The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020

The Spirit Drinks Regulations 2008

2.—(1) The Spirit Drinks Regulations 2008(1) are amended as follows.

(2) In regulation 3(1), after the definition of “Regulation (EC) No 110/2008” insert—

““Regulation (EC) No 936/2009” means Commission Regulation (EC) No 936/2009 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks(2);”.

(3) In regulation 4 insert as paragraph (5)—

“(5) A person is guilty of an offence if they contravene Article 1 of Regulation (EC) No 936/2009.”.

(4) After regulation 6(4) insert—

“(5) Each food authority is designated as the competent authority responsible for controls in respect of the enforcement of Article 1 of Regulation (EC) No 936/2009 in its area except to the extent that a port health authority is designated as the competent authority within any part of that area under paragraph (6).

(6) Each port health authority is designated as the competent authority responsible for controls in respect of the enforcement of Article 1 of Regulation (EC) No 936/2009 in its district for drinks being imported into or exported from the United Kingdom.”.

(5) In regulation 18(1)(3), in the words before sub-paragraph (a), for “or (2)” substitute “, (2) or (5)”.

(6) In regulation 22—

(a) at the end of sub-paragraph (a) omit “or”;

(b) at the end of sub-paragraph (b) insert “; or”;

(c) after sub-paragraph (b) insert—

“(c) committed an offence under regulation 4(5) by contravening Article 1 of Regulation (EU) No 936/2009.”.

(1)

S.I. 2008/3206, amended by S.I. 2011/1043 and 2019/1289.

(2)

OJ No. L 264, 8.10.2009, p. 5.

(3)

Regulation 18(1) was amended, in relation to England and Wales, by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 85(1).