Title and commencement

1.  These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005 and shall come into force on 25th November 2005.

Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001

2.—(1) The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001(4) are amended as follows.

(2) The following definition of “the Commissioners” is substituted for the definition of that term in regulation 2(1)—

““the Commissioners” means the Commissioners for Revenue and Customs;”.

(3) The following definition of “Council Regulation (EC) No. 1493/1999” is substituted for the definition of that term in regulation 2(1)—

““Council Regulation (EC) No. 1493/1999” means Council Regulation (EC) No. 1493/1999(5) on the common organisation of the market in wine, as last amended by Commission Regulation (EC) No. 1795/2003(6), and references in Schedules 2 and 5 to “Regulation 1493/1999” shall be construed accordingly;”.

(4) The following definitions are inserted in their appropriate alphabetical places in regulation 2(1)—

““Commission Regulation (EEC) No. 2676/90” means Commission Regulation (EEC) No. 2676/90(7) determining Community methods for the analysis of wines, as last amended by Commission Regulation (EC) No. 355/2005(8);”;

““Commission Regulation (EC) No. 1622/2000” means Commission Regulation (EC) No. 1622/2000(9) laying down certain detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine and establishing a Community code on oenological practices and processes, as last amended by Commission Regulation (EC) No. 1428/2004(10), and references in Schedules 2 and 5 to “Regulation 1622/2000” shall be construed accordingly;”;

““Commission Regulation (EC) No. 1623/2000” means Commission Regulation (EC) No. 1623/2000(11) laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine with regard to market mechanisms, as last amended by Commission Regulation (EC) No. 1774/2004(12), and the reference in Part I of Schedule 2 to “Regulation 1623/2000” shall be construed accordingly;”;

““Commission Regulation (EC) No. 883/2001” means Commission Regulation (EC) No. 883/2001(13) laying down detailed rules for implementing Council Regulation (EC) No. 1493/1999 as regards trade with third countries in products in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004(14), and the reference in Part V of Schedule 2 to “Regulation 883/2001” shall be construed accordingly;”;

““Commission Regulation (EC) No. 884/2001” means Commission Regulation (EC) No. 884/2001(15) laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector, as last amended by Commission Regulation (EC) No. 908/2004, and the reference in Part I of Schedule 2 to “Regulation 884/2001” shall be construed accordingly;”;

““Commission Regulation (EC) No. 753/2002” means Commission Regulation (EC) No. 753/2002(16) laying down certain rules for applying Council Regulation (EC) No. 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as last amended by Commission Regulation (EC) No. 1991/2004(17);”;

““Council Regulation (EEC) No. 2392/86” means Council Regulation (EEC) No. 2392/86(18) establishing a Community vineyard register, as last amended by Council Regulation (EC) No. 1631/98(19), and the reference in Part VII of Schedule 2 to “Regulation 2392/86” shall be construed accordingly;”.

(5) The Schedule set out in Schedule 1 to these Regulations is substituted for Schedule 1.

(6) In Schedule 2—

(a)the items set out in Part 1 of Schedule 2 to these Regulations are substituted for items 1 and 2 of the table set out in Part III of Schedule 2;

(b)the item set out in Part 2 of Schedule 2 to these Regulations is substituted for item 12 of the table set out in Part V of Schedule 2; and

(c)the number “1999” is substituted for the number “2000” in the first column of item 15 of the table set out in Part V of Schedule 2.

(7) The following entries are inserted in Schedule 3 in their appropriate alphabetical places —

(8) The Schedule set out in Schedule 3 to these Regulations is substituted for Schedule 7.

Regulation 2(5)

SCHEDULE 1THE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1

Regulation 2(1)

“SCHEDULE 1COMMUNITY PROVISIONS

Regulation 2(6)

SCHEDULE 2ITEMS TO BE SUBSTITUTED IN SCHEDULE 2

PART 1ITEMS TO BE SUBSTITUTED IN PART III OF SCHEDULE 2

PART 2ITEM TO BE SUBSTITUTED IN PART V OF SCHEDULE 2

Regulation 2(8)

SCHEDULE 3THE SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 7

Regulation 5A(5)

“SCHEDULE 7GEOGRAPHICAL UNITS PRODUCING REGIONAL WINES

1.  This Schedule applies to the geographical units specified in column 1 of the following table comprising in each case the area specified in the corresponding entry in column 2 of the table other than land within that area that is situated at an altitude of more than 250 metres above sea level—

2.  In this Schedule any reference to a named county is a reference to a county established by or under the Local Government Act 1972(22) or by an order made under section 17 of the Local Government Act 1992(23).”

Explanatory Note

(This Note is not part of the Regulations)

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

These Regulations—

(a)update the definition of “the Commissioners” in regulation 2(1) of the 2001 Regulations following the vesting of functions previously exercisable by the Commissioners of Customs and Excise in the Commissioners for Revenue and Customs (regulation 2(2));

(b)update references to European Community legislation by making changes to the definitions in the 2001 Regulations (regulation 2(3) and (4)), substituting a new Schedule 1 to the 2001 Regulations (regulation 2(5) and Schedule 1) and updating Parts III and Part V of Schedule 2 to the 2001 Regulations (regulation 2(6)(a) and (b) and Schedule 2);

(c)correct an error in item 15 of the table set out in Part V of Schedule 2 to the 2001 Regulations (regulation 2(6)(c));

(d)add Gamay and Gewurztraminer to the list of vine varieties that may be used in the production of wines in England and Northern Ireland (regulation 2(7)); and

(e)make changes to the geographical indications that may be used for the designation of regional wines by substituting a new Schedule 7 to the 2001 Regulations which adds Berkshire, Buckinghamshire, Cheshire, Derbyshire, Lancashire, Leicestershire, Northamptonshire, Nottinghamshire, Rutland, Staffordshire, Warwickshire, West Midlands and Wiltshire to the list of names of geographical units that may be used to describe regional wines produced in those units (regulation 2(8) and Schedule 3).

A full regulatory impact assessment has not been prepared for this instrument as it has no impact on the cost of business.