S T A T U T O R Y  I N S T R U M E N T S  
2020 No. 1636 
EXITING THE EUROPEAN UNION 
AGRICULTURE 
FOOD 
The Spirit Drinks, Wine and European Union Withdraw al 
(Consequential Modifications) (Amendment) (EU Exit)  
Regulations 2020 
Made - - - - 11.00 a.m. on 23rd December 2020 
Laid before Parliament 2.00 p.m. on 23rd December 2 020 
Coming into force in accordance with regulation 1(2 ) and (3) 
The Secretary of State makes these Regulations in e xercise of the powers conferred— 
(a)  in relation to regulations 2 and 3, and regulation 1 so far as it relates to regulations 2 and 
3, by section 2(2) of the European Communities Act 1972( a); 
(b)  otherwise, by section 6(1) of the Direct Payments t o Farmers (Legislative Continuity) Act 
2020( b). 
As regards regulation 2, the Secretary of State is a Minister designated for the purposes of section 
2(2) of the European Communities Act 1972 in relati on to measures relating to the description of 
and other requirements relating to spirit drinks( c). 
As regards regulation 3, the Secretary of State is a Minister designated for the purposes of section 
2(2) of the European Communities Act 1972 in relati on to— 
                                                                                                                                            
(a) 1972 c. 68 (“the ECA 1972”). Section 2(2) of the ECA 1972 was amended by section 27(1)(a) of the Leg islative and 
Regulatory Reform Act 2006 (c. 51) and by section 3 (3) of, and Part 1 of the Schedule to, the European  Union 
(Amendment) Act 2008 (c. 7). The ECA 1972 is repeal ed on exit day by the European Union (Withdrawal) A ct 2018 (c. 
16), but continues to have effect until IP completi on day pursuant to section 1A of the European Union  (Withdrawal) Act 
2018, inserted by section 1 of the European Union ( Withdrawal Agreement) Act 2020 (c. 1). For the mean ing of “IP 
completion day” see section 39 of the European Unio n (Withdrawal Agreement) Act 2020. Under section 57  of the Scotland 
Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation implementing obl igations under EU law 
in respect of devolved matters, the function of the  Secretary of State continues to be exercisable by the Secretary of State as 
regards Scotland for the purposes specified in sect ion 2(2) of the ECA 1972. Under paragraph 5 of Sche dule 3 to the 
Government of Wales Act 2006 (c. 32), despite the t ransfer to the Welsh Ministers of functions in rela tion to implementing 
any EU obligation in relation to devolved matters, the Secretary of State retains power to exercise su ch functions as regards 
Wales. The Secretary of State’s power, as a Ministe r so designated, to make regulations which extend t o Northern Ireland is 
confirmed by article 3(2) of S.I. 2000/2812. 
(b) 2020 c. 2. 
(c) S.I. 1989/1327, to which there are amendments not  relevant to these Regulations. The functions of th e Minister of 
Agriculture, Fisheries and Food were transferred to  the Secretary of State by the Ministry of Agricult ure, Fisheries and Food 
(Dissolution) Regulations 2002 (S.I. 2002/794).   2(a)  the common agricultural policy( a); 
(b)  food and drink intended for sale for human consumpt ion, including the presentation, 
packaging, labelling, marketing and advertising of such food and drink( b). 
In accordance with section 6(5) of the Direct Payme nts to Farmers (Legislative Continuity) Act 
2020, the Secretary of State has obtained the requi red consent from the Scottish Ministers, Welsh 
Ministers and the Department of Agriculture, Enviro nment and Rural Affairs in Northern Ireland 
insofar as these Regulations are made under section  6(1) of that Act. 
PART 1 
Introductory 
Citation and commencement 
1. —(1) These Regulations may be cited as the Spirit D rinks, Wine and European Union 
Withdrawal (Consequential Modifications) (Amendment ) (EU Exit) Regulations 2020. 
(2)  This regulation and Part 2 come into force on 30th December 2020. 
(3)  Part 3 comes into force immediately before IP compl etion day. 
PART 2 
Amendments made under section 2(2) of the European Communities Act 1972 
The Spirit Drinks Regulations 2008 
2. —(1) The Spirit Drinks Regulations 2008( c) are amended as follows. 
(2)  In regulation 3(1), after the definition of “Regula tion (EC) No 110/2008” insert— 
““Regulation (EC) No 936/2009” means Commission Reg ulation (EC) No 936/2009 
applying the agreements between the European Union and third countries on the mutual 
recognition of certain spirit drinks( d);”. 
(3)  In regulation 4 insert as paragraph (5)— 
“(5) A person is guilty of an offence if they contr avene Article 1 of Regulation (EC) No 
936/2009.”. 
(4)  After regulation 6(4) insert— 
“(5) Each food authority is designated as the compe tent authority responsible for controls 
in respect of the enforcement of Article 1 of Regul ation (EC) No 936/2009 in its area 
except to the extent that a port health authority i s designated as the competent authority 
within any part of that area under paragraph (6). 
(6) Each port health authority is designated as the  competent authority responsible for 
controls in respect of the enforcement of Article 1  of Regulation (EC) No 936/2009 in its 
district for drinks being imported into or exported  from the United Kingdom.”. 
(5)  In regulation 18(1)( e), in the words before sub-paragraph (a), for “or ( 2)” substitute “, (2) or 
(5)”. 
                                                                                                                                            
(a) S.I. 1972/1811, to which there are amendments not  relevant to these Regulations. 
(b) S.I. 2005/2766, to which there are amendments not  relevant to these Regulations. 
(c) S.I. 2008/3206, amended by S.I. 2011/1043 and 201 9/1289. 
(d) OJ No. L 264, 8.10.2009, p. 5. 
(e) Regulation 18(1) was amended, in relation to Engl and and Wales, by the Legal Aid, Sentencing and Pun ishment of 
Offenders Act 2012 (c. 10), section 85(1).  3(6)  In regulation 22— 
(a)  at the end of sub-paragraph (a) omit “or”; 
(b)  at the end of sub-paragraph (b) insert “; or”; 
(c)  after sub-paragraph (b) insert— 
“(c) committed an offence under regulation 4(5) by contravening Article 1 of 
Regulation (EU) No 936/2009.”. 
The Wine Regulations 2011 
3. —(1) The Wine Regulations 2011( a) are amended as follows. 
(2)  In regulation 2(2), before the definition of “the A gency” insert— 
““the 1416/2006 prohibition” has the meaning given in regulation 6A(1);”. 
(3)  In regulation 3(1), in the words before sub-paragra ph (a), after “Regulations” insert “and the 
1416/2006 prohibition”. 
(4)  In regulation 4(1), at the end insert “and the 1416 /2006 prohibition”. 
(5)  In Part 3, before regulation 7 insert— 
“The 1416/2006 prohibition 
6A. —(1) In these Regulations, “the 1416/2006 prohibiti on” means the prohibition 
contained in the first sentence of Article 1 of Reg ulation (EC) No 1416/2006( b) 
(prohibiting the use of a US name of origin listed in the Annex to that Regulation for a wine 
unless it is used to designate a wine of the origin  indicated by such name) as read with 
paragraph (2). 
(2) The prohibition referred to in paragraph (1) do es not apply in relation to the use of a 
US name of origin listed in the Annex to Regulation  (EC) No 1416/2006 for a wine 
where— 
(a) the name of origin used for the wine is homonym ous with the US name of origin, 
the wine originates from the place with the homonym ous name and the name is 
used in such a way that consumers will not be misle d, or 
(b) the name is used in the course of trade by the person under whose name the wine is 
produced and marketed and the US name of origin is the same as the name of that 
person or a predecessor of that person in business and is used in such a way that 
consumers will not be misled. 
(3) In this regulation, “Regulation (EC) No 1416/20 06” means Commission Regulation 
(EC) No 1416/2006 laying down specific rules on the  implementation of Article 7(2) of the 
Agreement between the European Community and the Un ited States of America on trade in 
wine concerning the protection of US names of origi n in the Community.”. 
(6)  In regulation 8(1), after “European Regulations” in sert “, the 1416/2006 prohibition”. 
(7)  In regulation 9(1)(a), after “European Regulations”  insert “, the 1416/2006 prohibition”. 
(8)  In regulation 10— 
(a)  in paragraph (1), after “Regulations” insert “or th e 1416/2006 prohibition”; 
(b)  in paragraph (2)(a), at the end insert “or, if rele vant, state that the officer believes that the 
1416/2006 prohibition has been contravened”. 
(9)  In regulation 11(2)— 
(a)  at the end of sub-paragraph (a) omit “or”; 
                                                                                                                                            
(a) S.I. 2011/2936, amended by S.I. 2012/2897 and 201 9/524. 
(b) OJ No. L 267, 27.9.2006, p. 22, as amended by Com mission Implementing Regulation (EU) No 1212/2011 ( OJ No.  L 308, 
24.11.2011, p. 18).  4(b)  at the end of sub-paragraph (b) insert “; or”; 
(c)  after sub-paragraph (b) insert— 
“(c) has contravened the 1416/2006 prohibition.”. 
(10)  In regulation 12(2), after “Regulations” insert “or  the 1416/2006 prohibition”. 
(11)  In regulation 14— 
(a)  after paragraph (1) insert— 
“(1A) Any person who contravenes the 1416/2006 proh ibition is guilty of an offence.”; 
(b)  after paragraph (3)(a) insert— 
“(aa) intentionally to obstruct an authorised offic er acting in the enforcement of the 
1416/2006 prohibition;”. 
PART 3 
Amendments made under section 6(1) of the Direct Pa yments to Farmers (Legislative 
Continuity) Act 2020 
The European Union Withdrawal (Consequential Modifi cations) (EU Exit) Regulations 2020 
4. —(1) The European Union Withdrawal (Consequential M odifications) (EU Exit) Regulations 
2020( a) are amended as follows. 
(2)  In regulation 3(2)(d), in the inserted text, after paragraph 2A(6) insert— 
“(6A) This paragraph does not apply to a reference in— 
(a) the Direct Payments to Farmers (Legislative Con tinuity) Act 2020 or any 
subordinate legislation made under that Act, or 
(b) any retained direct EU CAP legislation (within the meaning given by section 2(10) 
of that Act).”. 
 
 
 
 
 Gardiner of Kimble  
 Parliamentary Under Secretary of State 
11 a.m. on 23rd December 2020 Department for Enviro nment, Food and Rural Affairs 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend the Spirit Drinks Regulatio ns 2008 (S.I. 2008/3206), the Wine 
Regulations 2011 (S.I. 2011/2936) and the European Union Withdrawal (Consequential 
Modifications) (EU Exit) Regulations 2020 (S.I. 202 0/1447). 
Regulation 2 makes amendments to the Spirit Drinks Regulations 2008 in relation to the 
enforcement of Commission Regulation (EC) No 936/20 09 applying the agreements between the 
European Union and third countries on the mutual re cognition of certain spirit drinks (OJ No. L 
264, 8.10.2009, p. 5). This includes an amendment m aking the contravention of Article 1 of 
Commission Regulation (EC) No 936/2009 an offence ( regulation 2(3)). 
Regulation 3 makes amendments to the Wine Regulatio ns 2011 in relation to the enforcement of 
Commission Regulation (EC) No 1416/2006 laying down  specific rules on the implementation of 
Article 7(2) of the Agreement between the European Community and the United States of 
                                                                                                                                            
(a) S.I. 2020/1447.  5America on trade in wine concerning the protection of US names of origin in the Community (OJ 
No. L 267, 27.9.2006, p. 22). This includes an amen dment making the contravention of the first 
sentence of Article 1 of Commission Regulation (EC)  No 1416/2006, as read with regulation 
6A(2) of the Wine Regulations 2011 (inserted by reg ulation 3(5)), an offence (regulation 
3(11)(a)). 
Regulation 4 makes amendments to the European Union  Withdrawal (Consequential 
Modifications) (EU Exit) Regulations 2020 to exclud e non-ambulatory references in legislation 
which relates to direct payments from the interpret ative provision in the new paragraph 2A of 
Schedule 8 to the European Union (Withdrawal) Act 2 018 (c. 16). This maintains the existing 
position regarding such references. 
An Impact Assessment has not been produced for this  instrument as no, or no significant, impact 
on the private, voluntary or public sectors is fore seen. 
  
  
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http://www.legislation.gov.uk/id/uksi/2020/1636