CHAPTER IV

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Control and protection of spirit drinks
Article 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Derogation from nominal quantities requirements in Directive 2007/45/EC
Article 24a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations: general
Article 25
1
Any power to make regulations under this Regulation is exercisable by:
a
the Secretary of State:
i
in the case of regulations made under Article 27 concerning a subject matter that is outside of the devolved competence of the Scottish Ministers and the Welsh Ministers, in relation to Great Britain;
ii
otherwise in relation to England:
b
the Scottish Ministers in relation to Scotland:
i
in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers;
ii
in the case of regulations made under any other article of this Regulation;
c
the Welsh Ministers in relation to Wales;
i
in the case of regulations made under Article 27 concerning a subject matter that is within the devolved competence of the Welsh Ministers;
ii
in the case of regulations made under any other article of this Regulation.
2
But the power to make regulations may be exercised by the Secretary of State for the whole or part of Great Britain in the case of regulations to which paragraph 3 applies if consent is given by:
a
the Scottish Ministers to the extent that the for the regulations will apply in relation to Scotland;
b
the Welsh Ministers to the extent that the regulations will apply in relation to Wales.
3
This paragraph applies to:
a
regulations that may be made under Article 27 concerning a subject matter that is within the devolved competence of the Scottish Ministers, in relation to Scotland, and the devolved competence of the Welsh Ministers, in relation to Wales;
b
regulations that may be made under any other article of this Regulation.
4.
For the purposes of this Article:
a
it is within the devolved competence of the Scottish Ministers to make any provision by regulations under Article 27 in relation to Scotland that would be within the legislative competence of the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);
b
it is within the devolved competence of the Welsh Ministers to make any provision by regulations under Article 27 in relation to Wales that would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006),
c
in relation to regulations made under Article 27, ‘outside of devolved competence’ is to be construed, in relation to the Secretary of State, as meaning anything that is not within the devolved competence of the Scottish Ministers or Welsh Ministers by virtue of points (a) and (b) respectively.

Regulations: the Secretary of State
Article 25a
1.
Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.
2.
Except as specified in paragraph 3, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
3.
A statutory instrument containing regulations made by the Secretary of State under Article 26 that amend Annex 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4.
Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.
a
contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment);
b
make different provision for different purposes.
5.
In this Article, ‘enactment’ means:
a
where Article 25(1)(a) applies:
i
an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act to the extent that the enactment applies to England;
ii
regulations made under
assimilated direct principal
legislation to the extent that they apply in England;
iii
assimilated direct minor
legislation to the extent that it applies to England;
b
where Article 25(2) applies:
i
an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland;
ii
regulations made under
assimilated direct principal
legislation, except to the extent that they extend to Northern Ireland;
iii
assimilated direct minor
legislation, except to the extent that it extends to Northern Ireland.

Regulations: Scotland
Article 25b
1.
For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
2.
Subject to paragraph 3, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
3.
Regulations made by the Scottish Ministers under Article 26 that amend Annex 2 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
4.
Regulations made by the Scottish Ministers under this Regulation may:
(a)
contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment) to the extent that such provision is within the devolved competence of the Scottish Ministers;
(b)
make different provision for different purposes.
5.
In this Article, ‘enactment’ means:
a
an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
b
an enactment contained in an instrument made under an Act of the Scottish Parliament;
c
regulations made under
assimilated direct principal
legislation;
d
assimilated direct minor
legislation.
6.
For the purposes of paragraph 4(a), a provision is within the devolved competence of the Scottish Ministers if the amendment or revocation of the provision that would be within the legislative competence of the Scottish Parliament if was included in an Act of the Parliament (see section 29 of the Scotland Act 1998).

Regulations: Wales
Article 25c
1.
Regulations made by the Welsh Ministers under this Regulation are to be made by statutory instrument.
2.
Subject to paragraph 3, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.
3.
A statutory instrument containing regulations made by the Welsh Ministers under Article 26 that amend Annex 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
4
Regulations made by the Welsh Ministers under this Regulation may:
a
contain supplementary, incidental, consequential, transitional or saving provision (including provision amending or revoking an enactment) to the extent that such provision is within the devolved competence of the Welsh Ministers;
b
make different provision for different purposes.
5.
In this Article, ‘enactment’ means:
a
an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
b
an enactment contained in an instrument made under a Measure or Act of Senedd Cymru;
c
regulations made under
assimilated direct principal
legislation;
d
assimilated direct minor
legislation.
6.
For the purposes of paragraph 4(a), a provision is within the devolved competence of the Welsh Ministers to the extent that it would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006).

Amendment of the Annexes
Article 26
Annexes 1 and 2 may be amended by regulations.

Implementing measures
Article 27
1.
Regulations may be made to make such provision as appears necessary to the appropriate authority in relation to the implementation of this Regulation.
2.
In this Article, ‘the appropriate authority’ means the person specified in Article 25(1)(a), (b)(ii) or (c)(i), as the case may be or, in a case where the Secretary of State is to exercise the power to make regulations under this Article pursuant to Article 25(2) (having obtained the necessary consents required by Article 25(2)), the Secretary of State.

Transitional and other specific measures
Article 28
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Regulations may be made, where appropriate, to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop ... reference methods for the analysis of spirit drinks.
3
... Spirit drinks not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1576/89 as it had effect in Great Britain immediately before 20 May 2009 may continue to be placed on the market until stocks run out.

Repeal
Article 29
1
Regulation (EEC) No 1576/89 is hereby repealed. References made to the repealed Regulation shall be construed as being made to this Regulation.
2
Commission Regulations (EEC) No 2009/92 , (EC) No 1267/94 and (EC) No 2870/2000 shall continue to apply.

Entry into force
Article 30
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 20 May 2008.
Commission Regulation (EEC) No 2009/92 of 20 July 1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 203, 21.7.1992, p. 10).
Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (OJ L 138, 2.6.1994, p. 7). Regulation as amended by Regulation (EC) No 1434/97 (OJ L 196, 24.7.1997, p. 56).
Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 29.12.2000, p. 20). Regulation as amended by Regulation (EC) No 2091/2002 (OJ L 322, 27.11.2002, p. 11).
Arts. 25-25c substituted for Art. 25 (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(14), Sch. 1
Art. 24 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(13)
Art. 26 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(15)
Art. 27 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(16)
Art. 28(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(a)
Words in Art. 28(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(17)(b)(i)
Word in Art. 28(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(b)(ii)
Words in Art. 28(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(17)(c)(i)
Words in Art. 28(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(17)(c)(ii)
Art. 24a omitted (19.6.2021) by virtue of The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 9
Words in Art. 25a(5)(a)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(2)(a)
Words in Art. 25a(5)(b)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(2)(a)
Words in Art. 25a(5)(a)(iii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(3)(a)
Words in Art. 25a(5)(b)(iii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(3)(a)
Words in Art. 25b(5)(d) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(3)(b)
Words in Art. 25b(5)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(2)(b)
Words in Art. 25c(5)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(2)(c)
Words in Art. 25c(5)(d) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 77(3)(c)