A(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by section 66 of the Criminal Justice Act 1987 (c. 41), in relation to offences triable on indictment or summarily, with section 289B of the Criminal Procedure (Scotland) Act 1975, as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) as read with section 289GA of the Criminal Procedure (Scotland) Act 1975, as inserted by section 66 of the Criminal Justice (Scotland) Act 1987, and, in each case, with S.I.1984/526; and, as regards Northern Ireland, with S.I.1984/703 (N.I.3) and S.R. (N.I.) 1984 No. 253.

(4)

S.I.1991/762 (N.I.7).

(5)

OJ No. L291, 19.11.79, p.17.

(6)

OJ No. L302, 15.11.85, p.23.

(8)

OJ No. L232, 9.8.89, p.13, the amendments to which are specified at item 38 in column 1 of Schedule 1 to these Regulations.

(9)

OJ No. L202, 14.7.89, p.32.

(10)

OJ No. L149, 14.6.91, p.1.

(11)

S.I.1990/1363.

(12)

OJ No. L309, 8.11.90, p.1, the amendment to which is specified at item 40 in column 1 of Schedule 1 to these Regulations.

(13)

OJ No. L84, 27.3.87, p.59, the amendments to which are specified at item 27 in column 1 of Schedule 1 to these Regulations. See also Articles 2(3)(a) and 4 of Council Regulations (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.

(14)

OJ No. L232, 9.8.89, p.13, the amendments to which are specified at item 38 in column 1 of Schedule 1 to these Regulations.

(15)

OJ No. L232, 9.8.89, p.1, the amendment to which is specified at item 36 in column 1 of Schedule 1 to these Regulations.

(16)

OJ No. L84, 27.3.87, p.1, the amendments to which are specified at item 27 in column 1 of Schedule 1 to these Regulations.

(18)

The title of this Regulation as published in the edition of the Official Journal referred to is Commission Regulation (EEC) No. 2152/75 on detailed rules for the application of Council Regulations (EEC) Nos. 2893/74 and 2894/74 in respect of sparkling wines. Regulations (EEC) Nos. 2893/74 and 2894/74 have been superseded by Council Regulations (EEC) Nos. 358/79 and 823/87 respectively.

(19)

The title of this Regulation as published in the edition of the Official Journal referred to is Council Regulation (EEC) No. 358/79 on sparkling wines produced in the community and defined in item 13 of Annex II to Council Regulation (EEC) No. 337/79. Regulation (EEC) No. 337/79 has been superceded by Council Regulation (EEC) No. 822/87.

(20)

The title of this Regulation as published in the edition of the Official Journal referred to is Council Regulation (EEC) No. 1873/84 authorising the offer or disposal for direct human consumption of certain imported wines which may have undergone certain oenological processes not provided for in Council Regulation (EEC) No. 337/79. Regulation (EEC) No. 337/79 has been superseded by Council Regulation (EEC) No. 822/87.


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