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Statutory Instrument 1987 No. 1843
The Common Agricultural Policy (Wine) Regulations 1987
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1987 No. 1843
AGRICULTURE
The Common Agricultural Policy (Wine) Regulations 1987
| Laid before Parliament | 30th October 1987 |
| Coming into force | 20th November 1987 |
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred upon them by the said section and of all other powers enabling them in that behalf, hereby make the following Regulations: Title and commencement
1. These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1987 and shall come into force on 20th November 1987. Interpretation and revocation
2.—(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[3] and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985[4]; "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[5] and the Common Agricultural Policy (Wine) (Amendment) Regulations 1983[6] are hereby revoked.
Enforcement
3.—(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[7]; (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[8]; (iii) as respects Northern Ireland, a district council for the purposes of section 29 of the Food and Drugs Act (Northern Ireland) 1958[9]; (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.
Exemptions
4. 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[10] 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. 5. The provisions of Article 13(1) of Council Regulation (EEC) No. 347/79[11] 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. Offences and penalties
6.—(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.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
18th October 1987.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
12th October 1987
Notes:[1] S.I. 1972/1811.
[2] 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, in relation to offences triable only summarily, with sections 37, 40 and 46 of the Criminal Justice Act 1982 (c. 48), in relation to offences triable on indictment or summarily, with section 32 of the Magistrates' Courts Act 1980 (c. 43), and in each case, with S.I. 1984/447; as regards Scotland, in relation to offences triable only summarily with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by section 54 of the Criminal Justice Act 1982, in relation to offences triable on indictment or summarily, with section 289B of the Criminal Procedure (Scotland) Act 1975, as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55 of the Criminal Justice Act 1982, and, in each case, with S.I. 1984/526; and, as regards Northern Ireland, with S.I. 1984/703 (N.I. 3), S.R. (N.I.) 1984 No. 253.
[3] OJ No. L291, 19.11.79, p.17.
[4] OJ No. L302, 15.11.85, p.23.
[5] S.I. 1982/578.
[6] S.I. 1983/1042.
[7] 1984 c. 30.
[8] 1956 c. 30.
[9] 1958 c. 27 (N.I.).
[10] OJ No. L54, 5.3.79, p.99.
[11] OJ No. L54, 5.3.79, p.75.
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