Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for the administration, execution and enforcement of directly applicable Community provisions relating to the definition, description and presentation of spirit drinks set out in Council Regulation (EEC) No 1576/89 (OJ No L160, 12.6.1989, p.1) (“the Council Regulation”) and come into force on 29th June 1990.

The Regulations

(a)

designate authorities for the purposes of enforcement (regulation 3);

(b)

add a power to require the production of books and documents and to take copies of books and documents to those available to authorised officers of the enforcement authorities under Part VI of the Food Act 1984 (regulation 4);

(c)

prescribe offences and penalties (regulation 5(1));

(d)

apply various provisions of the Food Act 1984 for the purposes of enforcement (regulation 6);

(e)

repeal section 3(3) of the Food Act 1984 which permitted a defence in proceedings in respect of diluted whisky, brandy, rum or gin (regulation 7).

Under the transitional provisions of Article 1 of Commission Regulation (EEC) No 3773/89 (OJ No L365, 15.12.89, p.48) the marketing of spirit drinks not conforming with the provisions of the Council Regulation is permitted for specified periods in the circumstances described in that Article (regulation 5(2)).