Statutory Instrument 1990 No. 1363

The Common Agricultural Policy (Wine) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1363

AGRICULTURE

The Common Agricultural Policy (Wine) Regulations 1990

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:-

Title and commencement
    1.    These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1990 and shall come into force on 6th August 1990.

Interpretation and revocation
    2.—(1)  In these Regulations, unless the context otherwise requires-

"authorised officer" means an officer 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 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979^[3] and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985^[4];


"controlled wine-sector product" means any wine-sector product whose movement has been prohibited pursuant to regulation 8 of these Regulations;


"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;
 (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 laying down general rules for the description and presentation of wines and grape musts^[5];


"local administrative area" has the same meaning as in Article 1(3) of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts;


"local authority" means-
 (i) as respects England and Wales, a food and drugs authority for the purposes of the Food Act 1984^[6];
 (ii) as respects Scotland, an islands or district council which is the enforcement authority for the purposes of the Food and Drugs (Scotland) Act 1956^[7];
 (iii) as respects Northern Ireland, a district council for the purposes of Article 34 of the Food (Northern Ireland) Order 1989^[8];


"manufacturing" means using wine, 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;


"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.

    (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].

    (3)  The Common Agricultural Policy (Wine) Regulations 1987^[10] are hereby revoked.

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 authorities or agencies for the purpose of the enforcement of the Community provisions.

    (2)  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 within its area.

    (3)  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 wine to or from the United Kingdom.

    (4)  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 (2) or (3) of this regulation.

    (5)  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 13(6)(b) of Commission Regulation (EEC) No 997/81^[11] laying down detailed rules for the description and presentation of wines and grape musts as amended^[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.

Exemptions
    5.    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^[13] 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.

    6.    The provisions of Article 13(1) of Council Regulation (EEC) No 2389/89^[14] 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
    7.—(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;
 (c) undertake stock counts of wine-sector products and of any substances or products 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 test or have analysed or tested that sample.

Control on movement
    8.—(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 or V of Schedule 2 to these Regulations and that there is a risk to public health or has been any fraudulent treatment of that product.

    (2)  An officer who exercises the power conferred by subsection (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 subsection (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
    9.—(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 section 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
    10.—(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 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.

Power to require analysis, or testing by Government Chemist
    11.—(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, is capable of being further analysed or tested, to be sent to the Government Chemist, who shall make such analysis or test as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or test, 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 test, transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the analysis or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist 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.

Offences and penalties
    12.—(1)  If any person contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts I, II, III or V of Schedule 2 to these Regulations, 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 to these Regulations, 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
    13.—(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 8(4) of these Regulations shall be guilty of an offence.

    (3)  Any person who fails to comply with an undertaking given by him for the purposes of regulation 9 of these Regulations 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 8(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
    14.    Any person who-
 (a) intentionally obstructs an authorised officer 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
    15.—(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.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
3rd July 1990.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food


Sanderson of Bowden

Minister of State, Scottish Office

2nd July 1990

[1] S.I. 1972/1811. back

[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 offences triable 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 (Scotland) 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. back

[3] OJ No L291, 19.11.79, p. 17. back

[4] OJ No L302, 15.11.85, p. 23. back

[5] OJ No L232, 9.8.89, p. 13. back

[6] 1984 c. 30. back

[7] 1956 c. 30. back

[8] S.I. 1989/846 (N.I. 6). back

[9] OJ No L202, 14.7.89, p. 32. back

[10] S.I. 1987/1843. 2 back

[11] OJ No L106, 16.4.81, p. 1. back

[12] The relevant amending instrument is Commission Regulation (EEC) No 1011/84 (OJ No L101, 13.4.84, p. 17) to which a corrigendum was published in OJ No L302, 21.11.84, p. 30. back

[13] OJ No L232, 9.8.89, p. 13. back

[14] OJ No L232, 9.8.89, p. 1. 3 back

Explanatory Note