Comprehensive guidance concerning the relevant wine legislation can be found on our website and our Inspectors will be happy to discuss specific incidents and provide advice as to the application of relevant legislation. Inspectors will also in certain circumstances, attend joint operations and inspections although it must be emphasised that they have no direct enforcement powers at premises used only for retail purposes.
3. The European Wine Regime
EC Regulations are published in the 'L' series of the 'Official Journal' as either 'Council' or 'Commission' regulations. The EC website 'Europa' lists all legislation in force, including amendments and supplements to the original text. http://ec.europa.eu/agriculture/wine/legislation/index_en.htm
b. Principal regulations
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (CMO Regulation)
This regulation provides for the overall system of control for agricultural products, including wine. As regards wine it covers
Support mechanisms, promotion
Production potential, including planting authorisations
Oenological practices and processes, description, designation
Presentation and Protection of designations
Trade with Third Countries
Free circulation and release to the market
It also sets out the framework of labelling requirements for still and sparkling wines, semi sparkling wines and liqueur wines (e.g. Port, Sherry).
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules as regards enforcement responsibilities of Member States, support programmes, trade with third countries, production potential and controls in the wine sector. In particular this covers the need for VI1 documents for third country wines.
Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept.
Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules as regards the categories of grapevine products, oenological practices and any applicable restrictions.
Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products.
c. UK National Wine Legislation
EC wine regulations are brought into effect in the UK by means of Statutory Instruments – The Wine Regulations – that are updated by way of periodic amending S.I.s.
The Regulations perform the following functions:
List the Community Regulations under which prosecutions maybe pursued
List the various competent authorities
Specify the penalties that can be imposed on persons found guilty of offences
List the various enforcement authorities and the scope of their responsibilities
Specify the powers of the 'authorised officers';
Set out any UK national provisions e.g. the rules for the “Quality” schemes (Protected Designation of Origin and Protected Geographical Indication).
In this context the FSA is listed as an authority for enforcement purposes for the import and export of wine and for the industry in general, with the exception of the retail sector. Inspectors have powers as "authorised officers".
Liaison and competent authorities
The following bodies are designated by the Wine Regulations as responsible for ensuring compliance with EU wine law:
Department for Environment, Food and Rural Affairs (Defra): designated as the liaison body responsible for contact with the European Commission and for co-coordinating activities of control authorities in the UK.(counterpart bodies in the devolved regions)
Food Standards Agency (FSA): is the control authority that enforces the wine regulations in the wholesale sector of the wine trade, including vineyards and wineries. It also supervises the EU system of documentation and maintenance of records for wine.
Local Authorities: local authority officers enforce the wine regulations at retail level and are also responsible for Personal and Premises Alcohol Licences.
HM Revenue and Customs: is responsible for ensuring that wine is accompanied by the necessary documentation at the point of entry to the UK for third country wine, or at the consignees’ tax warehouse for EU wine.
Authorised officers of these bodies have extensive enforcement powers for the purpose of securing compliance with the wine regulations. These include powers of entry and inspection and control of movement of wine, as well as authority to take samples of wine.
d. EC Information and Notices
These documents are published in the "C" series of 'Official Journals', and are for information only. They include notifications of new Protected Designations of Origin or new Protected Geographical Indication of Origin, lists of authorities in Member States and designated laboratories