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The Spirit Drinks Regulations 2008

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Compliance with Community provisions

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4.—(1) A person is guilty of an offence if they contravene, or fail to comply with, any provision of Regulation (EC) No 110/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part of that Schedule.

(2) A person is guilty of an offence if they—

(a)directly or indirectly make commercial use of a registered Annex III geographical indication in a way mentioned in Article 16(a) of Regulation (EC) No 110/2008;

(b)misuse, imitate or evoke a registered Annex III geographical indication, even if the true origin of the product is indicated or the geographical indication is used in translation or accompanied by an expression such as “like”, “type”, “style”, “made”, “flavour” or any other similar term;

(c)use any other false or misleading indication as to the provenance, origin, nature or essential qualities on the description, presentation or labelling of a product that is liable to convey a false impression that the product is a registered Annex III product; or

(d)use any other practice that is liable to mislead the consumer into thinking that the product is a registered Annex III product.

(3) But paragraphs (1) and (2) do not apply—

(a)to the production of a spirit drink that is produced on or before 19th May 2009 in accordance with the requirements of—

(i)Council Regulation (EEC) No 1576/89(1) laying down general rules on the definition, description and presentation of spirit drinks; and

(ii)Commission Regulation (EEC) No 1014/90(2) laying down detailed implementing rules on the definition, description and presentation of spirit drinks; or

(b)to the marketing of a spirit drink produced in accordance with the requirements of Council Regulation (EEC) No 1576/89 and Commission Regulation (EEC) No 1014/90 on or before 19th May 2009 and marketed in accordance with the requirements of those Regulations.

(4) In this regulation “registered Annex III product” means a spirit drink for which a registered Annex III geographical indication may be used in accordance with Regulation (EC) No 110/2008.

(1)

OJ No L 160, 12.6.1989, p 1, last amended by the Act of Accession of 2005 (OJ No L 157, 21.6.05, p 11) and subsequently repealed by Regulation (EC) No 110/2008. However, the provisions of Council Regulation (EEC) No 1576/89 continue to apply on a transitional basis by virtue of Article 28(3) of Regulation (EC) No 110/2008.

(2)

OJ No L 105, 25.4.1990, p 9, last amended by Commission Regulation (EC) No 2140/98 (OJ No L 270, 7.10.1998, p 9). Commission Regulation (EEC) No 1014/90 was subsequently repealed by virtue of the repeal of Regulation (EEC) No 1576/89 (under which Commission Regulation (EEC) No 1014/90 was adopted) by Regulation (EC) No 110/2008. However, the provisions of Commission Regulation (EEC) No 1014/90 continue to apply on a transitional basis by virtue of the operation of Article 28(3) of Regulation (EC) No 110/2008.

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