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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 18 October 2011 regarding:

Decision Reference: MD-HA-2011-0063

Decision Summary Title :

Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-

 

Date of Decision Summary:

12 October 2011

Decision Summary Author:

 

Director, Legal Status and Revenue

JCIS

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-

Date of Written Report:

12 October 2011

Written Report Author:

Director, Legal Status and Revenue

JCIS

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-.

Decision(s): The Minister decided to direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order to amend the Schedule to the Community Customs (Wine and Spirits) (Jersey) Order 2000 to take account of changes to EC Regulations.

 

Reason(s) for Decision: The Island is required to apply EC Regulations relating to the trade in wines and spirits as part of its European Community obligations.  This has been achieved by extending the relevant EC Regulations in the Community Customs (Wine and Spirits) (Jersey) Order 2000.  The Order extends Community provisions relating to the labelling, testing and documentation needed for wines and spirits produced in the Island and exported to, or imported from, third countries.  Effect is given to these provisions by extending to the Island the EC Regulations listed in the Schedule to the Order.  Over the last few years the EC Commission has undertaken a comprehensive review of all the EC Regulations relating to the trade in wines and spirits.  This review has resulted in the repeal, consolidation and/or amendment of many of those Regulations.  The Schedule to the local Order requires amendment to take account of the changes in EC Regulations.

 

Legal basis:

  • Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products.
  • Articles 6 and 73 of the Customs and Excise (Jersey) Law 1999.

 

 

Resource Implications: There are no manpower or cost implications to the Service associated with this decision.

 

Action required: The Director Legal Status and Revenue to prepare drafting instructions to enable the Law Draftsman to prepare a draft Order for the Minister’s consideration.

 

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-

 

CUSTOMS AND IMMIGRATION SERVICE

 

 

Community Customs (Wines and Spirits) (Amendment) (Jersey) Order 201-

 

 

Introduction

 

This paper recommends an amendment to the Community Customs (Wines and Spirits) (Jersey) Order 2000.

 

The Island is required to apply EC Regulations relating to the trade in wines and spirits as part of its European Community obligations under Protocol 3 to the United Kingdom’s Act of Accession 1972 and Council Regulation (EEC) No 706/73 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products.

 

This has been achieved by extending the relevant EC Regulations in the Community Customs (Wine and Spirits) (Jersey) Order 2000 Order and its predecessors.

 

The Order extends Community provisions relating to the labelling, testing and documentation needed for wines and spirits produced in the Island and exported to, or imported from, third countries.  Effect is given to these provisions by extending to the

Island the EC Regulations listed in the Schedule to the Order.  The Schedule thus needs to be amended from time to time as EC Regulations are repealed or introduced.

 

Over the last few years the EC Commission has undertaken a comprehensive review of all the EC Regulations relating to the trade in wines and spirits.  This review has resulted in the repeal, consolidation and/or amendment of many of those Regulations.

 

Although there have been a number of changes the actual procedures have altered very little.  In any case the effect on the Island is minimal as there is virtually no direct trade in wines and spirits with third countries and there is only one commercial producer of wines and spirits.

 

Background

 

In 1975 local Wine Regulations were introduced, the main reason for the initial introduction of the Regulations was outside pressure. 

 

Concern was raised by members of the wine trade both in the UK and Jersey that the situation in the Channel Islands created a loop-hole in EC trading rules.  There was a real risk of inferior products not only being dumped on the Jersey market but also being introduced into the Community at large through the back-door.  Representations were made to Ministry of Agriculture, Forestry and Fisheries with the result that the Home Office asked the Channel Island authorities to put their house in order. 

Jersey complied with the Home Office's request with the introduction of the original 1975 Regulations. (It should be noted however that Guernsey has never formally adopted wine regulations although it is understood that they observe them in practice.)


The Regulations were regularly updated and then, due to the introduction of the Customs and Excise (Jersey) Law 1999, were superseded by the Community Customs (Wines and Spirits) (Jersey) Order 2000 which was brought into force and subsequently amended as necessary.

 

Changes to EU Wine and Spirit Legislation

 

The following legislation changes were adopted by the European Commission that will require amendments made to the Schedule to the Community Customs (Wine and Spirits) (Jersey) Order 2000:

 

  • In 2005 The European Commission adopted proposals to update the EU spirit drink legislation

 

  • In 2007 The European Commission adopted proposals to reform the Common Market Organisation for wine (wine regime).

 

  • On 20 February 2008 Commission Regulation (EEC) No 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks came into force.

 

  • On 1 August 2008 Council Regulations 479/2008 and 555/2008 came into effect.

 

Regulation 479/2008 established the framework for the new EU wine regime whilst Regulation 555/2008 lays down rules as regards support programmes, trade with Third Countries (VI1 Forms etc), production potential, and controls in the wine sector (maintenance of an analytical databank)

 

  • Regulation 479/2008 was subsequently superseded by Council Regulation 491/2009 which entered into force on 1 August 2009.

 

This Regulation allows the wine sector to be fully incorporated into the Council Regulation establishing a common organisation of agricultural markets (CMO) and on specific provisions for certain agricultural products (Single CMO Regulation 1234/2007)

 

  • Three further Council Regulations concerning the new wine regime also came into force on 1 August 2009.

 

The first, Regulation 436/2009, lays down rules for 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.

 

The second, Regulation 606/2009, governs categories of grapevine products and oenological practices.

 

The third, Regulation 607/2009, lays down detailed rules regarding protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products.

 

It is not appropriate to extend some of the above mentioned Community provisions in their entirety, therefore as previously applied in the Schedule to the Community Customs (Wine and Spirits) (Jersey) Order 2000, in certain instances only specific Articles to the relevant Regulation require inclusion.

 

Recommendation

 

The Minister is recommended to direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order to amend the Schedule to the Community Customs (Wine and Spirits) (Jersey) Order 2000 as follows:

 

  1. The following EC Regulations have now been repealed and their relevant entries need to be removed from the Schedule:

 

Schedule number

EC Regulation

Repealed by Regulation

1

1576/89

110/2008

2

1014/90

110/2008

3

2676/90

606/2009

7

1493/99

479/2008

8

1622/2000

423/2008

9

1623/2000

555/2008

11

883/01

555/2008

12

884/2001

436/2009

14

753/2002

607/2009

 

 

  1. The following EC Regulations contain relevant provisions and need to be included in the Schedule.

 

 

Council Regulation (EC) No 1234/2007, as amended by Council Regulation (EC) No 491/2009

Council Regulation (EC) No 110/2008

Commission Regulation (EC) No 555/2008.

Commission Regulation (EC) No 436/2009

Commission Regulation (EC) No 606/2009

Commission Regulation (EC) No 607/2009

 

 

  1. The Schedule will need to be renumbered accordingly

 

 

 

 

 

David A J Nurse

Director, Legal Status and Revenue

 12th October 2011

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