Regulation (EC) No 110/2008 of the European Parliament and of the CouncilShow full title

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

F1 Article 24 U.K. Control and protection of spirit drinks

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Textual Amendments

F1 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)

[F2 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(1), and from the sixth row of section 1 of the Annex to that Directive, single distilled shochu (2) 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

F2 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.

[F3 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

F3 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

F3 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

F3 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

F3 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

[F4 Article 26 U.K. Amendment of the Annexes

Annexes 1 and 2 may be amended by regulations.]

Textual Amendments

F4 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)

[F5 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

F5 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

F6 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F7 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 F8 ... reference methods for the analysis of spirit drinks.

3. F9 ... Spirit drinks not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1576/89 [F10 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

F6 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)

F7 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)

F8 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)

F9 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)

F10 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(3), (EC) No 1267/94(4) and (EC) No 2870/2000(5) 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.

(1)

[F2 Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC ( OJ L 247, 21.9.2007, p. 17 ).]

(2)

[F2 As referred to in Annex 2-D to the Agreement between the European Union and Japan for an Economic Partnership.]

(3)

Commission Regulation (EEC) No 2009/92 of 20 July 1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 203, 21.7.1992, p. 10).

(4)

Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (OJ L 138, 2.6.1994, p. 7). Regulation as amended by Regulation (EC) No 1434/97 (OJ L 196, 24.7.1997, p. 56).

(5)

Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 29.12.2000, p. 20). Regulation as amended by Regulation (EC) No 2091/2002 (OJ L 322, 27.11.2002, p. 11).

Textual Amendments

F2 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.