WINE ACT 2011

2011 No. 0000

AGRICULTURE

The Wine Regulations 2011

Coming into force - - 30th December 2011

 

CONTENTS

PART 1

Introduction

1. Title and commencement

2. Interpretation

3. Official functions and enforcement

4. The competent authority

PART 2

Vineyard registers, protected geographical indications and protected designations of origin

5. Vineyard register

6. Protected geographical indications and protected designations of origin

PART 3

Enforcement

7. Disclosure of information

8. Powers of authorised officers

9. Warrant

10. Warning notices

11. Enforcement notices

12. Prohibition notices

13. Appeals against notices etc.

14. Offences

15. Penalties

16. Proceedings against partnerships and unincorporated associations

17. Offences by bodies corporate, partnerships and unincorporated associations

PART 4

Final provisions

18. Review

19. Amendments to other legislation

20. Revocations

SCHEDULE 1 — Protected geographical indications

SCHEDULE 2 — Protected designations of origin

 

The Secretary of State has carried out a public consultation in accordance with Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(a).

The Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(b) and it appears to the Secretary of State that it is expedient for the European Union instruments referred to in these Regulations to be construed as references to those instruments as amended from time to time.

The Secretary of State is a Minister designated(c) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union, and makes these Regulations under the powers conferred by that section and by paragraph 1A of Schedule 2 to that Act(d).

 

PART 1

Introduction

 

Title and commencement

1.

(1) These Regulations may be cited as the Wine Regulations 2011.

(2) They come into force on 30th December 2011.

 

Interpretation

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:

“the European Regulations” means:

(a) Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails(a);

(b) the parts relating to wine of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(b);

(c) Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector(c);

(d) Commission Regulation (EC) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 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(d);

(e) Commission Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions(e);

(f) Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labeling and presentation of certain wine sector products(f);

“premises” includes any land or vehicle.

 

Official functions and enforcement

3.

(1) The local authority enforces the European Regulations in relation to retail sale; and in this paragraph “local authority” means:

(a) an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990(g); and

(b) in Northern Ireland, a district council within the meaning of the Interpretation Act (Northern Ireland) 1954(h).

(2) The Secretary of State, general customs officials, and the Food Standards Agency enforce them in relation to import and export.

(3) in Northern Ireland, the Department of Agriculture and Rural Development is substituted for the Secretary of State in relation to the Secretary of State’s powers in sub-paragraph (2) above.

(4) Otherwise the Food Standards Agency or the Secretary of State enforce these Regulations and the European Regulations.

(5) Each of these is referred to as “an enforcement authority”.

(6) Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

 

The competent authority

4.

(1) The Secretary of State is the competent authority for, and acts as the Member State for, the European Regulations.

(2) But:

(a) the Food Standards Agency is the competent authority for the purposes of:

(i) the reception of any information or declarations that must be submitted to the competent authority or member State under the European Regulations;

(ii) Article 118o(1) of Council Regulation (EC) No 1234/2007;

(iii) Article 63(1) of Commission Regulation (EC) No 607/2009;

(b) Her Majesty’s Commissioners for Revenue and Customs are the competent authority for the purposes of Article 44 of Commission Regulation (EC) No 436/2009.

 

PART 2

Vineyard registers, protected geographical indications and protected designations of

origin

Vineyard register

5.

(1) Paragraph (2) applies to a person who:

(a) planted vines of more than 0.1 ha before the commencement of these Regulations; and

(b) has not, before that date, provided the Food Standards Agency with the specified information.

(2) A person to whom this paragraph applies must provide the Food Standards Agency with the specified information within a period of 6 months beginning with the commencement of these Regulations.

(3) A person who plants vines of more than 0.1 ha after the commencement of these Regulations must provide the Food Standards Agency with the specified information within a period of 6 months beginning with the date of planting.

(4) In this regulation, “the specified information” means the information in Article 3(1)(a)(i) to (iv) of Commission Regulation (EC) No 436/2009.

 

Protected geographical indications and protected designations of origin

6.

(1) Schedule 1 (protected geographical indications) has effect.

(2) Schedule 2 (protected designations of origin) has effect.

 

 

PART 3

Enforcement

 

Disclosure of information

7.

(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Secretary of State or the Food Standards Agency for the purposes of the European Regulations or these Regulations.

(2) Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.

 

Powers of authorised officers

8.

(1) An authorised officer of an enforcement authority may, on producing a duly authenticated authorisation if required, at any reasonable time enter any premises for the purpose of executing or enforcing the European Regulations or these Regulations.

(2) Paragraph (1) does not apply in relation to premises which are used wholly as a private dwelling, or, where part of a private dwelling is used for the purpose of carrying out an activity regulated by the European Regulations or these Regulations, in relation to any part of a private dwelling which is not so used.

(3) An authorised officer who has entered any premises (whether under paragraph (1) or under the authority of a warrant under regulation 9) may:

(a) inspect any materials or articles;

(b) have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;

(c) have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any person to afford such assistance as may reasonably be required (including the provision of passwords), and may require any computer records to be produced in a form in which they may be taken away;

(d) seize and retain anything required as evidence in proceedings under these Regulations;

(e) undertake an inventory of wine sector products and of anything which may be used in the preparation of wine sector products; and

(f) purchase or take samples of any wine sector product and of anything which may be used in the preparation of wine sector products.

(4) An authorised officer who has procured a sample of any wine sector product or of anything which may be used in the preparation of wine sector products may analyse or examine that sample or have that sample analysed or examined.

(5) An authorised officer entering any premises by virtue of this regulation may be accompanied by such other person as the officer considers necessary or by a representative of the European Commission.

 

Warrant

9.

(1) If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, or in Northern Ireland on a sworn complaint in writing, is satisfied:

(a) that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the European Regulations or these Regulations; and

(b) that any of the conditions in paragraph (2) are met, the justice may by signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.

(2) The conditions are that:

(a) admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;

(c) entry is required urgently; or

(d) the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant is valid for three months.

(4) An authorised officer entering any premises which are unoccupied or from which the

occupier is temporarily absent must leave them as effectively secured against unauthorised entry

as it was before entry.

(5) In this regulation, a reference to a justice of the peace:

(a) in Scotland includes a sheriff; and

(b) in Northern Ireland is a reference to a lay magistrate.

Warning notices

10.

(1) An authorised officer of an enforcement authority who believes that a person has contravened any provision of the European Regulations may serve a notice under this regulation on the person (a “warning notice”).

(2) A warning notice must:

(a) state the provision of the European Regulations that the officer believes has been breached;

(b) notify the person that any future breach of that provision by them may render the person liable to prosecution;

(c) give details of the right of appeal against the notice.

 

Enforcement notices

11.

(1) An enforcement notice is a notice requiring a person to take specified steps to remedy a contravention, to remedy a contravention to the fullest extent possible, or to remedy matters making it likely that a contravention will arise.

(2) An authorised officer of an enforcement authority may serve an enforcement notice on a person if the officer is of the opinion that the person:

(a) has contravened regulation 5; or

(b) has contravened, is contravening or is likely to contravene any provision of the European Regulations.

(3) An enforcement notice must:

(a) state that the officer is of that opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be;

(d) specify the period within which those steps must be taken;

(e) give details of the right of appeal against the notice.

 

Prohibition notices

12.

(1) A prohibition notice is a notice prohibiting the movement, marketing or export of a wine sector product.

(2) An authorised officer of an enforcement authority may serve a prohibition notice on a person who appears to be in control of a wine sector product if the officer is of the opinion that there has been or may have been a contravention of any provision of the European Regulations in relation to the product.

(3) A prohibition notice must give details of the right of appeal against the notice.

(4) The officer may mark any wine sector product or container in relation to which a prohibition notice has been served (and remove or alter any such mark).

 

Appeals against notices etc.

13.

(1) A person who is aggrieved by a notice served under these Regulations may appeal against it.

(2) The right of appeal is to a person nominated by the Food Standards Agency.

(3) An appeal may be brought not later than 28 days after the date on which the notice is served.

(4) A notice is not suspended pending an appeal unless the person nominated under paragraph

(2) decides otherwise.

(5) The person hearing the appeal may either cancel or confirm the notice, with or without modification.

(6) A notice must be in writing.

(7) An authorised officer of an enforcement authority may at any time withdraw or vary a notice in writing.

(8) A person on whom an enforcement notice or a prohibition notice is served must comply with it at their own expense.

 

Offences

14.

(1) A person who breaches any of the following provisions of the European Regulations is guilty of an offence:

(a) Article 118m(2), the first sub-paragraph of Article 118v(1), 120c or 158a(2) of Council Regulation (EC) No 1234/2007;

(b) Article 41 of Commission Regulation (EC) No 436/2009.

(2) It is an offence for a person to:

(a) fail to comply with an enforcement notice or a prohibition notice;

(b) fail to comply with a provision of the European Regulations at any time after that person has received a warning notice in respect of that provision.

(3) It is an offence:

(a) intentionally to obstruct an authorised officer acting in the execution of these Regulations or of the European Regulations (including obstruction by the alteration or removal of a mark made under regulation 12(4));

(b) without reasonable cause, to fail to give to any such officer any assistance or information which that officer may reasonably require;

(c) to furnish to any such officer any information knowing it to be false or misleading; or

(d) to fail to produce a document, record or passport to any such officer when required to do so.

(4) It is an offence for a person, including a servant of the Crown, to disclose any information received from the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1) if:

(a) the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,

(b) the disclosure is for a purpose other than that specified in regulation 7(1), and

(c) the Commissioners have not given their prior consent to the disclosure.

(5) It is a defence for a person charged with an offence under paragraph (4) to prove that the person reasonably believed:

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

Penalties

15.

A person guilty of an offence under these Regulations is liable:

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

 

Proceedings against partnerships and unincorporated associations

16.

(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or unincorporated association may be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate:

(a) rules of court relating to the service of documents;

(b) section 33 of the Criminal Justice Act 1925(a) and Schedule 3 to the Magistrates’ Court Act 1980(b);

(c) section 70 of the Criminal Procedure (Scotland) Act 1995;

(d) section 18 of the Criminal Justice Act (Northern Ireland) 1945c and Article 166 of and

Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(d).

(3) A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.

 

Offences by bodies corporate, partnerships and unincorporated associations

17.

(1) Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of:

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of the offence.

(2) In paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where a partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.

(4) In paragraph (3) “partner” includes a person purporting to act as a partner.

(5) Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.

(6) In paragraph (5) “officer”, in relation to an unincorporated association, means:

(a) an officer of the association or a member of its governing body; or

(b) a person purporting to act in that capacity.

 

PART 4

Final provisions

 

Review

18.

(1) Before the end of each review period, the Secretary of State must:

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which the objectives have been achieved;

(c) assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3) The first review period is the period of five years beginning with the day on which these Regulations come into force.

(4) Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.

 

Amendments to other legislation

19.

(1) In the second column (product definition) of the table in Schedule A1 to the Weights and Measures (Intoxicating Liquor) Order 1988(a) —

(a) for the entry in the first row (still wine), substitute “wine as defined in point 1 of Annex XIb of Regulation (EC) No 1234/2007”,

(b) for the entry in the second row (yellow wine), substitute “wine using the traditional term “vin jaune” mentioned in the table in Annex XII of Regulation (EC) No 607/2009”,

(c) for the entry in the third row (sparkling wine), substitute “sparkling wine as defined in point 4 of Annex XIb of Regulation No 1234/2007”,

(d) for the entry in the fourth row (liqueur wine), substitute “liqueur wine as defined in point 3 of Annex XIb of Regulation No 1234/2007”.

(2) The Food Labelling Regulations 1996(b) are amended as follows—

(a) in regulation 2(1):

(i) for the definition of “grape must”, substitute ““grape must” has the meaning given in point 10 of Annex XIb to Council Regulation 1234/2007”,

(ii) for the definition of ““liqueur wine”, substitute “liqueur wine” has the meaning given in point 3 of Annex XIb to Council Regulation 1234/2007”,

(iii) for the definitions of “sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine”, substitute ““sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” have the meanings given in (respectively) points 4, 7, 8 and 9 of Annex XIb to Council Regulation 1234/2007,

(iv) for the definition of “wine”, substitute ““wine” has the meaning given in point 1 of Annex XIb to Council Regulation 1234/2007”;

(b) in regulation 4(2)

(i) for sub-paragraph (h), substitute

 “(h) wines or grape musts, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009”,

(ii) for sub-paragraph (j), substitute—

“(j) liqueur wines, semi-sparkling wines and aerated semi-sparkling wines, in so far as their labelling is regulated by Commission Regulation (EC) No 607/2009”;

(c) in regulation 43(1) and (2), for each occurrence of “wine as defined in Annex I to Council Regulation (EEC) 822/87”, substitute “wine within the meaning given in point 1 of Council Regulation 1234/2007”;

(d) in the second column (ingredients) of the table in Schedule 3, for the entry in the last row (wine), substitute “any type of wine defined in Council Regulation 1234/2007”.

 

Revocations

20. The following Regulations are revoked.

Regulations References

The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 S.I. 2001/686

The Common Agricultural Policy (Wine) (Wales) Regulations 2001 S.I. 2001/2193 (W. 155)

The Common Agricultural Policy (Wine) (Scotland) Regulations 2002 S.I. 2002/325

The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003 S.I. 2003/114

The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2003 S.S.I. 2003/164

The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003 S.I. 2003/1776 (W. 192)

The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004 S.S.I. 2004/272

The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004 S.I. 2004/1046

The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004 S.I. 2004/2599 (W. 232)

The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005 S.I. 2005/2992

The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006 S.S.I. 2006/311

The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2006 S.I. 2006/1499

The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006 S.I. 2006/1716 (W.178)

The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2007 S.I. 2007/1943

The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2007

The Wine Regulations (Northern Ireland) 2009 S.I. 2007/2333 (W. 191) S.R. 2009/354

The Wine Regulations 2009 S.I. 2009/386

 

Parliamentary Under Secretary of State

Date Department for Environment, Food and Rural Affairs

 

SCHEDULE 1 Regulation 6(1)

Protected geographical indications

 

Introductory

1.

This Schedule sets out the names, geographical areas and applicable requirements for the purposes of Article 118c(2)(h) of Council Regulation (EC) No 1234/2007 for the protected geographical indications

“English Regional”

“Welsh Regional”.

 

Names and geographical areas

2.

The geographical area in relation to the protected geographical indication:

(a) “English Regional” is England;

(b) “Welsh Regional” is Wales.

 

Applicable requirements for wine other than sparkling wine

3.

(1) The applicable requirements for wine other than sparkling wine are as follows.

(2) The wine must come from a batch of wine:

(a) for which the maximum yield for each hectare of land cultivated with vines for producing the wine was

100 hectolitres;

(b) that meets the standards set out in the following table.

Standards for wine other than sparkling wine (PGIs)

Factor Standard to be met

Actual alcoholic strength A minimum of 8.50% vol.

Total acidity A minimum of 4,00 grams per litre expressed as tartaric acid.

Volatile acidity:

In the case of grape must in fermentation, a maximum of  18 milliequivalents per litre;

In the case of white and rosé wines, 18 milliequivalents per litre;

In the case of red wine, 20 milliequivalents per litre.

Total sulphur dioxide:

In the case of wine with more than 45,00 grams per litre of residual sugar,

a maximum of 300 milligrams per litre;

In the case of red wine with 45,00 grams per litre or less, but 5,00 grams per litre or more, of residual sugar, a maximum of 200 milligrams per litre;

In the case of white or rosé wine with 45,00 grams per litre or less, but 5,00 grams per litre or more, of residual sugar, a maximum of 250 milligrams per litre;

In the case of red wine with less than 5,00 grams per litre of residual sugar,

a maximum of 150 milligrams per litre;

In the case of white or rosé wine less than 5,00 grams per litre of residual sugar,

a maximum of 200 milligrams per litre.

Free sulphur dioxide In the case of a dry wine,

a maximum of 45 milligrams per litre;

In the case of any other wine,

a maximum of 60 milligrams per litre.

Copper

A maximum of 0.5 milligrams per litre.

Iron

A maximum of 8 milligrams per litre.

Sterility

There must be no indication of yeasts or bacteria likely to cause spoilage.

Chill stability

There must be no crystal deposits when the wine is held at 2°C for 36 hours.

Protein stability

The wine must remain unchanged in appearance after being held at 70°C for 15 minutes and subsequently cooled to 20°C.

 

Applicable requirements for sparkling wine

4.

(1) The applicable requirements for sparkling wine are as follows.

(2) The wine must come from a batch of wine:

(a) for which the maximum yield for each hectare of land cultivated with vines for producing the wine was

100 hectolitres;

(b) that:

(i) is produced from cuveés with a total alcoholic strength of 9,00% or more by volume;

(ii) has been obtained by first or second alcoholic fermentation of fresh grapes, grape must or wine;

(iii) when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c) that meets the standards set out in the following table:

 

Standards for sparkling wine (PGIs)

Factor Standard to be met

Natural alcohol A minimum of 6,00% vol. before enrichment.

Actual alcoholic strength A minimum of 9.50% vol.

Total acidity A minimum of 4,00 grams per litre expressed as tartaric acid.

Volatile acidity A maximum of 18 milliequivalents per litre.

Total sulphur dioxide A maximum of 185 milligrams per litre.

Copper A maximum of 0.5 grams per litre.

Iron A maximum of 8 milligrams per litre.

Chill stability There must be no crystal deposits when the wine is held at 2°C for 36 hours.

Pressure

The wine must be at a pressure of not less than 3 bars when measured at 20°C, but this

requirement does not apply when it is in 25 centilitre bottles.

 

SCHEDULE 2 Regulation 6(2)

Protected designations of origin

 

Introductory

1.

This Schedule sets out the names, geographical areas and applicable requirements for the purposes of Article 118c(2)(h) of Council Regulation (EC) No 1234/2007 for the protected designations of origin,

“English”

and “Welsh”.

Names and geographical areas

2. The geographical area in relation to the protected designation of origin:

(a) “English” (which applies in respect of wine and sparkling wine) is England; and

(b) “Welsh” (which applies in respect of wine and sparkling wine) is Wales.

 

Applicable requirements for wine other than sparkling wine

3.

(1) The applicable requirements for wine other than sparkling wine are as follows.

(2) The wine must come from a batch of wine:

(a) for which the maximum yield for each hectare of land cultivated with vines for producing the wine was

80 hectolitres;

(b) for which the vines were grown at or below 220 metres above sea level;

(c) that meets the standards set out in the following table:

 

Standards for wine other than sparkling wine (PDOs)

Factor Standard to be met

Natural alcohol A minimum of 6,00% before enrichment.

Actual alcoholic strength 4.50% in the case of wine having a natural alcoholic strength of not less than 10,00%;

8.50% in the case of wine having a natural alcoholic strength of less than 10,00%.

Total acidity A minimum of 4,00 grams per litre expressed as tartaric acid.

Volatile acidity

In the case of grape must in fermentation, a maximum of 18 milliequivalents per litre;

In the case of white and rosé wine, a maximum of 18 milliequivalents per litre;

In the case of red wine, a maximum of 20 milliequivalents per litre.

Total sulphur dioxide In the case of wine with more than 45,00 grams per litre of residual sugar,

a maximum of 300 milligrams per litre;

In the case of red wine with 45,00 grams per litre or less, but 5,00 grams per litre or more, of residual sugar, a maximum of 200 milligrams per litre;

In the case of white or rosé wine with 45,00 grams per litre or less, but 5,00 grams per litre or more, of residual sugar, a maximum of 250 milligrams per litre;

In the case of red wine with less than 5,00 grams per litre of residual sugar,

a maximum of 150 milligrams per litre;

In the case of white or rosé wine less than 5,00 grams per litre of residual sugar,

a maximum of 200 milligrams per litre.

Free sulphur dioxide

In the case of a dry wine, a maximum of 45 milligrams per litre;

In the case of any other wine, a maximum of 60 milligrams per litre.

Copper A maximum of 0.5 milligrams per litre.

Iron A maximum of 8 milligrams per litre.

Sterility There must be no indication of yeasts or bacteria likely to cause spoilage.

Chill stability There must be no crystal deposits when the wine is held at 2°C for 36 hours.

Protein stability The wine must remain unchanged in appearance after being held at 70°C for 15 minutes and subsequently cooled to 20°C.

 

Applicable requirements for sparkling wine

4.

(1) The applicable requirements for sparkling wine are as follows.

(2) The wine must come from a batch of wine:

(a) for which the maximum yield for each hectare of land cultivated with vines for producing the wine was

100 hectolitres;

(b) that:

(i) is produced from cuveés with a total alcoholic strength of 9,00% or more by volume;

(ii) has been obtained by first or second alcoholic fermentation of fresh grapes, grape must or wine;

(iii) has been subject to secondary fermentation in the bottle;

(iv) has had a minimum of 9 months of secondary fermentation on the yeast lees, which have subsequently been removed by disgorgement;

(v) when the container is opened, releases carbon dioxide derived exclusively from fermentation;

(c) that meets the standards set out in the following table.

Standards for sparkling wine (PDOs)

Factor Standard to be met

Natural alcohol A minimum of 6,00% vol. before enrichment.

Actual alcoholic strength A minimum of 10,00% vol.

Total acidity A minimum of 4,00 grams per litre expressed as tartaric acid.

Volatile acidity

In the case of grape must in fermentation, a maximum of 18 milliequivalents per litre;

In the case of white and rosé wine, a maximum of 18 milliequivalents per litre;

In the case of red wine, a maximum of 20 milliequivalents per litre.

Total sulphur dioxide A maximum of 185 milligrams per litre.

Copper A maximum of 0.5 grams per litre.

Iron A maximum of 8 milligrams per litre.

Chill stability There must be no crystal deposits when the wine is held at 2°C for 36 hours.

Pressure

The wine must be at a pressure of not less than 3.50 bars when measured at 20°C, but this requirement does not apply when it is in 25 centilitre bottles.

 

SCHEDULE 3

Regulations 2001 5 and 6(1)(a)
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VINE VARIETIES CLASSIFIED FOR THE PRODUCTION OF WINE IN ENGLAND AND NORTHERN IRELAND

White vine varieties:

Auxerrois, Bacchus, Chardonnay, Chasselas, Ehrenfelser, Faberrebe, Findling, Gutenborner, Huxelrebe, Kerner, Kernling, Kanzler, Madeleine Angevine, Madeleine Royale, Madeleine Sylvaner , Mariensteiner,

Müller Thurgau (Rivaner), Optima, Ortega, *Orion, *Perle of Alzey (Perle), *Phoenix, Pinot blanc (Weissburgunder), Regner, Reichensteiner, Riesling, Rülander (Pinot gris), Scheurebe, Schönburger,

Senator, *Seyval blanc, Siegerrebe, White Elbling, Würzer;

Red vine varieties:

*Cascade (Seibel), Dornfelder, Dunkelfelder, *Léon Millot, Pinot Meunier (Wrotham Pinot), Pinot noir, Red Elbling, *Regent, *Rondo, *Triomphe, Zweigeltrebe (Blauer Zweigeltrebe).

 

*= An asterisk before the name of a variety denotes that this is an interspecific cross or hybrid vine variety, which is not permitted to be used for the production of quality wines PDO.
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SCHEDULE 4

Regulation 13
SPECIFIED REGIONS PRODUCING QUALITY WINES PSR

 

SPECIFIED REGION OF ENGLISH VINEYARDS

The counties of:

Avon

Bedfordshire

Berkshire

Buckinghamshire

Cambridgeshire

Cheshire

Cornwall

Derbyshire

Devon

Dorset

Durham

East Sussex

Essex

Gloucestershire

Greater London

Hampshire

Hereford & Worcester

Hertfordshire

Humberside

Isle of Wight

Kent

Leicestershire

Lincolnshire

Norfolk

Northamptonshire

Nottinghamshire

Oxfordshire

Shropshire

Somerset

South Yorkshire

Staffordshire

Suffolk

Surrey

Warwickshire

West Midlands

West Sussex

West Yorkshire

Wiltshire

 

SPECIFIED REGION OF WELSH VINEYARDS

The counties of:

Cardiff

Cardiganshire

Denbighshire

Monmouthshire

Pembrokeshire

Swansea

Newport

Rhondda,

Cynon,

Taff

The Vale of Glamorgan

Wrexham

 

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enforce in the United Kingdom Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wineproduct cocktails;

The parts of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) relating to wine;

Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector;

Commission Regulation (EC) No 436/2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 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 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions;

Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products.

These are defined as the “European Regulations” in regulation 2.

Regulation 3 sets out the enforcement authority for the purposes of the European Regulations and regulation 4 sets out the competent authority.

Regulation 5 requires those who plant more than 0.1ha of vines and are not already registered to register with the Food Standards Agency. Regulation 6 and Schedules 1 and 2 set out the requirements for protected geographical indications and protected designations of origin.

Regulations 8 to 17 set out enforcement related provision. In particular, regulation 14 creates offences in relation to breach of the European Regulations and regulation 15 sets out the penalties on conviction.

Regulation 18 requires the Secretary of State to review these Regulations and publish a report at a maximum interval of every five years.

Regulation 19 makes amendments consequential on repeals made by the European Regulations.

An impact assessment for this instrument has not been produced as no impact on the private, voluntary or public sectors is foreseen.

senigallia

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