The F1... reference methods for the analysis of spirits drinks to ensure compliance with [F2Regulation 110/2008]:
when any official control takes place, or
in the event of a dispute,
shall be those set out in the Annex hereto.
Textual Amendments
F1Word in Art. 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), 16(2)(a)
F2Words in Art. 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), 16(2)(b)
Notwithstanding the first indent of Article 1, other analytical methods shall be permitted, under the responsibility of the director of the laboratory, on condition that the accuracy and precision (repeatability and reproducibility) of the methods are at least equivalent to those of the relevant reference analytical methods given in the Annex.
[F31.] Where F4... analytical reference methods are not laid down [F5in retained EU law] for the detection and quantification of substances contained in a particular spirit drink, the following methods shall be used:
analytical methods which are validated to internationally recognised procedures and in particular meet the criteria set in [F6Annex 3 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products];
analytical methods conforming to the recommended standards of the International Organisation for Standardisation (ISO);
analytical methods recognised by the General Assembly of the International Vine and Wine Office (OIV) and published by that Office;
in the absence of a method as indicated at (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:
[F7in relation to an official control being carried out in an individual case, an analytical method approved by the appropriate authority by administrative decision,]
where necessary, any other suitable analytical method.
[F82.In this Article:
(a)regardless of where the analysis itself is carried out, ‘the appropriate authority’ means:
(i)in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in England, the Secretary of State;
(ii)in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in Scotland, the Scottish Ministers;
(iii)in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in Wales, the Welsh Ministers;
(b)‘retained EU law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland.]
Textual Amendments
F3Art. 3 renumbered as Art. 3(1) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 16(3)(a)
F4Word in Art. 3(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), 16(3)(b)(i)
F5Words in Art. 3(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 16(3)(b)(ii)
F6Words in Art. 3(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 16(3)(c)
F7Words in Art. 3(1)(d) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 16(3)(d)
For the purposes of this Regulation:
‘repeatability limit’: shall be the value less than or equal to which the absolute difference between two test results obtained under the repeatability conditions (same operator, same apparatus, same laboratory and a short interval of time) may be expected to be with a probability of 95 % {ISO 3534-1};
‘reproducibility limit’: shall be the value less than or equal to which the absolute difference between two test results obtained under the reproducibility conditions (different operators, different apparatus and different laboratories), may be expected to be with a probability of 95 % {ISO 3534-1};
‘accuracy’: shall be the closeness of agreement between a test result and the accepted reference value {ISO 3534-1}.
[F9‘Regulation 110/2008’: means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks.]
Textual Amendments
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
F10...
Textual Amendments
F10Words 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), 16(5)