Statutory Instrument 2003 No. 114

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

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STATUTORY INSTRUMENTS

2003 No. 114

AGRICULTURE, ENGLAND

AGRICULTURE, NORTHERN IRELAND

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

  Made 27th January 2003 
  Laid before Parliament 27th January 2003 
  Coming into force 17th February 2003 

The Secretary of State[1], being a Minister designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, hereby makes the following Regulations - 

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

Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001
     2. The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001[4] shall be amended - 

    (a) in regulation 2(1) - 

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

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

      " "wine sector product" for the purposes of these Regulations, includes any aromatized wine;";

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

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

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

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

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

         " 8.  - (1) Where an authorised officer inspects any wine sector product he may prohibit its being moved if he has reason to believe - 

      (a) an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in column 1 or 2 of Part I, II, III, V or IX of Schedule 2;

      (b) there is, or is likely to be, a risk to public health in relation to that product; or

      (c) there has been or is likely to be, any fraudulent treatment of that product."

    (f) by deleting regulation 13;

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

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

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

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

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

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

    "1. Regulation 1493/1999: Title V Regulation 883/2001: All articles except 6, 7, 13, 16, 19, 29, 34, 35 and 36 Requirements relating to trade with third countries in products in the wine sector";


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

(l) by deleting Schedule 4;

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

    (i) for the words "Total Dry Extract", the words "Total Sugar-free Dry Extract"; and

    (ii) for "15 g/l", "14 g/l"; and

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


Whitty
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

27th January 2003



SCHEDULE
Regulation 2(g)





EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001, which provide for the enforcement of European Community Regulations concerned with the production and marketing of wine and related products.

These Regulations - 

    (a) make changes to provide a clearer definition of the specified region of England (regulation 2(a)(i), (b), (c), (f) and (l));

    (b) expand the definition of "wine sector product" to include aromatized wine (regulation 2(a)(ii));

    (c) amend the definition of "the Wine Standards Board" to reflect its new name (regulation 2(a)(iii));

    (d) impose time limits for the notification of declarations and enrichment (regulation 2(d));

    (e) clarify the circumstances when the movement of any wine sector product may be prohibited (regulation 2(e));

    (f) update references to European Community legislation (regulation 2(g), (h), (i) and (j)); and

    (g) make minor changes to the vine varieties which may be used in the production of quality wines psr and to the analytical test for quality wines psr (regulation 2(k), (m) and (n)).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

Notes:

 [1] 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).back

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

[3] 1972 c.68.back

[4] S.I. 2001/686.back

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

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


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