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1.

Notifying Member: United Kingdom

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible: HM Revenue and Customs

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

HM Revenue and Customs

Alcohol Policy Team

Indirect Tax Directorate

3W Ralli Quays

3 Stanley Street

Salford M60 9LA

United Kingdom

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [X], 5.7.1 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Scotch whisky – 220830; Single malt whisky – 220830 30 00; Blended malt whisky, in containers holding 2 litres or less – 220830 41 00; Blended malt whisky, in containers holding more than 2 litres – 220830 49 00; Single grain whisky and blended grain whisky, in containers holding 2 litres or less – 220830 61 00; Single grain whisky and blended grain whisky and blended grain whisky, in containers holding more than 2 litres – 220830 69 00. Whiskies (HS: 220830)

5.

Title, number of pages and language(s) of the notified document: The Spirit Drinks (Cost of Verification) Regulations 2013 http://www.legislation.gov.uk/uksi/2013/2949/pdfs/uksi_20132949_en.pdf (8 pages, in English)

6.

Description of content: The Spirit Drinks (Cost of Verification) Regulations 2013 implement Article 22 of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks.

Regulation 110/2008 makes provision for Member States to introduce measures ensuring that spirit drinks marketed with a protected geographical indication are produced in accordance with the specific conditions laid down in a technical file for the product

In the UK, this affects Scotch Whisky, Irish Whiskey produced in Northern Ireland, Irish Cream produced in Northern Ireland and Somerset Cider Brandy, all of which are registered at Annex III to the Regulation.

Article 22 of Regulation 110/2008 requires that a relevant spirit drink is verified by a competent authority as being compliant with its technical file before it can be placed on the market. The Article requires that the costs of verification for each relevant spirit drink are borne by the producers who are subject to the controls specified in the technical file.

The Commissioners for Her Majesty's Revenue and Customs ("the Commissioners") are designated as the authority responsible for the verification of UK spirit drinks registered at Annex III to the Regulation and their task is to design and administer verification schemes for each relevant spirit drink to test for compliance with its technical file. The Commissioners must impose charges for the verification, details of which will be published in each verification scheme.

The Spirit Drinks (Cost of Verification) Regulations 2013 provide for the publication of verification schemes for UK produced spirit drinks with a Geographical Indication. They also provide for charges for obtaining verification to be imposed on producers.

7.

Objective and rationale, including the nature of urgent problems where applicable: The Spirit Drinks (Cost of Verification) Regulations 2013 provide the legal basis for the UK's spirit drinks verification schemes.

At present, the only scheme in operation is for Scotch whisky (this was introduced in January 2014). Schemes for other UK GI spirit drinks will be introduced in due course.

Quality requirements

8.

Relevant documents: The Scotch whisky verification scheme applies to producers in Scotland and blenders, bottlers and labellers and bulk importers of Scotch whisky outside Scotland.

Details of the Scotch whisky verification scheme can be found at the attached link on the GOV.UK web site: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380284/techincal-guidance.pdf

9.

Proposed date of adoption: The Spirit Drinks (Cost of Verification) Regulations 2013 were made on 14 December 2013. Text is being notified in arrears for transparency purposes.

Proposed date of entry into force: The Scotch whisky verification scheme was introduced on 10 January 2014. Text is being notified in arrears for transparency purposes.

10.

Final date for comments: In case of queries or comments, please see contact details above.

11.

Texts available from: National enquiry point [X] or address, telephone and fax numbers and email and website addresses, if available, of other body:

UK TBT Enquiry Point

Trade Policy Unit

Department for Business Innovation and Skills

1 Victoria Street

London SW1H 0ET

phil.walker@bis.gsi.gov.uk

http://www.legislation.gov.uk/uksi/2013/2949/pdfs/uksi_20132949_en.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380284/techincal-guidance.pdf