Commission Regulation (EC) No 2870/2000Show full title

Article 3 U.K.

[F1 1.] Where F2 ... analytical reference methods are not laid down [F3 in retained EU law] for the detection and quantification of substances contained in a particular spirit drink, the following methods shall be used:

(a)

analytical methods which are validated to internationally recognised procedures and in particular meet the criteria set in [F4 Annex 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];

(b)

analytical methods conforming to the recommended standards of the International Organisation for Standardisation (ISO);

(c)

analytical methods recognised by the General Assembly of the International Vine and Wine Office (OIV) and published by that Office;

(d)

in the absence of a method as indicated at (a), (b) or (c), by reason of its accuracy, repeatability and reproducibility:

• [F5 in 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.

[F6 2. 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

F1 Art. 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)

F2 Word 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 Art. 3(2) 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)(e)