# Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995 S.R. 1995/105 · made 21 March 1995 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).The Regulations make provision for the enforcement and executionCommission 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—inserting into regulation 2(1) of the 1990 Regulations a definition of the Commission Regulation,substituting for the existing Schedule to the 1990 Regulations a new Schedule which refers to particular provisions of that Commission Regulation, andsubstituting 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;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); andArticle 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).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.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). Made under: The Food Safety (Northern Ireland) Order 1991 (Article 16); European Communities Act 1972 (repealed); European Economic Area Act 1993 (Section 2, Section 3) PDFs: Printed copy https://openlegislation.uk/spirit-drinks-amendment-regulations-northern-ireland-1995/pdf/nisr_19950105_en.pdf ## Introductory text FOOD 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, and being a designated Department for the purposes of section 2(2) of the European Communities Act 1972 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 (save for paragraph (a) thereof)), and of all other powers enabling it in that behalf, hereby makes the following Regulations: ## 1 Citation, commencement and interpretation (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 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. ## 2 Amendment of the Spirit Drinks Regulations (Northern Ireland) 1990 (1) The Spirit Drinks Regulations (Northern Ireland) 1990 (“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, as amended by Commission Regulation (EEC) No. 1180/91, Commission Regulation (EEC) No. 1781/91, Commission Regulation (EEC) No. 3458/92, Commission Regulation (EC) No. 2675/94 (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 (as corrected at O.J. No. L223, 2.8.89, p. 27), as amended by Council Regulation (EEC) No. 3280/92 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;”; 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.”. (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, Commission Regulation (EEC) No. 3207/90 and Commission Regulation (EEC) No. 3750/90,”. (6) For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations. ## 3 Exclusion of the operation of section 3(1) of the European Economic Area Act 1993 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). ## Signature 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. ## Schedule to be substituted in the Principal Regulations “SCHEDULE Specified Community Provisions Regulation 2 PART I PROVISIONS OF THE COUNCIL REGULATION (1) (2) Provision Subject Matter Article 2, read with Article 1(4) of the the marketing Council Regulation and Articles 1 to 7 of the Commission Regulation Requirements relating to for human consumption of spirit drinks under specified designations Article 3(1), read with Annex III Minimum alcoholic strength by volume of spirit drinks to be released for human consumption in the Community Article 4(1) Restriction on the marketing under are served name of spirit drinks to which an unauthorised substance has been added Article 4(5) Requirements relating to the use of natural flavouring substances and preparations Article 4(7), read with Annex I Conditions as to the use of ethyl alcohol in the preparation of spirit drinks Article 5(1) Restriction on the use of reserved names Article 5(2) and (3)(a) and (b) Conditions as to the use of supplementary geographical indications and designations Article 7(1) and (2) Requirements relating to the labelling, presentation and advertising of spirit drinks, and the containers into which spirit drinks may be put Article 7(4) Requirement to give particulars in an official language of the Communities understood by the final consumer. Article 7(5) Prohibition on the translation of specified designations Article 8 Prohibition of the use of associating words or phrases to describe spirit drinks produced in the Community marketed for human consumption Article 9(1) Prohibitions on the use of reserved generic names for specified spirit drinks containing added ethyl alcohol of agricultural origin Article 9(2) Requirements relating to the compositional labelling and presentation of Rum-Verschnitt Article 12(1) Application of Community rules to spirit drinks intended for export PART II PROVISIONS OF THE COMMISSION REGULATION (1) (2) Provision Subject Matter Article 7a, read with the Annex Restrictions on the use of reserved terms Article 7b(1) Restriction on the use of a generic term in a compound term Article 7b(2) Restriction on the use of compound terms for liqueurs Article 7b(3) Requirements relating to the labelling and presentation of specified liqueurs using compound terms. Article 7c Requirements relating to the description, etc., of mixtures of spirit drinks. ” ## 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). --- Source: https://www.legislation.gov.uk/nisr/1995/105 (the official version) Page: https://openlegislation.uk/spirit-drinks-amendment-regulations-northern-ireland-1995 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.