The Common Agricultural Policy (Wine) Regulations 1987

• Citation: S.I. 1987/1843
• Sections: 85

Section 1 Title and commencement

These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1987 and shall come into force on 20th November 1987.

Section 2 Interpretation and revocation

(1) In these Regulations, unless the context otherwise requires—

“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 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;

“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 and, in relation to Scotland, Northern Ireland or Wales, the Secretary of State;

“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;

(2) The Common Agricultural Policy (Wine) Regulations 1982 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1983 are hereby revoked.

Section 3 Enforcement

(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 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.

(6) In this regulation—

(a) “local authority” means—

(i) as respects England and Wales, a food and drugs authority for the purposes of the Food Act 1984 ;

(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 ;

(iii) as respects Northern Ireland, a district council for the purposes of section 29 of the Food and Drugs Act (Northern Ireland) 1958 ;

(b) “the Wine Standards Board” means the Wine Standards Board of The Vintners' Company.

(7) The provisions of this regulation are without prejudice to the duties of such local authorities under the provisions of the respective Acts referred to in paragraph (6) of this regulation.

Section 4 Exemptions

The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation ( EEC ) No. 355/79 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 authority 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.

Section 5 Exemptions

The provisions of Article 13(1) of Council Regulation (EEC) No. 347/79 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 subparagraph of Article 13(2) thereof.

Section 6 Offences and penalties

(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 on summary conviction to a fine not exceeding £2,000, or 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 or VII 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 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.

(4) 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 to 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.

Section 1

Commission Regulation (EEC) No. 1594/70 on the notification, carrying out and control of the processes of enriching, acidifying and deacidifying wine, as amended by Commission Regulation (EEC) No. 2531/77 ( OJ No. L294, 18.11.77, p.10) and by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17), and by Commission Regulation (EEC) No. 632/80 (OJ No. L69, 15.3.80, p.33), and by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8)

Section 2

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

Section 3

Commission Regulation (EEC) No. 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, p.13)

Section 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)

Section 5

Commission Regulation (EEC) No. 2805/73 laying down certain transitional provisions relating to the percentage of sulphur dioxide in wines produced before 1 October 1973, as amended by Commission Regulation (EEC) No. 3548/73 (OJ No. L361, 29.12.73, p.35), and by Commission Regulation (EEC) No. 2160/75 (OJ No. L220, 20.8.75, p.7), and by Commission Regulation (EEC) No. 1455/76 (OJ No. L163, 24.6.76, p.12), and by Commission Regulation (EEC) No. 966/77 (OJ No. L115, 6.5.77, p.7)

Section 6

Commission Regulation (EEC) No. 1153/75 prescribing the form of accompanying documents for wine products and specifying the obligations of wine producers and traders other than retailers, as amended by Commission Regulation (EEC) No. 2617/77 (OJ No. L304, 29.11.77, p.33), and by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17), and by Commission Regulation (EEC) No. 3203/80 (OJ No. L333, 11.12.80, p.18), and by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8)

Section 7

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

Section 8

Commission Regulation (EEC) No. 643/77 laying down rules for coupage and wine making in free zones on the geographical territory of the Community in respect of wine products originating in third countries, as amended by Commission Regulation (EEC) No. 3203/80 (OJ No. L333, 11.12.80, p.18), and by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8)

Section 9

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)

Section 10

Council Regulation (EEC) No. 347/79 on general rules for the classification of vine varieties, as amended by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17), and by Council Regulation (EEC) No. 3805/85 (OJ No. L367, 31.12.85, p.39)

Section 11

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)

Section 12

Council Regulation (EEC) No. 353/79 laying down the conditions for coupage and wine making in the free zones on Community territory for wine products originating in third countries

Section 13

Council Regulation (EEC) No. 354/79 laying down general rules for the import of wines, grape juice and grape musts, as amended by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17), and by Council Regulation (EEC) No. 2633/85 (OJ No. L251, 20.9.85, p.3), and by Council Regulation (EEC) No. 3805/85 (OJ No. L367, 31.12.85, p.39)

Section 14

Council Regulation (EEC) No. 355/79 laying down general rules for the description and presentation of wines and grape musts, as amended by the Act of Accession of the Hellenic Republic (OJ No. L291, 19.11.79, p.17), and by Council Regulation (EEC) No. 461/80 (OJ No. L57, 29.2.80, p.36), and by Council Regulation (EEC) No. 1016/81 (OJ No. L103, 15.4.81, p.7), and by Council Regulation (EEC) No. 3685/81 (OJ No. L369, 24.12.81, p.1), and by Council Regulation (EEC) No. 2056/84 (OJ No. L191, 19.7.84, p.3), and by Council Regulation (EEC) No. 3490/84 (OJ No. L327, 14.12.84, p.2), and by Council Regulation (EEC) No. 1898/85 (OJ No. L179, 11.7.85, p.1), and by Council Regulation (EEC) No. 3805/85 (OJ No. L367, 31.12.85, p.39), and by Council Regulation (EEC) No. 1625/86 (OJ No. L144, 29.5.86, p.1), and by Council Regulation (EEC) No. 537/87 (OJ No. L55, 25.2.87, p.3)

Section 15

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)

Section 16

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 , 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)

Section 17

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 28th May 1979

Section 18

Council Regulation (EEC) No. 2585/79 authorising, in the Gigondas registered designated area, the additional acidification of certain products from the 1979 wine harvest

Section 19

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

Section 20

Council Regulation (EEC) No. 2931/80 on certain quality wines originating in the Republic of Austria

Section 21

Commission Regulation (EEC) No. 997/81 laying down detailed rules for the description and presentation of wines and grape musts, as amended by Commission Regulation (EEC) No. 2628/81 (OJ No. L258, 11.9.81, p.10), and by Commission Regulation (EEC) No. 1224/83 (OJ No. L134, 21.5.83, p.1), and by Commission Regulation (EEC) No. 1011/84 (OJ No. L101, 13.4.84, p.17), and by Commission Regulation (EEC) No. 2337/84 (OJ No. L215, 11.8.84, p.9), and by Commission Regulation (EEC) No. 2397/84 (OJ No. L224, 21.8.84, p.19), and by Commission Regulation (EEC) No. 418/86 (OJ No. L48, 26.2.86, p.8), and by Commission Regulation (EEC) No. 63/87 (OJ No. L8, 10.1.87, p.38), and by Commission Regulation (EEC) No. 689/87 (OJ No. L66, 11.3.87, p.5)

Section 22

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 (EEC) 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)

Section 23

Council Regulation (EEC) No. 3826/81 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 certain wines bearing a geographical ascription

Section 24

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

Section 25

Commission Regulation (EEC) No. 2102/84 on harvest, production and stock declarations relating to wine sector products, as amended by Commission Regulation (EEC) No. 2459/84 (OJ No. L231, 29.8.84, p.5), and by Commission Regulation (EEC) No. 2391/85 (OJ No. L225, 23.8.85, p.13), and by Commission Regulation (EEC) No. 2467/86 (OJ No. L211, 1.8.86, p.17), and by Commission Regulation (EEC) No. 2528/87 (OJ No. L240, 22.8.87, p.11)

Section 26

Commission Regulation (EEC) No. 2394/84 laying down conditions of use of ion exchange resins and detailed implementing rules for the preparation of rectified concentrated grape must, as amended by Commission Regulation (EEC) No. 888/85 (OJ No. L96, 3.4.85, p.14), and by Commission Regulation (EEC) No. 2751/86 (OJ No. L253, 5.9.86, p.11)

Section 27

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

Section 28

Commission Regulation (EEC) No. 3190/85 authorising, in the Châteauneuf-du-Pape and Gigondas registered designation areas, the additional acidification of certain products from the 1985 wine harvest

Section 29

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

Section 30

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, 29.5.86, p.3), and by Council Regulation (EEC) No. 538/87 (OJ No. L55, 25.2.87, p.4)

Section 31

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)

Section 32

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

Section 33

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

Section 34

Commission Regulation (EEC) No. 418/86 amending various Regulations concerning wine as a result of the accession of Spain and Portugal

Section 35

Commission Regulation (EEC) No. 479/86 determining the exceptional cases in which coupage of red Spanish wines with red wines of the other Member States, derived from certain varieties of grape and originating in certain regions of the Community, shall be allowed

Section 36

Council Regulation (EEC) No. 1627/86 laying down rules for the description of special wines with regard to the indication of alcoholic strength

Section 37

Commission Regulation (EEC) No. 1781/86 laying down certain detailed rules for authorising the coupage with Spanish red wines of certain red wines of other Member States

Section 38

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

Section 39

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)

Section 40

Council Regulation (EEC) No. 2392/86 establishing a Community vineyard register

Section 41

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)

Section 42

Commission Regulation (EEC) No. 649/87 laying down detailed rules for the establishment of a Community vineyard register

Section 43

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)

Section 44

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