Amendments to the Spirit Drinks (Scotland) Regulations 1990

2.—(1) The Spirit Drinks (Scotland) Regulations 1990(1) shall be amended in accordance with the following paragraphs of this Regulation.

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

(a) after the definition of “the Act” there shall be inserted the following definition:—

““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 OJ 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” the following definition 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 OJ 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 following definition:—

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

(d) for the definition of “specified Community provision” the following definition 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 to these Regulations, 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 II of the Schedule to these Regulations, 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(9)”.

(3) Regulation 3(3) (enforcement) shall be revoked.

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

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

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

(b) after the word “beverages” there shall be inserted the phrase “, as amended by Commission Regulation (EEC) No.1759/90(10), Commission Regulation (EEC) No.3207/90(11) and Commission Regulation (EEC) No.3750/90(12),”.

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

(1)

S.I. 1990/1196, amended by S.I. 1990/2625.

(2)

OJ No.L105, 25.4.90, p.9.

(3)

OJ No.L115, 8.5.91, p.5.

(4)

OJ No.L160, 25.6.91, p.5.

(5)

OJ No.L350, 1.12.92, p.59.

(6)

OJ No.L285, 4.11.94, p.5.

(7)

OJ No.L160, 12.6.89, p.1.

(8)

OJ No.L327, 13.11.92, p.3.

(9)

OJ No.L138, 2.6.94, p.7.

(10)

OJ No.L162, 28.6.90, p.23.

(11)

OJ No.L307, 7.11.90, p.11.

(12)

OJ No.L360, 22.12.90, p.40.