CHAPTER I

SCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS

Subject matter and scope
Article 1
1
This Regulation lays down rules on the definition, description, presentation and labelling of spirit drinks as well as on the protection of geographical indications of spirit drinks.
2
This Regulation shall apply to all spirit drinks placed on the market in Great Britain whether produced in Great Britain, Northern Ireland or in third countries, as well as to those produced in Great Britain for movement to Northern Ireland or export to a third country. This Regulation shall also apply to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs.
3
In exceptional cases where a spirit drink is being moved to Northern Ireland, or exported to a third country, and the law that applies in Northern Ireland, or the law of the importing third country , as the case may be, so requires, a derogation may be granted from the provisions of Annexes I and II in accordance with paragraphs 4 to 6.
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 paragraph 4(b) may be made:
a
to the Secretary of State, in the case of an operator intending to:
i
export a consignment of a spirit drink from England to a relevant third country;
ii
move a consignment of a spirit drink from England to Northern Ireland;
b
to the Scottish Ministers, in the case of an operator intending to:
i
export a consignment of a spirit drink from Scotland to a relevant third country;
ii
move a consignment of a spirit drink from Scotland to Northern Ireland;
c
to the Welsh Ministers, in the case of an operator intending to:
i
export a consignment of a spirit drink from Wales to a relevant third country;
ii
move a consignment of a spirit drink from Wales to Northern Ireland.
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 Article—
a
‘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;
b
‘lot’ has the meaning given in regulation 2 of the Food (Lot Marking) Regulations 1996, as it extends to Great Britain;
c
‘relevant third country’ means a third country of the type referred to in paragraph 3.
Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(i)
Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(ii)
Words in Art. 1(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(a)(iii)
Words in Art. 1(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(i)
Words in Art. 1(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(ii)
Words in Art. 1(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(b)(iii)
Art. 1(4)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(2)(c)