http://www.legislation.gov.uk/nisr/1995/105/regulation/3/made
Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995
Alcohol use and abuse
European Union
Government Printer for Northern Ireland
2018-01-15
FOOD
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).
Exclusion of the operation of section 3(1) of the European Economic Area Act 19933
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).