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The Wine Regulations 2011
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- UK Statutory Instruments
- 2011 No. 2936
- PART 1
- Regulation 2
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InterpretationE+W+S
This section has no associated Explanatory Memorandum
2.—(1) In these Regulations—
(a)references to [F1any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2)] are references to those instruments as amended from time to time;
(b)terms used in the [F2retained EU Regulations] have the same meaning as in those Regulations.
(2) In these Regulations—
[F3“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);]
[F4“the Agency” means—
(a)
in relation to England [F5and Wales], the Food Standards Agency; or
(b)
in relation to Scotland, Food Standards Scotland,]
“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,
[F6premises” includes any land or vehicle;]
[F7“the [F2retained EU Regulations]” means—
(a)
F8...
(b)
the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),
(c)
Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,
(d)
Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products(1),
(e)
Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information(2) (“Commission Regulation (EU) 2018/273”),
(f)
Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks(3) (“Commission Implementing Regulation (EU) 2018/274”),
(g)
Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation(4),
(h)
Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;
(i)
[F9Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files;
(j)
Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;]]
F10... and
“wine sector product” means a product mentioned in [F11Part II of Annex VII to Regulation (EU) 2013].
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 2(1)(a) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(4)(a)
F2Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)
F3Words in reg. 2(2) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(2)
F4Words in reg. 2(2) inserted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(2)
F5Words in reg. 2(2) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(4)(b)(i)
F6Words in reg. 2(2) inserted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(4)(b)(ii)
F7Words in reg. 2(2) substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(3)
F8Words in reg. 2(2) omitted (16.7.2020) by virtue of The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(a)
F9Words in reg. 2(2) inserted (16.7.2020) by The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(b)
F10Words in reg. 2(2) omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(4)(b)(ii)
F11Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(2)(b)
InterpretationN.I.
2.—(1) In these Regulations—
(a)references to EU instruments are references to those instruments as amended from time to time;
(b)terms used in the European Regulations have the same meaning as in those Regulations.
(2) In these Regulations—
[F12“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);]
[F13“the Agency” means the Food Standards Agency;]
“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,
[F14“the European Regulations” means—
(a)
F15...
(b)
the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),
(c)
Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,
(d)
Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products,
(e)
Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information (“Commission Regulation (EU) 2018/273”),
(f)
Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks (“Commission Implementing Regulation (EU) 2018/274”),
(g)
Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation,
(h)
Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;
(i)
[F16Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files;
(j)
Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;]]
“premises” includes any land or vehicle; and
“wine sector product” means a product mentioned in [F17Part II of Annex VII to Regulation (EU) 2013].
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F12Words in reg. 2(2) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(2)
F13Words in reg. 2(2) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 14(3)
F14Words in reg. 2(2) substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(3)
F15Words in reg. 2(2) omitted (16.7.2020) by virtue of The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(a)
F16Words in reg. 2(2) inserted (16.7.2020) by The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(b)
F17Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 13(2)(b)
(1)
OJ No L 170, 30.6.2008, p1, as last amended by Commission Regulation (EU) No 772/2010 (OJ No L 232, 2.9.2010, p1).
(2)
OJ No L 128, 27.5.2009, p15, as last amended by Commission Regulation (EU) No 173/2011 (OJ No L 49, 24.2.2011, p16).
(3)
OJ No L 193, 24.7.2009, p1, as last amended by Commission Regulation (EU) No 53/2011 (OJ No L 19, 22.1.2011, p1).
(4)
OJ No L 193, 24.7.2009, p. 60, as last amended by Commission Implementing Regulation (EU) No 670/2011 (OJ No L 183, 13.7.2011, p6).
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