The Food and Farming (Amendment) (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Food and Farming (Amendment) (EU Exit) Regulations 2019 No. 759

Regulation (EC) No 110/2008 of the European Parliament and of the Council

This section has no associated Explanatory Memorandum

3.—(1) 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 is amended as follows.

(2) In Article 1(2), in the first sentence, for “Community”, in each place it occurs, substitute “United Kingdom”.

(3) After Article 2 insert—

“Article 2aOther definitions

In this Regulation:

‘enactment’ includes enactments of the type specified in paragraphs (a) to (f) of the definition of ‘enactment’ in section 20(1) of the European Union (Withdrawal) Act 2018;

‘third country’ means a country, other than the United Kingdom, and includes:

(a)

the Bailiwick of Guernsey;

(b)

the Bailiwick of Jersey;

(c)

the Isle of Man.”.

(4) In Article 5(2)(e) omit the words from “and taking” to the end.

(5) In Article 6—

(a)for the heading substitute—

“Stricter rules”;

(b)in paragraph 1—

(i)for the words from “and in” to “down” substitute “, nothing in this Regulation prevents the making of regulations imposing”;

(ii)after “labelling” insert “in relation to a category of spirit drink in Annex 2”;

(iii)for “Community” substitute “retained EU”;

(c)for paragraph 2 substitute—

“2. In paragraph 1, ‘regulations’ means:

(a)in relation to England, any regulations made by the Secretary of State under the Food Safety Act 1990(1) using an enabling power in that Act that confers power on the Secretary of State to make regulations imposing such stricter rules;

(b)in relation to Northern Ireland, any regulations made by the Department of Agriculture, Environment and Rural Affairs under the Food Safety (Northern Ireland) Order 1991(2) using an enabling power in that Order that confers power on that Department to make regulations imposing such stricter rules;

(c)in relation to Scotland, any regulations made by the Scottish Ministers under the Food Safety Act 1990 using an enabling power in that Act that confers power on the Scottish Ministers to make regulations imposing such stricter rules;

(d)in relation to Wales, any regulations made by the Welsh Ministers under the Food Safety Act 1990 using an enabling power in that Act that confers power on the Welsh Ministers to make regulations imposing such stricter rules.”.

(6) In Article 8, for “Article 5 of Directive 2000/13/EC” substitute “Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

(7) In Article 9—

(a)in paragraph 6(a), for the words from “established” to “Article 20; or” substitute—

“any of the following geographical indications:

(i)Irish Cream;

(ii)Irish Whiskey, Irish Whisky, Uisce Beatha Eireannach;

(iii)Scotch Whisky; or”;

(b)in paragraph 9, for “Directive 2000/13/EC” substitute “Regulation (EU) No 1169/2011”.

(8) In Article 10—

(a)in paragraph 1, for “Directive 2000/13/EC” substitute “Regulation (EU) No 1169/2011”;

(b)in paragraph 4 omit “in the Community”.

(9) In Article 11(4), in the first subparagraph, for “Directive 2000/13/EC” substitute “Regulation (EU) No 1169/2011”.

(10) In Article 14(4), for “Community” substitute “United Kingdom”.

(11) In Article 15(3), in the third subparagraph, for “Community” substitute “United Kingdom”.

(12) In Article 17—

(a)in paragraph 1, for “Commission” substitute “Secretary of State”;

(b)in paragraph 2—

(i)for “Community” substitute “United Kingdom”;

(ii)for the words from “by the” to the end substitute “to the Secretary of State”;

(c)in paragraph 3, for “Commission” substitute “Secretary of State”;

(d)for paragraph 4(f) substitute—

“(f)any requirements relating to the use of the geographical indication laid down:

(i)in the case of a geographical indication relating to an area that falls within the United Kingdom, or falls partly within the United Kingdom, in any enactment or retained EU law;

(ii)in the case of a geographical indication relating to an area that falls within a third country, or partly within a third country, in any provisions that apply in that area, including:

(aa)regional provisions, and

(bb)in the case of a member State, any EU legislation;”;

(e)in paragraph 5, for “Commission” substitute “Secretary of State”;

(f)in paragraph 6—

(i)for “Commission” substitute “Secretary of State”;

(ii)for the words from “the Official” to the end substitute “such manner as appears appropriate to the Secretary of State”;

(g)in paragraph 7, for “Commission” substitute “Secretary of State”.

(13) Omit Article 20.

(14) In Article 21, for “Articles 17(1) and 20(1)” substitute “Article 17(1)”.

(15) In Article 22(1)—

(a)in the first subparagraph, in the words before the first indent, for “Community” substitute “United Kingdom”;

(b)for the first indent (but not the final “and/or”) substitute—

“the authority designated as the authority responsible for carrying out such verification by regulation 5 of the Spirit Drinks Regulations 2008(3),”.

(16) In Article 23—

(a)in paragraph 2—

(i)omit “With due regard to Community law,”;

(ii)omit the words from “ if that” to “concerned,”;

(iii)for “of the Community” substitute “of the United Kingdom”;

(iv)for the words from “as specified” to the end substitute “in, or under, the Trade Marks Act 1994(4)”;

(b)in paragraph 3, for “Community” substitute “United Kingdom”.

(17) Omit Article 24.

(18) In Article 28(3)—

(a)omit the first sentence;

(b)in the second sentence, for “prior to 20 February 2008 or until” substitute “as it had effect in the United Kingdom immediately before”.

(19) After Article 30 omit the words from “This Regulation” to “Member States.”.

(20) In Annex 1—

(a)in point (6)—

(i)in the first paragraph, for the words from “Council Directive 80/777/EEC” to “consumption” substitute “any relevant water quality legislation”;

(ii)after the second paragraph insert—

“In this point, ‘relevant water quality legislation’ means:

(a)in relation to spirit drinks marketed in England:

(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007(5);

(ii)the Water Supply (Water Quality) Regulations 2016(6);

(iii)the Private Water Supplies (England) Regulations 2016(7);

(b)in relation to spirit drinks marketed in Northern Ireland:

(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015(8);

(ii)the Private Water Supplies Regulations (Northern Ireland) 2017(9);

(iii)the Water Supply (Water Quality) Regulations (Northern Ireland) 2017(10);

(c)in relation to spirit drinks marketed in Scotland:

(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007(11);

(ii)the Public Water Supplies (Scotland) Regulations 2014(12);

(iii)the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017(13);

(d)in relation to spirit drinks marketed in Wales:

(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015(14);

(ii)the Private Water Supplies (Wales) Regulations 2017(15);

(iii)the Water Supply (Water Quality) Regulations 2018(16).”;

(b)in point (10), for the words from “colorants” to the end substitute “colours, as defined in entry 2 of Annex 1 to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives”.

(21) In Annex 2—

(a)in category 1—

(i)in point (a)(ii) omit the second sentence;

(ii)omit point (f);

(b)in category 9, in point (f), in the first subparagraph, omit the second sentence;

(c)in category 15, in point (d), for “13(2) of Directive 2000/13/EC” substitute “13(1) of Regulation (EU) No 1169/2011”;

(d)in point (c) of each of categories 25, 26, 27, 28 and 29, for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “3(2)(c) and (d) of Regulation (EC) No 1334/2008”;

(e)in category 32, in point (d), in the first paragraph, in the words before the first indent omit “produced in the Community”;

(f)in category 37, in point (c), for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “3(2)(c) and (d) of Regulation (EC) No 1334/2008”;

(g)in category 37a—

(i)in the second paragraph omit “Member State or third”;

(ii)after the second paragraph insert—

“In the second paragraph, in relation to the United Kingdom, ‘country of the manufacture’ means the United Kingdom as a whole and does not mean any of the individual constituent nations forming part of the United Kingdom.”;

(h)in point (c) of categories 42, 43, 45 and 46, for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “3(2)(c) and (d) of Regulation (EC) No 1334/2008”;

(i)in the section headed “Other spirit drinks”—

(i)in the paragraph numbered 1 (Rum-Verschnitt), in the final sentence omit the words from “Where” to “market,”;

(ii)in the paragraph numbered 2 (Slivovice), in the third sentence omit the words from “If this” to “Community,”.

(22) For Annex 3 substitute the Annex in the Schedule.

(1)

1990 c. 16.

(2)

S.I. 1991/762 (N.I. 7).

(3)

S.I. 2008/3206, amended by S.I. 2011/1043; there are other amending instructions but none is relevant.

(4)

1994 c. 26.