Regulation (EC) No 110/2008 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER I U.K. SCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down rules on the definition, description, presentation and labelling of spirit drinks as well as on the protection of geographical indications of spirit drinks.

2. This Regulation shall apply to all spirit drinks placed on the market in [F1 Great Britain] whether produced in [F2 Great Britain, Northern Ireland] or in third countries, as well as to those produced in [F3 Great Britain for movement to Northern Ireland or export to a third country]. This Regulation shall also apply to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs.

3. In exceptional cases where [F4 a spirit drink is being moved to Northern Ireland, or exported to a third country, and the law that applies in Northern Ireland, or] the law of the importing third country [F5 , as the case may be, ] so requires, a derogation may be granted from the provisions of Annexes I and II in accordance with [F6 paragraphs 4 to 6].

[F7 4. A derogation may be granted:

(a) by regulations, or

(b) on application, by administrative decision, where regulations have not been made or where regulations have been made but do not apply in a particular case.

5. An application of the type referred to in paragraph 4(b) may be made:

(a) to the Secretary of State, in the case of an operator intending to:

(i) export a consignment of a spirit drink from England to a relevant third country;

(ii) move a consignment of a spirit drink from England to Northern Ireland;

(b) to the Scottish Ministers, in the case of an operator intending to:

(i) export a consignment of a spirit drink from Scotland to a relevant third country;

(ii) move a consignment of a spirit drink from Scotland to Northern Ireland;

(c) to the Welsh Ministers, in the case of an operator intending to:

(i) export a consignment of a spirit drink from Wales to a relevant third country;

(ii) move a consignment of a spirit drink from Wales to Northern Ireland.

6. An application of the type referred to in paragraph 4(b) must be made in relation to one type of spirit drink and on a consignment by consignment basis.

7. In this Article—

(a) ‘consignment’ means a quantity of one type of spirit drink covered by a single document required for customs formalities and may be composed of more than one lot;

(b) ‘lot’ has the meaning given in regulation 2 of the Food (Lot Marking) Regulations 1996, as it extends to Great Britain;

(c) ‘relevant third country’ means a third country of the type referred to in paragraph 3.]

Textual Amendments

F1 Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(i)

F2 Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(ii)

F3 Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(iii)

F4 Words in Art. 1(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(i)

F5 Words in Art. 1(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(ii)

F6 Words in Art. 1(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(iii)

F7 Art. 1(4)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(c)

Article 2 U.K. Definition of spirit drink

1. For the purpose of this Regulation, ‘spirit drink’ means an alcoholic beverage:

(a) intended for human consumption;

(b) possessing particular organoleptic qualities;

(c) having a minimum alcoholic strength of 15 % vol.;

(d) having been produced:

(i)

either directly:

• by the distillation, with or without added flavourings, of naturally fermented products, and/or

• by the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin and/or distillates of agricultural origin, and/or spirit drinks within the meaning of this Regulation, and/or

• by the addition of flavourings, sugars or other sweetening products listed in Annex I(3) and/or other agricultural products and/or foodstuffs to ethyl alcohol of agricultural origin and/or to distillates of agricultural origin and/or to spirit drinks, within the meaning of this Regulation,

(ii)

or by the mixture of a spirit drink with one or more:

• other spirit drinks, and/or

• ethyl alcohol of agricultural origin or distillates of agricultural origin, and/or

• other alcoholic beverages, and/or

• drinks.

2. However, drinks falling within CN codes 2203, 2204, 2205, 2206 and 2207 shall not be considered spirit drinks.

3. The minimum alcoholic strength provided for in paragraph 1(c) shall be without prejudice to the definition for the product in category 41 in Annex II.

4. For the purpose of this Regulation the technical definitions and requirements are laid down in Annex I.

[F8 Article 2a U.K. Definition of third country

In this Regulation, ‘third country’ means a country, other than the United Kingdom, and includes:

(a) the Bailiwick of Guernsey;

(b) the Bailiwick of Jersey;

(c) the Isle of Man.]

Textual Amendments

F8 Art. 2a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(3)

Article 3 U.K. Origin of ethyl alcohol

1. The ethyl alcohol used in the production of spirit drinks and all of their components shall not be of any origin other than agricultural, within the meaning of Annex I to the Treaty.

2. The ethyl alcohol used in the production of spirit drinks shall comply with the definition provided for in Annex I(1) to this Regulation.

3. The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin.

4. Alcoholic beverages shall not contain alcohol of synthetic origin, nor other alcohol of non-agricultural origin within the meaning of Annex I to the Treaty.

Article 4 U.K. Categories of spirit drinks

Spirit drinks shall be classified into categories according to the definitions laid down in Annex II.

Article 5 U.K. General rules concerning the categories of spirit drinks

1. Without prejudice to the specific rules laid down for each of the categories numbered 1 to 14 in Annex II, the spirit drinks defined therein shall:

(a) be produced by the alcoholic fermentation and distillation exclusively obtained from the raw material provided for in the relevant definition for the spirit drink concerned;

(b) have no addition of alcohol as defined in Annex I(5), diluted or not;

(c) not contain added flavouring substances;

(d) only contain added caramel as a means to adapt colour;

(e) solely be sweetened to round off the final taste of the product, according to Annex I(3). The maximum level for the products used for rounding off listed under Annex I(3)(a) to (f) [F9 may be specified in regulations].

2. Without prejudice to the specific rules laid down for each of the categories numbered 15 to 46 in Annex II, the spirit drinks defined therein may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty;

(b) have addition of alcohol as defined in Annex I(5) to this Regulation;

[F10 (c) contain flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods(1) and flavouring preparations as defined in Article 3(2)(d) of that Regulation;]

(d) contain colouring as defined in Annex I(10) to this Regulation;

(e) be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation F11 ....

3. Without prejudice to the specific rules laid down in Annex II, other spirit drinks which do not meet the requirements of categories 1 to 46 may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty and/or foodstuff suitable for human consumption;

(b) have addition of alcohol as defined in Annex I(5) to this Regulation;

[F10 (c) contain one or more flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008;]

(d) contain colouring as defined in Annex I(10) to this Regulation;

(e) be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation.

Textual Amendments

F9 Words in Art. 5(1)(e) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(4)(a)

F10 Substituted by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (Text with EEA relevance).

F11 Words in Art. 5(2)(e) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(4)(b)

F12 Article 6 U.K. Member States' legislation

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Textual Amendments

F12 Art. 6 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(5)

CHAPTER II U.K. DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS

Article 7 U.K. Definitions

For the purpose of this Regulation the terms ‘description’, ‘presentation’ and ‘labelling’ are defined in Annex I(14), (15) and (16).

[F13 In this Chapter, ‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages.]

Textual Amendments

F13 Words in Art. 7 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(6)

Article 8 U.K. Sales denomination

In accordance with [F14 Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ], the name under which a spirit drink is sold (sales denomination) shall be subject to the provisions laid down in this Chapter.

Textual Amendments

F14 Words in Art. 8 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(7)

Article 9 U.K. Specific rules concerning sales denominations

1. Spirit drinks which meet the specifications for the products defined in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination assigned therein.

2. Spirit drinks which meet the definition laid down in Article 2 but which do not meet the requirements for inclusion in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination ‘spirit drink’. Without prejudice to paragraph 5 of this Article, that sales denomination shall not be replaced or altered.

3. Where a spirit drink meets the definition of more than one category of spirit drink in Annex II, it may be sold under one or more of the names listed for those categories in Annex II.

4. Without prejudice to paragraph 9 of this Article and to Article 10(1), the names referred to in paragraph 1 of this Article shall not be used to describe or present in any way whatsoever any drink other than the spirit drinks for which those names are listed in Annex II and registered in [F15 Great Britain's GIs Register].

5. Sales denominations may be supplemented or replaced by a geographical indication registered in [F16 Great Britain's GIs Register] and in accordance with Chapter III [F17 of Regulation (EU) 2019/787], or supplemented in accordance with national provisions by another geographical indication, provided that this does not mislead the consumer.

6. The geographical indications registered in [F18 Great Britain's GIs Register] may only be supplemented either:

(a) by terms already in use on 20 February 2008 for established geographical indications F19 ..., or

(b) according to the relevant technical file provided for under [F20 paragraph 1 of Article 22 of Regulation (EU) 2019/787, as read with paragraph 2 of that Article].

7. An alcoholic beverage not meeting one of the definitions listed under categories 1 to 46 of Annex II shall not be described, presented or labelled by associating words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other similar terms with any of the sales denominations provided for in this Regulation and/or geographical indications registered in [F21 Great Britain's GIs Register].

8. No trade mark, brand name or fancy name may be substituted for the sales denomination of a spirit drink.

9. The names referred to in categories 1 to 46 of Annex II may be included in a list of ingredients for foodstuffs provided that the list is in accordance with [F22 Regulation (EU) No 1169/2011].

[F23 10. In this Article, ‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) of Regulation (EU) 2019/787 to which Article 54(2) of the EU withdrawal agreement applies.]

Textual Amendments

F15 Words in Art. 9(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(a)

F16 Words in Art. 9(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(b)(i)

F17 Words in Art. 9(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(b)(ii)

F18 Words in Art. 9(6) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(i)

F19 Words in Art. 9(6)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(ii)

F20 Words in Art. 9(6)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(c)(iii)

F21 Words in Art. 9(7) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(d)

F22 Words in Art. 9(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(e)

F23 Art. 9(10) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(8)(f)

Article 10 U.K. Specific rules concerning the use of sales denominations and geographical indications

1. Without prejudice to [F24 Regulation (EU) No 1169/2011], the use of a term listed in categories 1 to 46 of Annex II, or of a geographical indication registered in [F25 Great Britain's GIs Register] in a compound term or the allusion in the presentation of a foodstuff to any of them shall be prohibited unless the alcohol originates exclusively from the spirit drink(s) referred to.

2. The use of a compound term as referred to in paragraph 1 shall also be prohibited where a spirit drink has been diluted so that the alcoholic strength is reduced to below the minimum strength specified in the definition for that spirit drink.

3. By way of derogation from paragraph 1, the provisions of this Regulation shall not affect the possible use of the terms ‘amer’ or ‘bitter’ for products not covered by this Regulation.

4. By way of derogation from paragraph 1 and in order to take account of established production methods, the compound terms listed in category 32(d) of Annex II may be used in the presentation of liqueurs produced F26 ... under the conditions set out therein.

Textual Amendments

F24 Words in Art. 10(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(9)(a)(i)

F25 Words in Art. 10(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(9)(a)(ii)

F26 Words in Art. 10(4) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(9)(b)

Article 11 U.K. Description, presentation and labelling of mixtures

1. Where there has been addition of alcohol, as defined in Annex I(5), diluted or not, to a spirit drink listed in categories 1 to 14 of Annex II, that spirit drink shall bear the sales denomination ‘spirit drink’. It may not bear in any form a name reserved in categories 1 to 14.

2. Where a spirit drink listed in categories 1 to 46 of Annex II is mixed with:

(a) one or more spirit drinks, and/or

(b) one or more distillates of agricultural origin,

it shall bear the sales denomination ‘spirit drink’. This sales denomination shall be shown clearly and visibly in a prominent position on the label and shall not be replaced or altered.

3. Paragraph 2 shall not apply to the description, presentation or labelling of a mixture referred to in that paragraph if it meets one of the definitions laid down in categories 1 to 46 of Annex II.

4. Without prejudice to [F27 Regulation (EU) No 1169/2011], the description, presentation or labelling of the spirit drinks resulting from the mixtures referred to in paragraph 2 of this Article may show one or more of the terms listed in Annex II only if that term does not form part of the sales denomination but is solely listed in the same visual field in the listing of all the alcoholic ingredients contained in the mixture, preceded by the term ‘mixed spirit drink’.

The term ‘mixed spirit drink’ shall be labelled in uniform characters of the same font and colour as those used for the sales denomination. The characters shall be no larger than half the size of the characters used for the sales denomination.

5. For the labelling and presentation of the mixtures referred to in paragraph 2 and to which the requirement to list alcoholic ingredients under paragraph 4 applies, the proportion of each alcoholic ingredient shall be expressed as a percentage in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

Textual Amendments

F27 Words in Art. 11(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(10)

Article 12 U.K. Specific rules concerning the description, presentation and labelling of spirit drinks

1. Where the description, presentation or labelling of a spirit drink indicates the raw material used to produce the ethyl alcohol of agricultural origin, each agricultural alcohol used shall be mentioned in descending order of quantity used.

2. The description, presentation or labelling of a spirit drink may be supplemented by the term ‘blend’, ‘blending’ or ‘blended’ only where the spirit drink has undergone blending, as defined in Annex I(7).

3. F28 ... A maturation period or age may only be specified in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink was aged under revenue supervision or supervision affording equivalent guarantees. [F29 Regulations may specify derogations in respect of this requirement.]

Textual Amendments

F28 Words in Art. 12(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(11)(a)

F29 Words in Art. 12(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(11)(b)

Article 13 U.K. Prohibition of lead-based capsules or foil

Spirit drinks shall not be held with a view to sale or placed on the market in containers fitted with closing devices covered by lead-based capsules or foil.

Article 14 U.K. Use of language in the description, presentation and labelling of spirit drinks

1. The particulars provided for in this Regulation shall be given in one or more official languages of the European Union in such a way that the final consumer can easily understand each of those items of information, unless the consumer is provided with the information by other means.

2. The terms in italics in Annex II and the geographical indications registered in [F30 Great Britain's GIs Register] shall not be translated on the label nor in the presentation of the spirit drink.

3. In the case of spirit drinks originating in third countries, use of an official language of the third country in which the spirit drink was produced shall be authorised if the particulars provided for in this Regulation are also given in an official language of the European Union in such a way that the final consumer can easily understand each item.

4. Without prejudice to paragraph 2, in the case of spirit drinks produced in [F31 Great Britain] and intended for export, the particulars provided for in this Regulation may be repeated in a language other than an official language of the European Union.

Textual Amendments

F30 Words in Art. 14(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(12)(a)

F31 Words in Art. 14(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(12)(b)

F32 CHAPTER III U.K. [F32 GEOGRAPHICAL INDICATIONS

F32 Article 15 U.K. Geographical indications

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F32 Article 16 U.K. Protection of geographical indications

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F32 Article 17 U.K. Registration of geographical indications

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Art. 17(2), in so far as it is still in force by virtue of Regulation (EU) 2019/787, Art. 49(2), omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(13)

F32 Article 18 U.K. Cancellation of a geographical indication

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F32 Article 19 U.K. Homonymous geographical indications

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F32 Article 20 U.K. Established geographical indications

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Art. 20, in so far as it is still in force by virtue of Regulation (EU) 2019/787, Art. 49(2), omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(13)

F32 Article 21 U.K. Alteration of the technical file

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F32 Article 22 U.K. Verification of compliance with the specifications in the technical file

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F32 Article 23 U.K. Relation between trade marks and geographical indications]

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CHAPTER IV U.K. GENERAL, TRANSITIONAL AND FINAL PROVISIONS

F35 Article 24 U.K. Control and protection of spirit drinks

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Textual Amendments

F35 Art. 24 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(13)

[F36 Article 24a U.K. Derogation from nominal quantities requirements in Directive 2007/45/EC

By way of derogation from Article 3 of Directive 2007/45/EC of the European Parliament and of the Council(2), and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu (3) produced by pot still and bottled in Japan, may be placed on the Union market in nominal quantities of 720 ml and 1 800 ml.]

Textual Amendments

F36 Inserted by Regulation (EU) 2018/1670 of the European Parliament and of the Council of 23 October 2018 amending Regulation (EC) No 110/2008 as regards nominal quantities for the placing on the Union market of single distilled shochu produced by pot still and bottled in Japan.

[F37 Article 25 U.K. Regulations: general

1. Any power to make regulations under this Regulation is exercisable by:

(a) the Secretary of State:

(i) in the case of regulations made under Article 27 concerning a subject matter that is outside of the devolved competence of the Scottish Ministers and the Welsh Ministers, in relation to Great Britain;

(ii) otherwise in relation to England:

(b) the Scottish Ministers in relation to Scotland:

(i) in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers;

(ii) in the case of regulations made under any other article of this Regulation;

(c) the Welsh Ministers in relation to Wales;

(i) in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Welsh Ministers;

(ii) in the case of regulations made under any other article of this Regulation.

2. But the power to make regulations may be exercised by the Secretary of State for the whole or part of Great Britain in the case of regulations to which paragraph 3 applies if consent is given by:

(a) the Scottish Ministers to the extent that the for the regulations will apply in relation to Scotland;

(b) the Welsh Ministers to the extent that the regulations will apply in relation to Wales.

3. This paragraph applies to:

(a) regulations that may be made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers, in relation to Scotland, and the devolved competence of the Welsh Ministers, in relation to Wales;

(b) regulations that may be made under any other article of this Regulation.

4. For the purposes of this Article:

(a) it is within the devolved competence of the Scottish Ministers to make any provision by regulations under Article 27 in relation to Scotland that would be within the legislative competence of the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(b) it is within the devolved competence of the Welsh Ministers to make any provision by regulations under Article 27 in relation to Wales that would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006),

(c) in relation to regulations made under Article 27, ‘outside of devolved competence’ is to be construed, in relation to the Secretary of State, as meaning anything that is not within the devolved competence of the Scottish Ministers or Welsh Ministers by virtue of points (a) and (b) respectively.

Textual Amendments

F37 Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1

Article 25a U.K. Regulations: the Secretary of State

1. Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2. Except as specified in paragraph 3, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. A statutory instrument containing regulations made by the Secretary of State under Article 26 that amend Annex 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4. Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment);

(b) make different provision for different purposes.

5. In this Article, ‘enactment’ means:

(a) where Article 25(1)(a) applies:

(i) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act to the extent that the enactment applies to England;

(ii) regulations made under retained direct principal EU legislation to the extent that they apply in England;

(iii) retained direct minor EU legislation to the extent that it applies to England;

(b) where Article 25(2) applies:

(i) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland;

(ii) regulations made under retained direct principal EU legislation, except to the extent that they extend to Northern Ireland;

(iii) retained direct minor EU legislation, except to the extent that it extends to Northern Ireland.

Textual Amendments

F37 Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1

Article 25b U.K. Regulations: Scotland

1. For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

2. Subject to paragraph 3, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3. Regulations made by the Scottish Ministers under Article 26 that amend Annex 2 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4. In this Article, ‘enactment’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;

(b) an enactment contained in an instrument made under an Act of the Scottish Parliament;

(c) regulations made under retained direct principal EU legislation;

(d) retained direct minor EU legislation.

6. For the purposes of paragraph 4(a), a provision is within the devolved competence of the Scottish Ministers if the amendment or revocation of the provision that would be within the legislative competence of the Scottish Parliament if was included in an Act of the Parliament (see section 29 of the Scotland Act 1998).

Textual Amendments

F37 Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1

Article 25c U.K. Regulations: Wales

1. Regulations made by the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. Subject to paragraph 3, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.

3. A statutory instrument containing regulations made by the Welsh Ministers under Article 26 that amend Annex 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

4 Regulations made by the Welsh Ministers under this Regulation may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment) to the extent that such provision is within the devolved competence of the Welsh Ministers;

(b) make different provision for different purposes.

5. In this Article, ‘enactment’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;

(b) an enactment contained in an instrument made under a Measure or Act of Senedd Cymru;

(c) regulations made under retained direct principal EU legislation;

(d) retained direct minor EU legislation.

6. For the purposes of paragraph 4(a), a provision is within the devolved competence of the Welsh Ministers to the extent that it would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006).]

Textual Amendments

F37 Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1

[F38 Article 26 U.K. Amendment of the Annexes

Annexes 1 and 2 may be amended by regulations.]

Textual Amendments

F38 Art. 26 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(15)

[F39 Article 27 U.K. Implementing measures

1. Regulations may be made to make such provision as appears necessary to the appropriate authority in relation to the implementation of this Regulation.

2. In this Article, ‘the appropriate authority’ means the person specified in Article 25(1)(a), (b)(ii) or (c)(i), as the case may be or, in a case where the Secretary of State is to exercise the power to make regulations under this Article pursuant to Article 25(2) (having obtained the necessary consents required by Article 25(2)), the Secretary of State.]

Textual Amendments

F39 Art. 27 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(16)

Article 28 U.K. Transitional and other specific measures

F40 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F41 Regulations may be made], where appropriate, to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop F42 ... reference methods for the analysis of spirit drinks.

3. F43 ... Spirit drinks not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1576/89 [F44 as it had effect in Great Britain immediately before] 20 May 2009 may continue to be placed on the market until stocks run out.

Textual Amendments

F40 Art. 28(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(a)

F41 Words in Art. 28(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(b)(i)

F42 Word in Art. 28(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(b)(ii)

F43 Words in Art. 28(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(c)(i)

F44 Words in Art. 28(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(c)(ii)

Article 29 U.K. Repeal

1. Regulation (EEC) No 1576/89 is hereby repealed. References made to the repealed Regulation shall be construed as being made to this Regulation.

2. Commission Regulations (EEC) No 2009/92(4), (EC) No 1267/94(5) and (EC) No 2870/2000(6) shall continue to apply.

Article 30 U.K. Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 20 May 2008.

F45 ...

Textual Amendments

F45 Words in Signature omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(18)