Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995

Amendment of the Spirit Drinks Regulations (Northern Ireland) 1990

2.—(1) The Spirit Drinks Regulations (Northern Ireland) 1990(1) (“the principal Regulations”) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) before the definition of “the Council Regulation” there shall be inserted—

““the Commission Regulation” means Commission Regulation (EEC) No. 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks(2), as amended by Commission Regulation (EEC) No. 1180/91(3), Commission Regulation (EEC) No. 1781/91(4), Commission Regulation (EEC) No. 3458/92(5), Commission Regulation (EC) No. 2675/94(6) (as corrected at O.J. No. L28, 7.2.95, p. 14) and Chapter XXVII of Annex II to the European Economic Area Agreement;”;

(b) for the definition of “the Council Regulation” there shall be substituted—

““the Council Regulation” means Council Regulation (EEC) No. 1576/89 laying down general rules on the definition, description and presentation of spirit drinks(7) (as corrected at O.J. No. L223, 2.8.89, p. 27), as amended by Council Regulation (EEC) No. 3280/92(8) and Chapter XXVII of Annex II to the European Economic Area Agreement;”;

(c) after the definition of “the Council Regulation” there shall be inserted—

• ““the European Economic Area Agreement” has the same meaning as “the Agreement” in section 6(1) of the European Economic Area Act 1993(9);”; and

(d) for the definition of “specified Community provision” there shall be substituted—

• ““specified Community provision” means—

  (a)

  any provision of the Council Regulation—

  (i)

  which is specified in column (1) of Part I of the Schedule, and

  (ii)

  whose subject matter is specified in the corresponding entry in column (2) of that Part;

  (b)

  any provision of the Commission Regulation—

  (i)

  which is specified in column (1) of Part 11 of the Schedule, and

  (ii)

  whose subject matter is specified in the corresponding entry in column 2 of that Part; 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(10).”.

(3) For regulation 3, there shall be substituted—

“Enforcement

3.   Each district council shall secure the enforcement and execution of the specified Community provisions within its district.”.

(4) Regulation 4 (Powers of authorised officers) shall be revoked.

(5) In regulation 5(2) (Offences and penalties)—

(a) for “Article 1” there shall be substituted “Article 1(4)”; and

(b) after “beverages” there shall be inserted “, as amended by Commission Regulation (EEC) No. 1759/90(11), Commission Regulation (EEC) No. 3207/90(12) and Commission Regulation (EEC) No. 3750/90(13),”.

(6) For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.

(1)

S.R. 1990 No. 219; the relevant amending Regulations are S.R. 1991 No. 203

(2)

O.J. No. L105, 25.4.90, p. 9

(3)

O.J. No. L115, 8.5.91, p. 5

(4)

O.J. No. L160, 25.6.91, p. 5

(5)

O.J. No. L350, 1.12.92, p. 59

(6)

O.J. No. L285, 4.11.94, p. 5

(7)

O.J. No. L160, 12.6.89, p. 1

(8)

O.J. No. L327, 13.11.92, p. 3

(9)

1993, c. 51

(10)

O.J. No. L138, 2.6.94, p. 7

(11)

O.J. No. L162, 28.6.90, p. 23

(12)

O.J. No. L307, 7.11.90, p. 11

(13)

O.J. No. L360, 22.12.90, p. 40