Citation and commencement

1. These Regulations may be cited as the Spirit Drinks (Costs of Verification) Regulations 2013 and come into force on 14th December 2013.

Interpretation

2. In these Regulations—

“approved method of communication”, in relation to the making of an application or the making of a payment to the Commissioners in accordance with a provision of these Regulations means a method of communication which has been specified by the Commissioners in a relevant verification scheme, for the making of an application of that kind or the making of a payment of that kind under that provision;

“Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“producer” means the owner and operator of a production facility carrying out a stage in the production of a relevant spirit drink;

“production facility” means a facility involved in one or more production processes;

“production process” means a process defined in the technical file required to create the relevant spirit drink;

“Regulation 5 ) of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing

“relevant spirit drink” has the meaning given in regulation 5(2) of the Spirit Drinks Regulations 2008( 6 );

“relevant verification scheme” means the scheme for obtaining verification published by the Commissioners in relation to a relevant spirit drink, as amended from time to time;

“technical file” means a document which sets out the specifications with which a relevant spirit drink must comply as provided for under Article 17 of Regulation

“verification” means the decision of the Commissioners that a relevant spirit drink that is to be placed on the market using a geographical indication registered in Annex III to Regulation production processes specified in the technical file relating to that geographical indication before it is placed on the market; and “verify” shall be construed accordingly.

Application for verification

3. —(1) The Commissioners shall publish a relevant verification scheme for each relevant spirit drink.

(2) A producer may apply to the Commissioners for verification of one or more production processes required to create a relevant spirit drink.

(3) An application under paragraph (1) must be made by an approved method of communication.

(4) An application under this regulation must contain the particulars specified in the relevant verification scheme.

(5) Only producers who have—

(a) obtained verification of the production processes required to create a relevant spirit drink, and

(b) paid the appropriate charge under regulation 5 or 6,

may produce and market a relevant spirit drink.

Costs of verification

4. —(1) Where an application is made under regulation 3, the Commissioners—

(a) shall impose charges where verification is obtained;

(b) may impose charges where verification is not obtained.

(2) The liability to charges under paragraph (1) arises on the making of an application under regulation 3.

Payment of charges to the Commissioners

5. —(1) Payment to the Commissioners of the charges due under regulation 4 must be made by or on behalf of the producer within the time specified in the relevant verification scheme.

(2) The Commissioners shall determine charges with the aim of cost recovery on a financial year basis for each verification scheme and shall specify the details of those charges in the relevant verification scheme.

(3) Charges levied under regulation 4 must not exceed such amount as the Commissioners consider will enable them to meet any expenses reasonably incurred by them in carrying out the verification.

(4) Payment under paragraph (1) must be made by an approved method of communication.

Agents

6. —(1) The Commissioners may authorise agents to carry out the inspection of production processes and production facilities on their behalf for the purposes of obtaining verification.

(2) An agent who carries out an inspection under paragraph (1) shall notify the Commissioners of the results of the inspection and the Commissioners may base their decision whether or not to verify on the results of that inspection.

(3) Where an agent has carried out an inspection under paragraph (1), the agent may recover the costs of that inspection from the producer.

(4) Costs recovered under paragraph (3) must not exceed such amount as the Commissioners consider will enable the agent to meet any expenses reasonably incurred in carrying out the inspection.

(5) The Commissioners may recover from the producer the fees paid by them in respect of an inspection under paragraph (1).

Review

7. —(1) Before the end of each review period, the Commissioners must—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Commissioners must, so far as is reasonable, have regard to how Article 22 of Regulation (EC) No 110/2008

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) “Review period” means—

(a) the period of five years beginning with the day on which these Regulations come into force, and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.