Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Wine (Amendment) (England) Regulations 2024 and come into force on 15th July 2024.

(2) These Regulations extend to England and Wales and apply in relation to England only.

Commission Delegated Regulation (EU) 2019/33

2.  In Commission Delegated Regulation (EU) 2019/33of 17 October 2018 supplementing Regulation (EU) No1308/2013of 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( 3), in Article 53, after paragraph 6 insert—

“7.   No person may market a product in England using a term mentioned in paragraph 8 unless the product is a wine made exclusively from grapes naturally frozen on the vine.

8.   The terms referred to in paragraph 7 are:

(a) ‘ice wine’;

(b) ‘icewine’;

(c) ‘ice-wine’;

(d) a term similar to a term mentioned in point (a), (b) or (c);

(e) a term having the same meaning as a term mentioned in point (a), (b) or (c) in a language other than English;

(f) a term having a similar meaning to a term mentioned in point (a), (b) or (c) in a language other than English. ”.

Commission Delegated Regulation (EU) 2019/934

3.—(1) Commission Delegated Regulation (EU) 2019/934of 12 March 2019 supplementing Regulation (EU) No1308/2013of 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( 4) is amended as follows.

(2) In Article 1a—

(a) number the existing paragraph as paragraph (1);

(b) after paragraph (1) (as renumbered by sub-paragraph (a)) insert—

“(2)  In this Regulation, insofar as it relates to the use of oenological practices in England, ‘OIV Code of Oenological Practices’ means the 2023 issue of the International Code of Oenological Practices published by the International Organisation of Vine and Wine in Dijon in France in January 2023 (ISBN 978-2-85038-071-6). ”.

(3) Part A of Annex 1 is amended in accordance with paragraphs (4), (5) and (6).

(4) After the heading of Part A and before the heading of Table 1 insert—

“In this Part, insofar as it relates to the use of oenological practices in England, ‘OIV Codex’ and ‘International Oenological Codex’ mean the 2023 issue of the International Oenological Codex published by the International Organisation of Vine and Wine in Paris in France in January 2023 (ISBN 978-2-85038-063-1). ”.

(5) In Table 1 (authorised oenological processes referred to in Article 3(1) of Commission Delegated Regulation (EU) 2019/934)—

(a) in the descriptive header row, in the third column (numbered 2), at the end insert “(including any geographic limitations)”;

(b) after the row numbered 2 insert—

(c) in the row numbered 8 (flotation), in the third column (numbered 2), after the second sentence insert—

“This row does not apply to the use of flotation in England. (See row 8a for the use of flotation in England.) ”;

(d) after the row numbered 8 (flotation) insert the following row—

(e) at the end insert the following rows—

(6) In Table 2 (authorised oenological compounds referred to in Article 3(1) of Commission Delegated Regulation (EU) 2019/934)—

(a) in the descriptive header row, in the eighth column (numbered 7), at the end insert “(including any geographic limitations)”;

(b) in section 1 (acidity regulators)—

(i) after the row numbered 1.7 insert the row in Part 1 of the Schedule;

(ii) after the row numbered 1.9 insert the rows in Part 2 of the Schedule;

(c) in section 2 (preservatives and antioxidants), after the row numbered 2.7 insert the row in Part 3 of the Schedule;

(d) in section 3 (sequestrants)—

(i) in the title row numbered 3, in the second column, for “Sequestrants” substitute “Adsorbents”;

(ii) in the row numbered 3.2 (selective vegetal fibres), in the eighth column (numbered 7) insert—

“This row does not apply to the use of selective vegetal fibres in England. (See row 3.2a for the use of selective vegetal fibres in England.) ”;

(iii) after the row numbered 3.2 insert the row in Part 4 of the Schedule;

(e) in section 4 (activators for alcoholic and malolactic fermentation)—

(i) in the row numbered 4.1 (microcrystalline cellulose), in the eighth column (numbered 7), after the first sentence insert—

“This row does not apply to the use of microcrystalline cellulose in England. (See row 4.1a for the use of microcrystalline cellulose in England.) ”;

(ii) after the row numbered 4.1 insert the row in Part 5 of the Schedule;

(f) in section 6 (stabilising agents)—

(i) in the row numbered 6.8 (gum arabic), in the eighth column (numbered 7), at the end insert—

“This row does not apply to the use of gum arabic in England. (See row 6.8a for the use of gum arabic in England.) ”;

(ii) after the row numbered 6.8 insert the row in Part 6 of the Schedule;

(iii) in the row numbered 6.11 (carboxymethylcellulose) in the eighth column (numbered 7), after the first sentence insert—

“This row does not apply to the use of carboxymethylcellulose in England. (See row 6.11a for the use of carboxymethylcellulose in England.) ”;

(iv) after the row numbered 6.11 insert the row in Part 7 of the Schedule;

(g) in section 7 (enzymes), after the row numbered 7.8 insert the rows in Part 8 of the Schedule.

Regulation 3(6)

SCHEDULE Rows inserted in Table 2 in Part A of Annex 1 to Commission Delegated Regulation (EU) 2019/934

PART 1 Row inserted after the row numbered 1.7 (row 1.8)

PART 2 Rows inserted after the row numbered 1.9 (rows 1.10 to 1.12)

PART 3 Row inserted after the row numbered 2.7 (row 2.8)

PART 4 Row inserted after the row numbered 3.2 (row 3.2a)

PART 5 Row inserted after the row numbered 4.1 (row 4.1a)

PART 6 Row inserted after the row numbered 6.8 (row 6.8a)

PART 7 Row inserted after the row numbered 6.11 (row 6.11a)

PART 8 Rows inserted after the row numbered 7.8 (rows 7.9 to 7.12)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to assimilated direct legislation relating to the marketing of wine and oenological practices used to produce and conserve wine and other wine products. They apply in England.

These Regulations amend Article 53 of Commission Delegated Regulation (EU) 2019/33of 17 October 2018 supplementing Regulation (EU) No1308/2013of 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 (EUR 2019/33) (“Regulation (EU) 2019/33”). The amendment inserts a provision in Regulation (EU) 2019/33prohibiting the marketing of a product using the term “ice wine”, “icewine” or “ ice-wine” (whether in English or in a different language) and similar terms (whether in English or in a different language), unless the product is wine made exclusively from grapes naturally frozen on the vine (regulation2).

These Regulations also amend Commission Delegated Regulation (EU) 2019/934of 12 March 2019 supplementing Regulation (EU) No1308/2013of 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 (EUR 2019/934) (“Regulation (EU) 2019/934”) (regulation 3 and the Schedule).

Regulation (EU) 2019/934authorises specified oenological practices. It supplements Article 80(1) of Regulation (EU) No1308/2013of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (EUR 2013/1308) (“Regulation (EU) No 1308/2013”). Article 80(1) of Regulation (EU) No1308/2013prohibits the use of unauthorised oenological practices in the production and conservation of wine and other wine products. The amendments made by this instrument to Regulation (EU) 2019/934make changes to the oenological practices that may be used in the production and conservation of wine and other wine products.

Regulations 10, 11 and 12 of the Wine Regulations 2011 ( S.I. 2011/2936) (“ the 2011 Regulations”) enable warning notices, enforcement notices and prohibition notices to be served where there is believed to be a contravention of “ the retained EU Regulations” as defined in those Regulations. Those notice provisions will apply in relation to the contravention of the new ice wine etc. prohibition in Article 53 of Regulation (EU) 2019/33. They also apply in relation to a contravention of Article 80(1) of Regulation (EU) No1308/2013where an unauthorised oenological practice is used to produce or conserve a wine or other wine product.

A failure to comply with an enforcement or prohibition notice served under the 2011 Regulations is an offence under regulation 14(2)(a) of those Regulations. A failure to comply with a provision of the retained EU Regulations after receiving a warning notice served under the 2011 Regulations is an offence under regulation 14(2)(b) of the 2011 Regulations.

A copy of the 2023 issue of the International Code of Oenological Practices and the 2023 issue of the International Oenological Codex, both published by the International Organisation of Vine and Wine in January 2023, may be inspected, by arrangement, free of charge at the Department for Environment, Food and Rural Affairs, Second Floor, Seacole Block, 2 Marsham Street, London SW1P 4DF.

A copy of the 2023 issue of the International Code of Oenological Practices (ISBN 978-2-85038-071-6) is available electronically at:

https://www.oiv.int/sites/default/files/publication/2023-04/CPO%20complet%20EN%202023.pdf

A copy of the 2023 issue of the International Oenological Codex (ISBN 978-2-85038-063-1) is available electronically at:

https://www.oiv.int/sites/default/files/publication/2023-04/CODEX%20complet%202023%20EN.pdf

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.