Regulation 3 Regulation (EC) No 110/2008 of the European Parliament and of the Council

(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—

(a)

in paragraph 3, for the words from “the regulatory” to the end substitute “paragraphs 4 to 6”;

(b)

after paragraph 3 insert—

“4.

A derogation may be granted:

(a)
by regulations, or

(b)
on application, by administrative decision, where regulations have not been made or where regulations have been made but do not apply in a particular case.

5.

An application of the type referred to in the paragraph 4(b) may be made:

(a)
in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from England, to the Secretary of State;

(b)
in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c)
in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Scotland, the Scottish Ministers;

(d)
in relation to an operator intending to export a consignment of a spirit drink to a relevant third country from Wales, the Welsh Ministers.

6.

An application of the type referred to in paragraph 4(b) must be made in relation to one type of spirit drink and on a consignment by consignment basis.

7.

In this Regulation ‘consignment’ means a quantity of one type of spirit drink covered by a single document required for customs formalities and may be composed of more than one lot.”.

(3)

In Article 2a, after the definition of ‘third country’ insert—

“‘type A regulations’ means any regulations made under:

(a)
Article 1(3);

(b)
Article 5(1)(e);

(c)
Article 12(3);

(d)
Article 27(2);

(e)
Article 28(2), in so far as they do not relate to matters arising in connection with Chapter 3;

‘type B regulations’ means any regulations made under:

(a)
Article 17(8b);

(b)
Article 18(3);

(c)
Article 27(1);

(d)
Article 28(2), in so far as they relate to matters arising in connection with Chapter 3.”.

(4)

In Article 5(1)(e), for the words from “shall be decided” to the end substitute “may be specified in regulations”.

(5)

In Article 12(3)—

(a)

omit the words from the beginning to “Article 25(3)”;

(b)

at the end insert as a new sentence—

“Regulations may specify derogations in respect of this requirement.”.

(6)

For Article 17(8) substitute—

“8.

The Secretary of State must decide whether to register the geographical indication, taking into account any objection raised in accordance with paragraph 7.

9.

After making a decision under this Article, the Secretary of State must publish in such manner as appears to be appropriate to the Secretary of State:

(a)
a notice informing the applicant and the public of the decision made under this Article in relation to the application, and

(b)
if the application is granted, a copy of the approved technical file relating to the geographical indication.”.

(7)

In Article 18—

(a)

number the existing paragraph as paragraph 1;

(b)

in that paragraph 1—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

omit the words from “in accordance” to the end;

(c)

after that paragraph insert—

“2.

The Secretary of State’s decision under paragraph 1 must be published in such manner as appears to be appropriate to the Secretary of State.

3.

Where the Secretary of State decides to cancel a registration, Annex 3 must be amended, by regulations, to remove the entry relating to the geographical indication from that Annex.”.

(8)

For Article 25 substitute—

“Article 25
Type A regulations: general

1.

The power to make type A regulations is exercisable by:

(a)
in relation to England, the Secretary of State;

(b)
in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c)
in relation to Scotland, the Scottish Ministers;

(d)
in relation to Wales, the Welsh Ministers.

2.

But the power to make type A regulations may be exercised by the Secretary of State for the whole or part of the United Kingdom if consent is given by:

(a)
for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)
for regulations applying in relation to Scotland, the Scottish Ministers;

(c)
for regulations applying in relation to Wales, the Welsh Ministers.

3.

Type A regulations may:

(a)
contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments and retained direct minor EU legislation);

(b)
make different provision for different purposes.

Article 25a
Type B regulations: general

1.

The power to make type B regulations is exercisable by the Secretary of State.

2.

Type B regulations may:

(a)
contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments and retained direct minor EU legislation);

(b)
make different provision for different purposes.

Article 25b
Type A and B regulations: the Secretary of State

1.

Type A and B regulations made by the Secretary of State are to be made by statutory instrument.

2.

A statutory instrument containing type A or B regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Article 25c
Type A regulations: Northern Ireland

1.

A power of the Department of Agriculture, Environment and Rural Affairs to make type A regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979^f1.

2.

Type A regulations made by the Department of Agriculture, Environment and Rural Affairs are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954^f2 as if they were a statutory instrument within the meaning of that Act.

Article 25d
Type A regulations: the Scottish Ministers

1.

For type A regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010^f3.

2.

Type A regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Article 25e
Type A regulations: the Welsh Ministers

1.

Type A regulations made by the Welsh Ministers are to be made by statutory instrument.

2.

A statutory instrument containing type A regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”.

(9)

For Article 27 substitute—

“Article 27
Power to make regulations

1.

Regulations may be made to make such provision as appears necessary to the Secretary of State in relation to the implementation of Chapter 3 of this Regulation.

2.

Except in relation to matters covered by Chapter 3, regulations may be made to make such provision as appears necessary to the person making the regulations in relation to the implementation of this Regulation.”.

(10)

In Article 28—

(a)

in paragraph 1—

(i)

for the words before point (a) substitute “Regulations may be made”;

(ii)

omit point (a);

(iii)

in point (c) omit “Community”;

(b)

in paragraph 2—

(i)

for the words from the beginning to “adopted” substitute “Regulations may be made”;

(ii)

omit “Community”.

Annotations

Footnotes

f1: S.I. 1979/1573 (N.I. 12).
f2: 1954 c.33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
f3: 2010 asp 10.