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 The Schedule thus needs to be amended from time to time as EC Regulations are repealed or introduced.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:
- 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 |
- 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 |
- The Schedule will need to be renumbered accordingly
David A J Nurse
Director, Legal Status and Revenue
12th October 2011