1995 No. 105
Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995
Made
Coming into operation
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Article 16(2) of the Food Safety (Northern Ireland) Order 19911, and being a designated Department2 for the purposes of section 2(2) of the European Communities Act 19723 in relation to measures relating to the description of and other requirements relating to spirit drinks, in exercise of the powers conferred on it by the said section 2(2) (as read with section 3(3) of the European Economic Area Act 19934 (save for paragraph (a) thereof)), and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995 and shall come into operation on 1st May 1995.
2
The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
Amendment of the Spirit Drinks Regulations (Northern Ireland) 19902
1
The Spirit Drinks Regulations (Northern Ireland) 19906 (“the principal Regulations”) shall be amended in accordance with paragraphs (2) to (6).
2
In regulation 2(1) (interpretation)—
a
before the definition of “the Council Regulation” there shall be inserted—
“the Commission Regulation” means Commission Regulation (EEC) No. 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks7, as amended by Commission Regulation (EEC) No. 1180/918, Commission Regulation (EEC) No. 1781/919, Commission Regulation (EEC) No. 3458/9210, Commission Regulation (EC) No. 2675/9411 (as corrected at O.J. No. L28, 7.2.95, p. 14) and Chapter XXVII of Annex II to the European Economic Area Agreement;
b
for the definition of “the Council Regulation” there shall be substituted—
“the Council Regulation” means Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks12 (as corrected at O.J. No. L223, 2.8.89, p. 27), as amended by Council Regulation (EEC) No. 3280/9213 and Chapter XXVII of Annex II to the European Economic Area Agreement;
c
after the definition of “the Council Regulation” there shall be inserted—
“the European Economic Area Agreement” has the same meaning as “the Agreement” in section 6(1) of the European Economic Area Act 199314;
d
for the definition of “specified Community provision” there shall be substituted—
“specified Community provision” means—
- a
any provision of the Council Regulation—
- i
which is specified in column (1) of Part I of the Schedule, and
- ii
whose subject matter is specified in the corresponding entry in column (2) of that Part;
- b
any provision of the Commission Regulation—
- i
which is specified in column (1) of Part 11 of the Schedule, and
- ii
whose subject matter is specified in the corresponding entry in column 2 of that Part; and
- c
Article 1(1) of Commission Regulation (EC) No. 1267/94 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks15.
3
For regulation 3, there shall be substituted—
Enforcement3
Each district council shall secure the enforcement and execution of the specified Community provisions within its district.
4
Regulation 4 (Powers of authorised officers) shall be revoked.
5
In regulation 5(2) (Offences and penalties)—
a
for “Article 1” there shall be substituted “Article 1(4)”; and
b
after “beverages” there shall be inserted “, as amended by Commission Regulation (EEC) No. 1759/9016, Commission Regulation (EEC) No. 3207/9017 and Commission Regulation (EEC) No. 3750/9018,”.
6
For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
Exclusion of the operation of section 3(1) of the European Economic Area Act 19933
The operation of section 3(1) of the European Economic Area Act 1993 is hereby excluded insofar as it would otherwise apply in relation to the definition for which another is substituted by regulation 2(2)(b).
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
SCHEDULESchedule to be substituted in the Principal Regulations
SCHEDULESpecified Community Provisions
PART IPROVISIONS OF THE COUNCIL REGULATION
(1)
(2)
Provision
Subject Matter
Article 2, read with Article 1(4) of the the marketing Council Regulation and Articles 1 to 7 of the Commission Regulation
Requirements relating to for human consumption of spirit drinks under specified designations
Article 3(1), read with Annex III
Minimum alcoholic strength by volume of spirit drinks to be released for human consumption in the Community
Article 4(1)
Restriction on the marketing under are served name of spirit drinks to which an unauthorised substance has been added
Article 4(5)
Requirements relating to the use of natural flavouring substances and preparations
Article 4(7), read with Annex I
Conditions as to the use of ethyl alcohol in the preparation of spirit drinks
Article 5(1)
Restriction on the use of reserved names
Article 5(2) and (3)(a) and (b)
Conditions as to the use of supplementary geographical indications and designations
Article 7(1) and (2)
Requirements relating to the labelling, presentation and advertising of spirit drinks, and the containers into which spirit drinks may be put
Article 7(4)
Requirement to give particulars in an official language of the Communities understood by the final consumer.
Article 7(5)
Prohibition on the translation of specified designations
Article 8
Prohibition of the use of associating words or phrases to describe spirit drinks produced in the Community marketed for human consumption
Article 9(1)
Prohibitions on the use of reserved generic names for specified spirit drinks containing added ethyl alcohol of agricultural origin
Article 9(2)
Requirements relating to the compositional labelling and presentation of Rum-Verschnitt
Article 12(1)
Application of Community rules to spirit drinks intended for export
PART IIPROVISIONS OF THE COMMISSION REGULATION
(1)
(2)
Provision
Subject Matter
Article 7a, read with the Annex
Restrictions on the use of reserved terms
Article 7b(1)
Restriction on the use of a generic term in a compound term
Article 7b(2)
Restriction on the use of compound terms for liqueurs
Article 7b(3)
Requirements relating to the labelling and presentation of specified liqueurs using compound terms.
Article 7c
Requirements relating to the description, etc., of mixtures of spirit drinks.
(This note is not part of the Regulations.)