Explanatory Note
(This note is not part of the Regulations)
1. These Regulations amend the Spirit Drinks (Scotland) Regulations 1990 (S.I. 1990/1196), as amended by S.I. 1990/2625.
2. Those Regulations (“the 1990 Regulations”), which extend to Scotland only, make provision for the administration, execution and enforcement of community provisions relating to the definition, description and presentation of spirit drinks set out in Council Regulation (EEC) No.1576/89 (OJ No.L160, 12.6.89, p.1).
3. These Regulations (which likewise extend to Scotland only) make provision for the enforcement and execution of—
(a)Commission Regulation (EEC) No.1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks (OJ No.L105, 25.4.90, p.9) as amended by Commission Regulation (EEC) No.1180/91 (OJ No.L115, 8.5.91, p.5), Commission Regulation (EEC) No.1781/91 (OJ No.L160, 25.6.91, p.5), Commission Regulation (EEC) No.3458/92 (OJ No.L350, 1.12.92, p.59), Commission Regulation (EC) No.2675/94 (OJ No.L285, 4.11.94, p.5) (as corrected at OJ No.L28, 7.2.95, p.14) and Chapter XXVII of Annex II to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (OJ No.L1, 3.1.94, p.3) as adjusted by the Protocol signed at Brussels on 17th March 1993 (OJ No.L1, 3.1.94, p.572), by—
(i)inserting into regulation 2(1) of the 1990 Regulations a definition of that first mentioned Commission Regulation,
(ii)substituting for the existing Schedule to the 1990 Regulations a new Schedule which refers to particular provisions of that Commission Regulation, and
(iii)substituting for the existing definition of the phrase “specified Community provision” in regulation 2(1) of the 1990 Regulations a definition of that phrase which makes reference, inter alia, to the said provisions;
(b)Council Regulation (EEC) No.1576/89 by substituting for the existing definition of that Community instrument in regulation 2(1) of the 1990 Regulations a definition which takes account of the corrections made to it at OJ No.L223, 2.8.89, p.27 and the amendments made to it by Council Regulation (EEC) No.3280/92 (OJ No.L327, 13.11.92, p.3) and Chapter XXVII of Annex II to the Agreement referred to in sub-paragraph (a) above; 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 drinks (OJ No.L138, 2.6.94, p.7) by including that provision in the definition of “specified Community provision” substituted as described in sub-paragraph (a)(iii) of this paragraph.
4. These Regulations also revoke regulations 3(3) and 4 of the 1990 Regulations.
5. These Regulations, additionally, substitute in regulation 5(2) of the 1990 Regulations for the existing reference to Article 1 of Commission Regulation (EEC) No.3773/89 laying down transitional measures relating to spirituous beverages (OJ No.L365, 15.12.89, p.48) a reference to Article 1(4) of that instrument as amended by Commission Regulation (EEC) No.1759/90 (OJ No.L162, 28.6.90, p.23), Commission Regulation (EEC) No.3207/90 (OJ No.L307, 7.11.90, p.11) and Commission Regulation (EEC) No.3750/90 (OJ No.L360, 22.12.90, p.40).