Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995

Made: 21st March 1995

Coming into operation: 1st May 1995

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Article 16(2) of the Food Safety (Northern Ireland) Order 1991[^f00001], and being a designated Department[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to measures relating to the description of and other requirements relating to spirit drinks, in exercise of the powers conferred on it by the said section 2(2) (as read with section 3(3) of the European Economic Area Act 1993[^f00004] (save for paragraph (a) thereof)), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995 and shall come into operation on 1st May 1995.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00005] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Spirit Drinks Regulations (Northern Ireland) 1990

2

• (1) The Spirit Drinks Regulations (Northern Ireland) 1990[^f00006] (“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[^f00007], as amended by Commission Regulation (EEC) No. 1180/91[^f00008], Commission Regulation (EEC) No. 1781/91[^f00009], Commission Regulation (EEC) No. 3458/92[^f00010], Commission Regulation (EC) No. 2675/94[^f00011] (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[^f00012] (as corrected at O.J. No. L223, 2.8.89, p. 27), as amended by Council Regulation (EEC) No. 3280/92[^f00013] 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[^f00014];

; and

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

• “specified Community provision” means— any provision of the Council Regulation— which is specified in column (1) of Part I of the Schedule, and whose subject matter is specified in the corresponding entry in column (2) of that Part; any provision of the Commission Regulation— which is specified in column (1) of Part 11 of the Schedule, and whose subject matter is specified in the corresponding entry in column 2 of that Part; and 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[^f00015].

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

(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[^f00016], Commission Regulation (EEC) No. 3207/90[^f00017] and Commission Regulation (EEC) No. 3750/90[^f00018],”.

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

Exclusion of the operation of section 3(1) of the European Economic Area Act 1993

3

The operation of section 3(1) of the European Economic Area Act 1993 is hereby excluded insofar as it would otherwise apply in relation to the definition for which another is substituted by regulation 2(2)(b).

SCHEDULE — Schedule to be substituted in the Principal Regulations

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

D. A. Baker — Assistant Secretary — 21st March 1995.

Explanatory note

(This note is not part of the Regulations.)

• (1) These Regulations amend the Spirit Drinks Regulations (Northern Ireland 1990 (“the 1990 Regulations”), which make provision for the administration, execution and enforcement of Community provisions relating to the definition, description and presentation of spirit drinks set out in Council Regulation (EEC) No. 1576/89 (O.J. No. L160, 12.6.89, p. 1).

• (2) The Regulations make provision for the enforcement and execution

• (a) Commission Regulation (EEC) No. 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks (O.J. No. L105, 25.4.90, p. 9) as amended by Commission Regulation (EEC) No. 1180/91 (O.J. No. L115, 8.5.91, p. 5), Commission Regulation (EEC) No. 1781/91 (O.J. No. L160, 25.6.91, p. 5), Commission Regulation (EEC) No. 3458/92 (O.J. No. E350, 1.12.92, p. 59), Commission Regulation (EC) No. 2675/94 (O.J. No. L285, 4.11.94, p. 5) as corrected at O.J. No. L28, 7.2.95, p. 141 and Chapter XXVII of Annex II to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (O.J. No. L1, 3.1.94, p. 3) as adjusted by the Protocol signed at Brussels on 17th March 1993 (O.J. No. L1, 3.1.94, p. 572), by—

• (i) inserting into regulation 2(1) of the 1990 Regulations a definition of the Commission Regulation,

• (ii) substituting for the existing Schedule to the 1990 Regulations a new Schedule which refers to particular provisions of that Commission Regulation, and

• (iii) substituting for the existing definition of “specified Community provision” in regulation 2(1) of the 1990 Regulations a definition which makes reference, inter alia, to the said provisions;

• (b) Council Regulation (EEC) No. 1576/89 by substituting for the existing definition of that Community instrument in regulation 2(1) of the 1990 Regulations a definition which takes account of the corrections made to it at O.J. No. L223, 2.8.89, p. 27 and the amendments made to it by Council Regulation (EEC) No. 3280/92 (O.J. No. L327, 13.11.92, p. 3) and Chapter XXVII of Annex 11 to the Agreement referred to in sub-paragraph (a); 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 (O.J. No. L138, 2.6.94, p.7) by including that provision in the definition of “specified Community provision” substituted as described in sub-paragraph (a)(iii).

• (3) These Regulations also amend regulation 3 of the 1990 Regulations to provide that enforcement and execution falls to district councils. Regulation 4 of the 1990 Regulations is revoked.

• (4) These Regulations, additionally, substitute in regulation 5(2) of the 1990 Regulations for the existing reference to Article 1 of Commission Regulation (EEC) No. 3773/89 laying down transitional measures relating to spirituous beverages (O.J. No. L365, 15.12.89, p. 48) a reference to Article 1(4) of that instrument as amended by Commission Regulation (EEC) No. 1759/90 (O.J. No. L162, 28.6.90, p. 23), Commission Regulation (EEC) No. 3207/90 (O.J. No. L307, 7.11.90, p. 11) and Commission Regulation (EEC) No. 3750/90 (O.J. No. L360, 22.12.90, p. 40).

Footnotes

[^f00001]: S.I. 1991/762 (N.I. 7). See Article 2(2) for the definition of “regulations” and “the Department concerned”

[^f00002]: S.I. 1989/1327

[^f00003]: 1972 c. 68; the definition of the Treaties referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)

[^f00004]: 1993 c. 51

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: S.R. 1990 No. 219; the relevant amending Regulations are S.R. 1991 No. 203

[^f00007]: O.J. No. L105, 25.4.90, p. 9

[^f00008]: O.J. No. L115, 8.5.91, p. 5

[^f00009]: O.J. No. L160, 25.6.91, p. 5

[^f00010]: O.J. No. L350, 1.12.92, p. 59

[^f00011]: O.J. No. L285, 4.11.94, p. 5

[^f00012]: O.J. No. L160, 12.6.89, p. 1

[^f00013]: O.J. No. L327, 13.11.92, p. 3

[^f00014]: 1993, c. 51

[^f00015]: O.J. No. L138, 2.6.94, p. 7

[^f00016]: O.J. No. L162, 28.6.90, p. 23

[^f00017]: O.J. No. L307, 7.11.90, p. 11

[^f00018]: O.J. No. L360, 22.12.90, p. 40