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The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

Type Statutory-Instrument

Publication 2020-12-29

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

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Made: at 1.10 p.m. on 29th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred:in relation to Part 2, and Part 1 so far as it relates to Part 2, by section 2(2) of the European Communities Act 1972 ;otherwise, by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .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 relation to:the common agricultural policy of the European Union ;food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink ;intellectual property (including both registered and unregistered rights) .

The Secretary of State makes these Regulations in exercise of the powers conferred:

in relation to Part 2, and Part 1 so far as it relates to Part 2, by section 2(2) of the European Communities Act 1972 ;

otherwise, by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

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 relation to:

the common agricultural policy of the European Union ;

food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink ;

intellectual property (including both registered and unregistered rights) .

In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation, commencement and extent

1

(1) These Regulations may be cited as the Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020.

(2) Subject to paragraphs (3) and (4), an amendment or revocation made by these Regulations has the same extent as the provision being amended or revoked.

(3) Regulations 10 to 12 extend to Great Britain.

(4) Regulations 13 to 15 extend to Northern Ireland.

(5) This regulation and regulation 2 come into force—

(a) on the 21st day after the day on which these Regulations are made, or

(b) if earlier, immediately before IP completion day.

(6) Part 3 comes into force immediately before IP completion day.

(7) Except as provided for in paragraphs (5) and (6), these Regulations come into force on IP completion day.

PART 2 — Amendment of subordinate legislation: amendments coming into force in accordance with regulation 1(5)

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

2

(1) The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows.

(2) In regulation 2(2), for the definition of “Regulation 1151/2012” substitute—

Regulation 1151/2012” means Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs ;

(3) In regulation 3(2)(a) (the competent authority etc.) omit “38,”.

(4) Omit regulation 5 (delegation to control bodies).

PART 3 — Amendment of subordinate legislation: amendments coming into force immediately before IP completion day

The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

3

In the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 , in Schedule 5, after paragraph 7(1) insert—

(1A) Sub-paragraph 1 does not apply to an application to register a trade mark that was pending immediately before the coming into force of these Regulations referred to in— (a) Article 14a of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs , or that Article as applied by Article 14d of that Regulation ; (b) Article 102a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products , or that Article as applied by Article 102d of that Regulation ; (c) Article 19a of Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products , or that Article as applied by Article 19d of that Regulation ; (d) Article 32a of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation , or that Article as applied by Article 32d of that Regulation .

The Food and Farming (Amendment) (EU Exit) Regulations 2019

4

In the Food and Farming (Amendment) (EU Exit) Regulations 2019 omit regulations 2 to 4 and 6 to 8 and the Schedule.

The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

5

In the Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 omit regulations 3, 5 and 6.

The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019

6

In the Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019 omit regulations 2 to 10 and 12 to 14 and Schedules 1 to 6.

PART 4 — Amendment of subordinate legislation: amendments coming into force on IP completion day

CHAPTER 1 — Amendment of subordinate legislation extending to the United Kingdom

The Spirit Drinks Regulations 2008

7

(1) The Spirit Drinks Regulations 2008 are amended as follows.

(2) Omit regulation 2 and Schedule 1.

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

8

(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 are amended as follows.

(2) In rule 22—

(a) in paragraph (6)—

(i) after sub-paragraph (g), insert—

(h) in an appeal against an agricultural product or foodstuff decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as incorporated into domestic law by section 3(1) of the EUWA; (i) in an appeal against an aromatised wine decision, within 28 days beginning with the day on which on which notice of the decision is published by the Secretary of State under Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products as incorporated into domestic law by section 3(1) of the EUWA;

(ii) after sub-paragraph (j) insert—

(k) in an appeal against a spirit drink decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages as incorporated into domestic law by section 3(1) of the EUWA; (l) in an appeal against a traditional term wine decision, within 28 days beginning with the day on which notice of the decision is published by the Secretary of State under Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation as incorporated into domestic law by section 3(1) of the EUWA.

(b) after paragraph (6) insert—

(7) In this rule— - “agricultural product or foodstuff decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B to Regulation (EU) No 1151/2012 of the European Parliament and of the Council ; - “aromatised wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex 2B to Regulation (EU) No 251/2014 of the European Parliament and of the Council ; - “EUWA” means the European Union (Withdrawal) Act 2018; - “spirit drink decision” means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council ; - “traditional term wine decision” means a decision of the Secretary of State specified in column 1 of the table in Annex A2 to Commission Delegated Regulation (EU) 2019/33 .

The Wine Regulations 2011

9

(1) The Wine Regulations 2011 are amended as follows.

(2) In regulation 1(3) omit the words from “, and” to the end.

(3) Omit regulation 20.

CHAPTER 2 — Amendment of subordinate legislation so far as it extends to Great Britain

The Spirit Drinks Regulations 2008

10

(1) The Spirit Drinks Regulations 2008 are amended as follows.

(2) In regulation 1—

(a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

(b) number the existing paragraph as paragraph (1);

(2) They extend to Great Britain.

(3) In regulation 3(1)—

(a) in the definition of “food authority” omit sub-paragraph (b);

(b) in the definition of “registered geographical indication”, for the words from “Annex” to “any” substitute “ the ”;

(a) in relation to England and Wales, a magistrates' court; (b) in relation to Scotland, a sheriff;

(4) In regulation 5—

(a) in paragraph (1)—

(i) after “responsible” insert “ in Great Britain ”;

(ii) after “market”, in both places it occurs, insert “ in Great Britain ”;

(iii) for “technical file (if any)” substitute “ GB product specification ”.

(5) In regulation 6—

(a) in paragraph (1) omit “Article 24(1) of”;

(b) in paragraph (2)—

(i) omit “Article 24(1) of”;

(ii) for the words from “being” to the end substitute—

being— (a) imported into, or exported from, Great Britain; (b) moved into Great Britain from Northern Ireland; (c) moved from Great Britain into Northern Ireland

(6) In regulation 7(2), for the words from “being” to the end substitute—

being— (a) imported into, or exported from Great Britain; (b) moved into Great Britain from Northern Ireland; (c) moved from Great Britain into Northern Ireland

(7) In regulation 10—

(a) for paragraph (2) substitute—

(2) The authorised officer may take with them such other person as they consider necessary.

(b) omit paragraph (14);

(15) In this regulation, a reference to a justice of the peace includes, in Scotland, a reference to the sheriff.

(8) For regulation 12(16) substitute—

(16) The procedure in a magistrates' court under this regulation is by way of complaint, and, in England and Wales, the Magistrates' Courts Act 1980 applies to the proceedings.

(9) For regulation 14(2) substitute—

(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint, and in England and Wales, the Magistrates' Courts Act 1980 applies to the proceedings.

The Wine Regulations 2011

11

(1) The Wine Regulations 2011 are amended as follows.

(2) For any reference to “European Regulations” substitute “ retained EU Regulations ”.

(3) After regulation 1(3) insert—

(4) All the other provisions extend to Great Britain.

(4) In regulation 2—

(a) in paragraph (1)(a), for “EU instruments” substitute “ any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2) ”;

(b) in paragraph (2)—

(i) in the definition of “the Agency”, in sub-paragraph (a), for “, Wales and Northern Ireland” substitute “ and Wales ”;

(ii) omit the definition of “premises” and after the definition of “authorised officer” insert—

“premises” includes any land or vehicle;

(5) In regulation 3—

(a) for paragraph (1) substitute—

(1) The local authority enforces the retained EU Regulations and the 1416/2006 prohibition in relation to retail sale.

(b) omit paragraphs (4) and (8).

(10) In this regulation— (a) “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 ; (b) “local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 .

(6) In regulation 4—

(a) in paragraph (1)—

(i) at the beginning insert “ In respect of Great Britain, ”;

(ii) omit “, and acts as the Member State for,”;

(b) in paragraph (2)—

(i) in sub-paragraph (a)(i) omit “or Member State”;

(ii) omit sub-paragraph (b);

(7) For regulation 8(4) substitute—

(4) An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.

(8) In regulation 9—

(a) in paragraph (1), in the words before sub-paragraph (a) omit the words from “or in Northern” to “writing,”;

(b) for paragraph (5) substitute—

(5) In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.

(9) In regulation 16(2) omit sub-paragraph (d).

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

12

(1) The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows.

(2) In regulation 1—

(a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

(b) number the existing paragraph as paragraph (1);

(2) The following provisions extend to Great Britain— (a) this Part and Parts 2 to 4; (b) regulations 22 and 23.

(3) In regulation 2(1)(b), for “in regulation 3(2)(c)(iv)” substitute “ where otherwise specified ”.

(4) For regulation 3(2) substitute—

(2) The Secretary of State is responsible for exercising the functions of the designated authority for the purposes of Articles 13(3), 24(2) and 34.

(5) For regulation 6(4) substitute—

(4) For the purposes of these Regulations any authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 is eligible for appointment as an enforcement authority.

(6) In regulation 10—

(a) in paragraph (4)—

(i) for the first comma substitute “ or ”;

(ii) omit “or lay magistrate in Northern Ireland”;

(iii) for “, sheriff or lay magistrate,” substitute “ or sheriff ”;

(b) for paragraph (8)(a) substitute—

(a) be accompanied by such other persons as the authorised officer considers necessary;

(7) In regulation 12—

(a) in paragraph (1)—

(i) for sub-paragraph (a) substitute—

(a) has marketed, or is marketing or intending to market, a product— (i) under a registered PDO or PGI which has not been labelled in a way described in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014 , or (ii) under a registered TSG which has not been labelled in a way described in Article 23 of Regulation 1151/2012 as read with Article 25(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014;

(ii) in sub-paragraph (j), for the words from “or (3)” to “2 of” substitute “ to (3) of Regulation 668/2014 as read with Article 2 of, and the Annex to, ”;

(b) in paragraph (2)(e), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

(8) In regulation 13—

(a) in paragraph (3)(e), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

(b) in paragraph (4), for “to 17” substitute “ and 16 ”.

(9) In regulation 14—

(a) in paragraph (4)(c)(i), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

(b) in paragraph (5), for “to 17” substitute “ and 16 ”.

(10) Omit regulation 17.

(11) In regulation 20, in the words before sub-paragraph (a), for “to 17” substitute “ and 16 ”.

(12) Omit regulation 21.

(13) In regulation 22—

(a) in paragraph (1)—

(i) in sub-paragraph (a), after “years” insert “ in Great Britain ”;

(ii) in sub-paragraph (b), for “national opposition procedure” substitute “ opposition procedure referred to in Article 51 ”;

(b) in paragraph (2), for the words from “Secretary” to the end substitute “ registration takes effect ”.

CHAPTER 3 — Amendment of subordinate legislation so far as it extends to Northern Ireland

The Spirit Drinks Regulations 2008

13

(1) The Spirit Drinks Regulations 2008 are amended as follows.

(2) For “relevant court”, in each place it occurs, substitute “magistrates' court”.

(3) In regulation 1—

(a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

(b) number the existing paragraph as paragraph (1);

(2) They extend to Northern Ireland.

(4) In regulation 3—

(a) for the definition of “food authority” substitute—

“food authority” means a district council;

(b) for the definition of “port health authority” substitute—

“port health authority” means, in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 , the port health authority for that district;

(5) In regulation 5(1) insert “ in Northern Ireland ” after—

(a) “responsible”;

(b) “market” in both places it occurs.

(6) In regulation 6—

(a) in paragraph (2), for the words from “being” to the end substitute—

being— (a) imported into, or exported from, Northern Ireland; (b) moved from Northern Ireland into Great Britain; (c) moved into Northern Ireland from Great Britain

(b) in paragraph (4), for the words from “being” to the end substitute—

being— (a) imported into, or exported from, Northern Ireland; (b) moved from Northern Ireland into Great Britain; (c) moved into Northern Ireland from Great Britain

(7) In regulation 7(2), for the words from “being” to the end substitute—

being— (a) imported into, or exported from Northern Ireland; (b) moved from Northern Ireland into Great Britain; (c) moved into Northern Ireland from Great Britain

(8) In regulation 10—

(a) for paragraph (2) substitute—

(2) The authorised officer may take with them such other person as they consider necessary.

(b) in paragraph (5), for “justice of the peace” substitute “ lay magistrate ”;

(9) In regulation 12—

(a) for paragraph (16) substitute—

(16) The procedure in a magistrates' court under this regulation is by way of complaint, and the Magistrates' Courts (Northern Ireland) Order 1981 applies to the proceedings.

(b) omit paragraph (17).

(10) In regulation 14—

(a) for paragraph (2) substitute—

(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint, and the Magistrates' Courts (Northern Ireland) Order 1981 applies to the proceedings.

(b) omit paragraph (3).

(11) Omit regulation 30(9).

The Wine Regulations 2011

14

(1) The Wine Regulations 2011 are amended as follows.

(2) After regulation 1(3) insert—

(4) All the other provisions extend to Northern Ireland.

(3) In regulation 2(2), for the definition of “the Agency” substitute—

“the Agency” means the Food Standards Agency;

(4) In regulation 3—

(a) for paragraph (1) substitute—

(1) The local authority enforces the European Regulations and the 1416/2006 prohibition in relation to retail sale.

(b) in paragraph (2), for “Secretary of State” substitute “ Department of Agriculture, Environment and Rural Affairs ”;

(d) insert as paragraph (10)—

(10) In this regulation— (a) “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 ; (b) “local authority” means a district council within the meaning of the Interpretation Act (Northern Ireland) 1954 .

(5) In regulation 4—

(a) in paragraph (1)—

(i) at the beginning insert “ In respect of Northern Ireland, ”;

(ii) for “as the” substitute “ as if a ”;

(b) omit paragraph (3).

(6) Omit regulation 6.

(7) For regulation 8(4) substitute—

(4) An authorised officer entering any premises by virtue of this regulation or regulation 9 may be accompanied by such other person as the officer considers necessary.

(8) In regulation 9(1)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for the words from “justice” to “Ireland” substitute “ lay magistrate ”;

(ii) in the words after sub-paragraph (b), for “justice” substitute “ magistrate ”;

(b) omit paragraph (5).

(9) In regulation 16(2) omit sub-paragraphs (b) and (c).

(10) Omit Schedules 1 and 2.

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

15

(1) The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows.

(2) In regulation 1—

(a) in the heading, for “and commencement” substitute “ , commencement and extent ”;

(b) number the existing paragraph as paragraph (1);

(2) The following provisions extend to Northern Ireland— (a) this Part and Parts 2 to 4; (b) regulations 21 to 23.

(3) In regulation 3(2)—

(a) at the beginning insert “ As regards Northern Ireland, ”;

(b) in sub-paragraph (c)(ii) omit “, as read with Article 15”.

(4) For regulation 6(4) substitute—

(4) For the purposes of these Regulations any district council within the meaning of the Interpretation Act (Northern Ireland) 1954 is eligible for appointment as an enforcement authority.

(5) In regulation 10—

(a) in paragraph (4), in the words before sub-paragraph (a), omit—

(i) the words from “justice of the peace in England” to “Scotland or”;

(ii) “justice, sheriff or”;

(b) for paragraph (8)(a) substitute—

(a) be accompanied by such other persons as the authorised officer considers necessary;

(6) In regulation 12—

(a) in paragraph (2)(e) omit “15, 16, or as the case may be,”;

(b) in paragraph (3), for “regulations 15 to” substitute “ regulation ”.

(7) In regulation 13—

(a) in paragraph (3)(e) omit “15, 16, or as the case may be,”;

(b) in paragraph (4), for “regulations 15 to” substitute “ regulation ”.

(8) In regulation 14—

(a) in paragraph (4)(c)(i) omit “15, 16 or, as the case may be,”;

(b) in paragraph (5) for “regulations 15 to” substitute “ regulation ”.

(9) Omit regulations 15 and 16.

(10) In regulation 20, in the words before sub-paragraph (a), for “regulations 15 to” substitute “ regulation ”.

(11) In regulation 22(1)(a), after “years” insert “ in Northern Ireland ”.

(12) In regulation 23(4) omit “other”.

PART 5 — Amendment of retained direct EU legislation

Commission Regulation (EC) No 2870/2000

16

(1) Commission Regulation (EC) No 2870/2000 laying down Community reference methods for the analysis of spirits drinks is amended as follows.

(2) In Article 1, in the words before the first indent—

(a) omit “Community”;

(b) for the words from “Regulation (EEC) No 1576/89 ” to “1014/90” substitute “ Regulation 110/2008 ”.

(3) In Article 3—

(a) number the existing paragraph as paragraph 1;

(b) in paragraph 1 (as numbered by sub-paragraph (a)), in the words before point (a)—

(i) omit “Community”;

(ii) after “down” insert “ in retained EU law ”;

(c) in point (a), for “the Annex to Directive 85/591/EEC” substitute “ Annex 3 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ”;

(d) in point (d), for the first indent substitute—

— in relation to an official control being carried out in an individual case, an analytical method approved by the appropriate authority by administrative decision,

(e) after paragraph 1 (as numbered by sub-paragraph (a)) insert—

(2) In this Article: (a) regardless of where the analysis itself is carried out, ‘the appropriate authority’ means: (i) in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in England, the Secretary of State; (ii) in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in Scotland, the Scottish Ministers; (iii) in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in Wales, the Welsh Ministers; (b) ‘retained EU law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland.

(4) In Article 4, after point (c) insert—

(d) ‘Regulation 110/2008’: means 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.

(5) After Article 5 omit the words from “This Regulation” to “States.”.

(6) In the Annex—

(a) in Chapter 3 (determination of volatile substances and methanol of spirit drinks), in Part 3.1 (general remarks)—

(i) in paragraph 1, in the words before point 1, for “Regulation (EEC) No 1576/89” substitute “ Regulation 110/2008 ”;

(ii) in paragraph 2, in the second subparagraph, for “Regulation (EEC) No 1576/89” substitute “ Regulation 110/2008 ”;

(b) in Chapter 6 (determination of glycyrrhizic acid using high performance liquid chromatography), in paragraph 1, for “Regulation (EEC) No 1576/89” substitute “ Regulation 110/2008 ”;

(c) in Chapter 7 (high-performance liquid chromatography method for verifying the presence of chalcones in pastis), in paragraph 1, in the second subparagraph, for “Regulation (EEC) No 1576/89” substitute “ Regulation 110/2008 ”.

Regulation (EC) No 110/2008 of the European Parliament and of the Council

17

(1) 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 is amended as follows.

(2) In Article 1—

(a) in paragraph 2—

(i) for “the Community”, in the first place it occurs, substitute “ Great Britain ”;

(ii) for “the Community”, in the second place it occurs, substitute “ Great Britain, Northern Ireland ”;

(iii) for “the Community for export” substitute “ Great Britain for movement to Northern Ireland or export to a third country ”;

(b) in paragraph 3—

(i) after “where” insert “ a spirit drink is being moved to Northern Ireland, or exported to a third country, and the law that applies in Northern Ireland, or ”;

(ii) after “importing third country” insert “ , as the case may be, ”;

(iii) for the words from “the regulatory” to the end substitute “ paragraphs 4 to 6 ”;

(4) A derogation may be granted: (a) by regulations, or (b) on application, by administrative decision, where regulations have not been made or where regulations have been made but do not apply in a particular case. (5) An application of the type referred to in paragraph 4(b) may be made: (a) to the Secretary of State, in the case of an operator intending to: (i) export a consignment of a spirit drink from England to a relevant third country; (ii) move a consignment of a spirit drink from England to Northern Ireland; (b) to the Scottish Ministers, in the case of an operator intending to: (i) export a consignment of a spirit drink from Scotland to a relevant third country; (ii) move a consignment of a spirit drink from Scotland to Northern Ireland; (c) to the Welsh Ministers, in the case of an operator intending to: (i) export a consignment of a spirit drink from Wales to a relevant third country; (ii) move a consignment of a spirit drink from Wales to Northern Ireland. (6) An application of the type referred to in paragraph 4(b) must be made in relation to one type of spirit drink and on a consignment by consignment basis. (7) In this Article— (a) ‘consignment’ means a quantity of one type of spirit drink covered by a single document required for customs formalities and may be composed of more than one lot; (b) ‘lot’ has the meaning given in regulation 2 of the Food (Lot Marking) Regulations 1996 , as it extends to Great Britain; (c) ‘relevant third country’ means a third country of the type referred to in paragraph 3.

(3) After Article 2 insert—

In this Regulation, ‘third country’ means a country, other than the United Kingdom, and includes: (a) the Bailiwick of Guernsey; (b) the Bailiwick of Jersey; (c) the Isle of Man.

(4) In Article 5—

(a) in paragraph 1(e), for the words from “shall be decided” to the end substitute “ may be specified in regulations ”;

(b) in paragraph 2(e) omit the words from “and taking” to the end.

(5) Omit Article 6.

(6) In Article 7, after the existing paragraph insert—

In this Chapter, ‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages.

(7) In Article 8, for “Article 5 of Directive 2000/13/EC ” substitute “ Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ”.

(8) In Article 9—

(a) in paragraph 4, for “Annex III” substitute “ Great Britain's GIs Register ”;

(b) in paragraph 5—

(i) for “Annex III” substitute “ Great Britain's GIs Register ”;

(ii) after “Chapter III” insert “ of Regulation (EU) 2019/787 ”;

(i) in the words before point (a), for “Annex III” substitute “ Great Britain's GIs Register ”;

(ii) in point (a) omit “within the meaning of Article 20”;

(iii) in point (b), for “Article 17(1)” substitute “ paragraph 1 of Article 22 of Regulation (EU) 2019/787, as read with paragraph 2 of that Article ”;

(d) in paragraph 7, for “Annex III” substitute “ Great Britain's GIs Register ”;

(e) in paragraph 9, for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”;

(f) after paragraph 9 insert—

(10) In this Article, ‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) of Regulation (EU) 2019/787 to which Article 54(2) of the EU withdrawal agreement applies.

(9) In Article 10—

(a) in paragraph 1—

(i) for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”;

(ii) for “Annex III” substitute “ Great Britain's GIs Register ”;

(b) in paragraph 4 omit “in the Community”.

(10) In Article 11(4), in the first subparagraph, for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”.

(11) In Article 12(3)—

(a) omit the words from the beginning to “25(3),”;

(b) at the end insert as a new sentence—

Regulations may specify derogations in respect of this requirement.

(12) In Article 14—

(a) in paragraph 2, for “Annex III” substitute “ Great Britain's GIs Register ”;

(b) in paragraph 4, for “the Community” substitute “ Great Britain ”.

(13) Omit Articles 17(2) , 20 and 24.

(14) For Article 25 substitute the new Articles 25 to 25c in Schedule 1.

(15) For Article 26 substitute—

Annexes 1 and 2 may be amended by regulations.

(16) For Article 27 substitute—

(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.

(17) In Article 28—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for the words from the beginning to “adopted” substitute “ Regulations may be made ”;

(ii) omit “Community”;

(i) omit the first sentence;

(ii) in the second sentence, for “prior to 20 February 2008 or until” substitute “ as it had effect in Great Britain immediately before ”.

(18) After Article 30 omit the words from “This Regulation” to “States.”.

(19) In Annex 1—

(a) in point (6)—

(i) in the first paragraph, for the words from “Council Directive 80/777/EEC” to “consumption” substitute “ any relevant water quality legislation ”;

(ii) after the second paragraph insert—

In this point, ‘relevant water quality legislation’ means: (a) in relation to spirit drinks marketed in England: (i) the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 ; (ii) the Water Supply (Water Quality) Regulations 2016 ; (iii) the Private Water Supplies (England) Regulations 2016 ; (b) in relation to spirit drinks marketed in Scotland: (i) the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 ; (ii) the Public Water Supplies (Scotland) Regulations 2014 ; (iii) the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 ; (c) in relation to spirit drinks marketed in Wales: (i) the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ; (ii) the Private Water Supplies (Wales) Regulations 2017 ; (iii) the Water Supply (Water Quality) Regulations 2018 .

(b) in point (10), for the words from “colorants” to the end substitute “ colours, as defined in entry 2 of Annex 1 to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives ”.

(20) In Annex 2—

(a) in category 1—

(i) in point (a)(ii) for “Annex III” substitute “ Great Britain's GIs Register ”;

(ii) in point (f), for “in category 1 of Annex III” insert “ for rum in Great Britain's GIs Register ”;

(b) in category 9, in point (f), in the first subparagraph omit the second sentence;

(c) in category 15, in point (d), for “13(2) of Directive 2000/13/EC” substitute “ 13(1) of Regulation (EU) No 1169/2011 ”;

(d) in point (c) of each of categories 25, 26, 27, 28 and 29, for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “ 3(2)(c) and (d) of Regulation (EC) No 1334/2008 ”;

(e) in category 32, in point (d), in the first subparagraph, in the words before the first indent omit “produced in the Community”;

(f) in category 37, in point (c), for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “ 3(2)(c) and (d) of Regulation (EC) No 1334/2008 ”;

(g) in category 37a—

(i) in the second paragraph omit “Member State or third”;

(ii) after the second paragraph insert—

In the second paragraph, in relation to the United Kingdom, ‘country of the manufacture’ means the United Kingdom as a whole and does not mean England, Northern Ireland, Scotland or Wales individually.

(h) in point (c) of categories 42, 43, 45 and 46, for “1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC” substitute “ 3(2)(c) and (d) of Regulation (EC) No 1334/2008 ”;

(i) in the category headed “Other spirit drinks”—

(i) in the paragraph numbered 1 (Rum-Verschnitt), in the final sentence omit the words from “Where” to “market,”;

(ii) in the paragraph numbered 2 (Slivovice), in the third sentence omit the words from “If” to “Community,”.

(21) Omit Annex 3.

Regulation (EU) No 1151/2012 of the European Parliament and of the Council

18

(1) Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs is amended as follows.

(2) In Article 1—

(a) at the end of point (b) insert “ and ”;

(b) at the end of point (c) omit “and”;

(3) In Article 2—

(a) in paragraph 1, in the second subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2, for “Annex XIb to Regulation (EC) No 1234/2007 ” substitute “ Part 2 of Annex 7 to Regulation 1308/2013 ”;

(i) for “Union provisions” substitute “ provisions in retained EU law ”;

(ii) for “the single common organisation of the markets, and” substitute “ provisions in, or under, Regulation 1308/2013 and provisions relating ”;

(d) omit paragraph 4.

(4) In Article 3—

(a) in point (6), for “Union” substitute “ United Kingdom ”;

(b) after point (8) insert the points in Part 1 of Schedule 2.

(5) After Article 3 insert the new Article 3a in Part 2 of Schedule 2.

(6) In Article 4(b), for “the Union” substitute “ Great Britain ”.

(7) In Article 5(4)—

(a) in the first subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(b) in the second subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”.

(8) In Article 7—

(a) in paragraph 1(e) omit the words from “, taking” to the end of that point;

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence.

(9) In Article 8—

(a) in paragraph 1, in the words before point (a), for “49(2) or (5)” substitute “ 49 ”;

(b) omit paragraph 2.

(10) Omit Article 9.

(11) In Article 10—

(a) in paragraph 1, in the words before point (a), for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2, for “the Union” substitute “ Great Britain, except that, in relation to paragraph 1(d), the grounds for opposition must be assessed in relation to the territory of the United Kingdom ”.

(12) In Article 11—

(a) in paragraph 1, for the words from “Commission” to “maintaining” substitute “ Secretary of State must establish and maintain ”;

(b) in paragraph 2—

(i) for “the Union”, in the first place it occurs, substitute “ Great Britain ”;

(ii) for “Union”, in the second place it occurs, substitute “ United Kingdom ”;

(iii) at the end insert—

The entry in the register is to be treated as taking effect: (a) in a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is in the register as established during that period, on IP completion day; (b) in any other case, immediately the entry is made.

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the second sentence;

(d) in paragraph 4, for “Commission” substitute “ Secretary of State ”.

(13) In Article 12—

(a) in paragraph 2 omit “Union”;

(b) in paragraph 3—

(i) for “the Union”, in the first place it occurs, substitute “ Great Britain ”;

(ii) after “that are marketed” insert “ in Great Britain ”;

(iii) for the words from “registered in” to “Regulation” substitute “ to which paragraph 3a applies ”;

(iv) omit “Union” in the second place it occurs;

(3a) This paragraph applies to: (a) an established protected designation of origin and an established protected geographical indication; (b) a protected designation of origin and a protected geographical indication registered following a decision made by the Secretary of State under Article 52 in relation to an application made under Article 49(2).

(d) in paragraph 4, for the words from “Member State” to the end substitute “ United Kingdom or the third country, or region, as relevant, in which that geographical area of origin is located ”;

(e) in paragraph 5, for the words from “Directive 2000/13/EC” to “2008/95/EC ” substitute “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, the collective geographical marks registered under the TMA ”;

(f) in paragraph 6—

(i) after “originating in” insert “ Northern Ireland or ”;

(ii) omit “Union”;

(g) in paragraph 7—

(i) in the first subparagraph—

(aa) for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(bb) omit “Union”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit “Union”;

(cc) omit “, including rules concerning the appropriate linguistic versions to be used”;

(dd) omit the second sentence.

(14) In Article 13(3)—

(a) in the first subparagraph—

(i) for “Member States” substitute “ The designated authority ”;

(ii) for “that Member State” substitute “ Great Britain ”;

(b) omit the second subparagraph;

(15) In Article 14—

(a) in paragraph 1—

(i) in the first subparagraph, for “Commission” substitute “ Secretary of State ”;

(ii) in the third subparagraph, for “Directive 2008/95/EC” substitute “ the TMA ”;

(b) in paragraph 2, in the first sentence—

(i) omit the words from “if” to “concerned”;

(ii) for “Union” substitute “ United Kingdom ”;

(iii) for “Commission” substitute “ Secretary of State ”;

(iv) for the words from “under Council” to “2008/95/EC” substitute “ in, or under, the TMA ”.

(16) After Article 14 insert the new Articles 14a and 14b in Part 3 of Schedule 2.

(17) In Article 15—

(a) in paragraph 1—

(i) in the first subparagraph, in the words before point (a)—

(aa) for the words from “Commission” to “years” substitute “ Secretary of State may, by regulations, make provision for a transitional period of up to five years to apply ”;

(bb) omit “originating in a Member State or a third country”;

(cc) for “on condition” substitute “ if the Secretary of State is satisfied ”;

(dd) omit “Article 49(3) or”;

(ii) omit the second subparagraph;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) in the words before point (a), for the words from “the Commission” to “shown” substitute “ an application may be made to the Secretary of State to extend the transitional period mentioned in paragraph 1 to 15 years in duly justified cases and the Secretary of State may, by regulations, make provision for such a transitional provision if the Secretary of State is satisfied ”;

(bb) in point (a), for “Commission” substitute “ Secretary of State ”;

(ii) omit the second subparagraph;

(i) in the first subparagraph—

(aa) for the words from “a Member State may” to “10 years” substitute “ nothing in this Regulation prevents the Secretary of State from using any power the Secretary of State has to make regulations to provide for a transitional period of up to 10 years to apply ”;

(bb) for “Commission” substitute “ Secretary of State ”;

(cc) omit “to the authorities of the Member State”;

(dd) omit “national”;

(ee) for “49(3)” substitute “ 51 ”;

(ii) in the third subparagraph, for “dossier referred to in Article 8(2)” substitute “ submitted under Article 8(1) ”.

(18) In Article 16—

(a) in paragraph 1—

(i) in the first sentence, for the words from the beginning to “entered in”, in the second place it occurs, substitute “ The Secretary of State must enter the names of established protected designations of origin and established protected geographical indications in ”;

(ii) after the first sentence insert—

The entries are to be treated as taking effect on IP completion day.

(iii) in the last sentence, after “such registrations” insert “ under EU Regulation 1151/2012 , as they stood immediately before IP completion day, ”;

(b) in paragraph 2, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(i) at the beginning insert “ In relation to established protected designations of origin and established protected geographical indications, ”;

(ii) after “Regulation (EC) No 510/2006 ” insert “ , as that Regulation had effect in Great Britain immediately before it was repealed by EU Regulation 1151/2012, ”;

(d) after paragraph 3 insert—

(4) Article 12(3) (which requires that the symbol associated with the marketing in Great Britain of a product originating in Great Britain must appear on the labelling of certain products) is disapplied in respect of a product to which it would otherwise apply, for a period of three years, beginning with the day after the day on which IP completion day falls, on condition that the product concerned is marketed under an established protected designation of origin or an established protected geographical indication. (5) In paragraph 1, in relation to an established protected designation of origin and an established protected geographical indication, ‘corresponding specifications’ means the product specification for the relevant designation of origin or geographical indication as the specification stood immediately before IP completion day.

(19) In Article 18—

(a) in paragraph 3 omit “Member State or in a third”;

(b) in paragraph 4, for “Union legislation” substitute “ retained EU law ”;

(20) In Article 19—

(a) in paragraph 1(a) omit “, in the appropriate language versions”;

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence.

(21) In Article 20—

(a) in paragraph 1, in the words before point (a) omit “(2) or (5)”;

(b) omit paragraph 2.

(22) In Article 21—

(a) in paragraph 1, in the words before point (a), for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2, for “the Union” substitute “ Great Britain ”.

(23) In Article 22—

(a) in paragraph 1, for the words from “Commission” to “maintaining” substitute “ Secretary of State must establish and maintain ”;

(b) in paragraph 2—

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the second sentence.

(24) In Article 23—

(a) in paragraph 2 omit “Union”;

(b) in paragraph 3—

(i) in the first subparagraph—

(aa) for “the Union” substitute “ Great Britain ”;

(bb) after “that are marketed” insert “ in Great Britain ”;

(cc) for the words from “that is” to “Regulation” substitute “ to which paragraph 3a applies ”;

(ii) in the second subparagraph, for “the Union” substitute “ Great Britain ”;

(3a) This paragraph applies to: (a) an established protected traditional speciality guaranteed; (b) a traditional speciality guaranteed registered following a decision made by the Secretary of State under Article 52 in relation to an application made under Article 49(2).

(d) in paragraph 4—

(i) in the first subparagraph—

(aa) for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(bb) omit “Union”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit “Union”;

(cc) omit the words from “, including” to the end.

(25) In Article 24—

(a) in paragraph 2—

(i) for “Member States” substitute “ The designated authority ”;

(ii) for “at national level” substitute “ in Great Britain ”;

(b) in paragraph 3—

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the second sentence.

(26) In Article 25—

(a) in paragraph 1—

(i) in the first sentence, for the words from the beginning to “entered in” substitute “ The Secretary of State must enter the names of established protected traditional specialities guaranteed in ”;

(ii) after the first sentence insert—

The entries are to be treated as taking effect on IP completion day.

(iii) in the last sentence, after “such registrations” insert “ under EU Regulation 1151/2012 as it had effect in Great Britain immediately before IP completion day ”;

(b) in paragraph 2—

(i) for the words from the beginning to “Regulation,” substitute “ An unreserved TSG name ”;

(ii) omit the words from “unless” to the end;

(iii) insert as the second and third subparagraphs—

When the Secretary of State records an entry relating to the name on Great Britain's TSGs Register under paragraph 1, the Secretary of State must include a statement that the name may continue to be used as a traditional speciality guaranteed until 4 January 2023. The Secretary of State must remove the entry relating to the name from Great Britain's TSGs Register on, or as soon as possible after, 4 January 2023, unless the second subparagraph of paragraph 2aapplies to the entry relating to that name in the meantime.

(2a) An application to register an unreserved TSG name may be made to the Secretary of State under Article 49 of this Regulation. If successful, the entry for the name in Great Britain's TSGs Register must be adjusted, as appropriate, and, following that adjustment, the entry in Great Britain's TSGs Register for that name applies without any time restriction.

(d) in paragraph 3—

(i) for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(ii) at the end insert “ relating to the entries to be made in the register referred to in Article 22 under paragraph 1 ”;

(e) after paragraph 3 insert—

(4) Article 23(3) (which requires that the symbol associated with the marketing in Great Britain of a product originating in Great Britain must appear on the labelling of certain products) is disapplied in respect of a product to which it would otherwise apply, for a period of three years, beginning with the day after the day on which IP completion day falls, if the product concerned is marketed under an established protected traditional speciality guaranteed. (5) In this Article— (a) in relation to an established protected traditional speciality guaranteed, ‘corresponding specifications’ means the product specification for the relevant traditional speciality guaranteed as the specification stood immediately before IP completion day; (b) ‘the European Commission's TSGs Register’ means the register maintained by the European Commission pursuant to Article 22 of EU Regulation 1151/2012; (c) ‘an unreserved TSG name’ means the name of a traditional speciality guaranteed that was registered on the European Commission's TSGs Register in accordance with the requirements laid down in Article 13(1) of Regulation (EC) No 509/2006, including a name registered pursuant to an application referred to in the second subparagraph of Article 58(1) of EU Regulation 1151/2012, before IP completion day, but does not include a name for which: (i) a successful application was made to the European Commission under Article 26 of EU Regulation 1151/2012 before IP completion day, and (ii) any necessary adjustment has been made to the entry for that name on the European Commission's TSGs Register pursuant to Article 26(4) of EU Regulation 1151/2012 before IP completion day.

(27) Omit Article 26.

(28) In Article 27, for “the internal market” substitute “ Great Britain ”.

(29) For Article 28 substitute—

(1) Nothing in this Regulation prevents the maintenance of any enactment in domestic legislation on optional quality terms that is not covered by this Regulation and is in force immediately before IP completion day, provided that the enactment is not contrary to retained EU law. (2) In paragraph 1: (a) ‘enactment in domestic legislation’ means an enactment contained in: (i) an Act or in an Order in Council, order, rules, regulations or other instrument made under an Act; (ii) an Act of the Scottish Parliament or in an instrument made under an Act of the Scottish Parliament; (iii) a Measure or Act of Senedd Cymru or in an instrument made under a Measure or Act of Senedd Cymru; (b) ‘maintenance’ includes repeal and replacement, and revocation and replacement, without, in both cases, any substantive modification of the provisions describing and regulating the use of the relevant optional quality term. (3) A modification of provisions relating to the enforcement of an enactment in domestic legislation on optional quality terms is not be to regarded as a modification of the enactment in domestic legislation on optional quality terms.

(30) In Article 29—

(a) in paragraph 1(c), for “European” substitute “ Great British ”;

(b) in paragraph 4, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the second sentence;

(d) in paragraph 6—

(i) for “adopting delegated and implementing acts” substitute “ making regulations ”;

(ii) for “Commission” substitute “ Secretary of State ”.

(31) In Article 30—

(a) in paragraph 1, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”.

(32) In Article 31—

(a) in paragraph 2—

(i) in the first sentence—

(aa) for “the Union” substitute “ Great Britain ”;

(bb) for “Article 18(1) of Regulation (EC) No 1257/1999 ”, in the first place it occurs, substitute “ Article 32(1)(a) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ”;

(ii) in the second sentence—

(aa) after “For” insert “ Northern Ireland and ”;

(bb) after “the” insert “ authorities in Northern Ireland or the relevant ”;

(cc) for “Article 18(1) of Regulation (EC) No 1257/1999”, in the second place it occurs, substitute “ Article 32(2) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council ”;

(b) in paragraph 3—

(i) for the words from “Commission”, in the first place it occurs, to “56,” substitute “ Secretary of State may make regulations ”;

(ii) for the words from “Commission”, in the second place it occurs, to “act” substitute “ Secretary of State may make regulations ”;

(33) Omit Article 32.

(34) In Article 33(2)—

(a) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(b) omit the second sentence.

(35) In Article 34, for “Member States” substitute “ The designated authority ”.

(36) In Article 37—

(a) in paragraph 1, in the second subparagraph, for “The Member States may also contribute” substitute “ Nothing in this Regulation prevents the Secretary of State from contributing ”;

(b) in paragraph 2—

(i) in the words before point (a), after “originating in” insert “ Northern Ireland or ”;

(ii) in point (a), after “by the” insert “ authorities in Northern Ireland or the relevant ”;

(i) for “Commission” substitute “ Secretary of State ”;

(ii) at the end insert “ , in such manner as appears appropriate to the Secretary of State from time to time ”;

(d) omit paragraph 4.

(37) In Article 39—

(a) in the heading, after “in” insert “ Northern Ireland and ”;

(b) in the paragraph, after “controls in” insert “ Northern Ireland or ”.

(38) In Article 40—

(a) in paragraph 1—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) for the words from “41” to the end substitute “ 109(1), 110(2) and 111(2) of Regulation (EU) 2017/625 ”;

(b) in paragraph 2, for “44 of Regulation (EC) No 882/2004 ” substitute “ 113(1) of Regulation (EU) 2017/625 ”.

(39) In Article 41—

(a) in paragraph 1—

(i) after “use” insert “ in Great Britain ”;

(ii) for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2(b) omit “national or Union”;

(d) after paragraph 3 insert—

(4) In this Article, ‘legal acts’ means legislation of the following kind whenever passed, made or adopted: (a) an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act; (b) Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement; (c) an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament; (d) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru; (e) retained direct EU legislation.

(40) In Article 42(2), for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”.

(41) In Article 43—

(a) for “Union rules or to those of Member States” substitute “ retained EU law and any other enactments ”;

(b) for “those rules” substitute “ that law and those enactments ”.

(42) In Article 44—

(a) omit paragraph 2;

(b) in paragraph 3—

(i) for “Commission shall adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the second sentence.

(43) In Article 45—

(a) in paragraph 1—

(i) in the words before point (a), for “Regulation (EC) No 1234/2007” substitute “ Regulation 1308/2013 ”;

(ii) in point (a), for the words from “competent authorities” to “other competent” substitute “ the competent authority or any designated ”;

(b) in paragraph 2—

(i) for “Member States”, in the first place it occurs, substitute “ The Secretary of State ”;

(ii) for “on their territories” substitute “ in Great Britain ”;

(iii) for the second and third sentences substitute—

The Secretary of State must publish the names and addresses of the groups referred to in Article 3(2) in such manner as appears appropriate to the Secretary of State from time to time.

(3) In this Article, ‘the competent authority’ means the person specified in regulation 3(1) of the Quality Schemes Regulations.

(44) In Article 46—

(a) in paragraph 1, for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 3, for “Member States” substitute “ The Secretary of State ”.

(45) In Article 47—

(a) for “(EC) No 882/2004” substitute “ (EU) 2017/625 ”;

(b) for “Member States may charge” substitute “ nothing in this Regulation prevents the Secretary of State from charging ”.

(46) In Article 49—

(a) in paragraph 1, in the first subparagraph omit “Member States or third”;

(b) in paragraph 2—

(i) in the first sub-paragraph—

(aa) for “a Member State”, in both places it occurs, substitute “ the United Kingdom ”;

(bb) for “addressed to the authorities of that Member State” substitute “ lodged with the Secretary of State ”;

(ii) omit the second sub-paragraph;

(d) in paragraph 5, for “Commission,” substitute “ Secretary of State ”;

(e) in paragraph 6, for “Commission” substitute “ Secretary of State ”;

(f) in paragraph 7—

(i) omit the first subparagraph;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence;

(g) after paragraph 7 insert—

(8) In relation to the reference to “different countries” in paragraph 1, the United Kingdom is to be regarded as being one country.

(47) In Article 50—

(a) in the heading, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(bb) for “that it receives” substitute “ received ”;

(ii) in the second subparagraph—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) after “public” insert “ , in such manner as appears appropriate to the Secretary of State from time to time, ”;

(cc) for “it” substitute “ the Secretary of State ”;

(i) in the words before point (a)—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(cc) for “the Official Journal of the European Union” substitute “ such manner as appears appropriate to the Secretary of State from time to time ”;

(ii) in point (a) omit “the reference to the publication of the”.

(48) In Article 51—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “in the Official Journal of the European Union” substitute “ of the documents published under Article 50(2) ”;

(bb) omit “of a Member State or”;

(cc) omit “and established in a third country”;

(dd) for “Commission” substitute “ Secretary of State ”;

(ii) omit the second subparagraph;

(iii) in the last subparagraph, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2, for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(c) in paragraph 3, in the first, second and third subparagraphs, for “Commission”, in each place it occurs, substitute “ Secretary of State ”;

(d) in paragraph 4, for “Commission” substitute “ Secretary of State ”;

(e) in paragraph 5, for “Commission” substitute “ Secretary of State ”;

(f) in paragraph 6—

(i) in the first subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence.

(49) In Article 52—

(a) in paragraph 1—

(i) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(ii) for “it shall adopt implementing acts rejecting” substitute “ the Secretary of State must reject ”;

(iii) omit the second sentence;

(b) in paragraph 2—

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for the words from “it” to “registering” substitute “ the Secretary of State must register ”;

(i) in the words before point (a)—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(ii) in point (a) omit the words from “by means” to “substantial”;

(iii) in point (b), for the words from “adopt” to the end substitute “ decide whether to register the name ”;

(d) for paragraph 4 substitute—

(4) After making a decision under this Article, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time: (a) a notice: (i) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and (ii) providing information about the right to appeal under Article 54a against the decision and the period within which an appeal may be made, and (b) where the application is approved, a copy of the approved product specification. (5) An implementing act to which paragraph 6 applies is revoked. (6) This paragraph applies to an implementing act adopted by the European Commission under Article 52 of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.

(50) After Article 52 insert the new Article 52a in Part 4 of Schedule 2.

(51) In Article 53—

(a) in paragraph 2, in the second subparagraph—

(i) for “Commission”, in both places it occurs, substitute “ Secretary of State ”;

(ii) for “the Official Journal of the European Union” substitute “ such manner as appears appropriate to the Secretary of State from time to time ”;

(b) in paragraph 3—

(i) in the first subparagraph, for the words from “Commission” to “56,” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence;

(4) An implementing act to which paragraph 5 applies is revoked. (5) This paragraph applies to an implementing act: (a) concerning a decision of the European Commission relating to an application to amend a product specification for a designation of origin, geographical indication or traditional speciality guaranteed protected in the European Union at the time the application was submitted, (b) adopted by the European Commission pursuant to Article 53(2) of EU Regulation 1151/2012 following the appropriate procedure referred to in that paragraph, and (c) incorporated into domestic law by section 3(1) of the EUWA.

(52) In Article 54—

(a) in paragraph 1—

(i) in the first subparagraph, in the words before point (a)—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “its” substitute “the Secretary of State's”;

(cc) for “adopt implementing acts to” substitute “ decide to ”;

(ii) in the second subparagraph, for “Commission” substitute “ Secretary of State ”;

(iii) omit the third subparagraph;

(b) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “56” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph—

(aa) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(bb) omit the second sentence;

(3) An implementing act to which paragraph 4 applies is revoked. (4) This paragraph applies to an implementing act adopted by the European Commission under Article 54(1) of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.

(53) After Title 5 insert the new Title 5A in Part 5 of Schedule 2.

(54) In Title 6 omit Chapter 1.

(55) For Article 56 substitute the Article in Part 6 of Schedule 2.

(56) Omit Article 57.

(57) In Article 58(1) omit the second subparagraph.

(58) In Article 59 omit the second paragraph.

(59) After Article 59 omit the words from “This Regulation” to “States.”.

(60) After Annex 1 insert the new Annexes 1A and 1B in Part 7 of Schedule 2.

Commission Implementing Regulation (EU) No 716/2013

19

In Commission Implementing Regulation (EU) No 716/2013 laying down rules for the application 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 , after Article 23 omit the words from “This Regulation” to “States.”.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council

20

(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended as follows.

(2) In Article 93, after paragraph 1 insert—

(1a) For the purpose of Articles 102a, 102c and 102d and Annex 9A: (za) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA ; (a) ‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication; (aa) ‘bridging arrangements’ has the meaning given in Article 102c(2)(b); (b) ‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly; (c) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union; (d) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect before IP completion day; (e) ‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104; (f) ‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls; (fa) ‘third country’ means— (i) for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than— (aa) any part of the British Islands, or (bb) any member State; (ii) for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands; (iii) for all other purposes, any country other than the United Kingdom, and includes: (aa) the Bailiwick of Guernsey; (bb) the Bailiwick of Jersey; (cc) the Isle of Man; (g) ‘the TMA’ means the Trade Marks Act 1994 ; (h) ‘the Types Table’ means the table in Part 3 of Annex 9A. (1b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After Article 93 insert the new Article 93a in Part 1 of Schedule 3.

(4) After Article 102 insert the new Articles 102a and 102b in Part 2 of Schedule 3.

(5) After Annex 9 insert the new Annex 9A in Part 3 of Schedule 3.

Regulation (EU) No 251/2014 of the European Parliament and of the Council

21

(1) Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products is amended as follows.

(2) In Article 1(3)—

(a) for “the Union”, in both places it occurs, substitute “ Great Britain ”;

(b) for “the Member States” substitute “ Great Britain, in Northern Ireland ”.

(3) In Article 2, after point (3) insert the new points (4) to (19) in Part 1 of Schedule 4.

(4) In Article 4—

(a) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “33” substitute “ Secretary of State may make regulations ”;

(ii) in the second subparagraph, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 3—

(i) in the first subparagraph—

(aa) for the words from “Commission” to “acts,” substitute “ Secretary of State may, by regulations, specify the ”;

(bb) omit the third sentence;

(ii) omit the second subparagraph.

(5) In Article 5(1), for “the Union” substitute “ Great Britain ”.

(6) In Article 7 omit “Member State or third”.

(7) Omit Article 9.

(8) In Chapter 3 insert, as the first Article in that Chapter, the new Article 9a in Part 2 of Schedule 4.

(9) In Article 10—

(a) in paragraph 2(f)—

(i) omit the words from “laid down” to “indication”;

(ii) for “Union”, in the second place it occurs, substitute “ retained EU ”;

(b) after paragraph 2 insert—

(3) In this Article: (a) ‘the applicable requirements’ means: (i) where the geographical area concerned is located in, or partly in, Great Britain, provisions in any enactment regulating the use of the geographical indication in Great Britain; (ii) where the geographical area concerned is located in, or partly in, Northern Ireland, requirements laid down in law regulating the use of the geographical indication in Northern Ireland, including, so far as it applies to Northern Ireland, any legislation that forms part of domestic law of Northern Ireland by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement; (iii) where the geographical area concerned is located in, or partly in, a third country: (aa) requirements laid down in law regulating the use of the geographical indication in the third country in which the relevant geographical area is located or partly located, and (bb) where they must be complied with in the third country in which the relevant geographical area is located, or partly located, provisions laid down by an organisation that manages the geographical indication regulating the use of the geographical indication in that country; (b) ‘enactment’ means the following legislation whenever passed or made: (i) an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland; (ii) retained direct EU legislation, except to the extent that it extends to Northern Ireland; (iii) an Act of the Scottish Parliament, and an enactment contained in an instrument made under an Act of the Scottish Parliament; (iv) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.

(10) In Article 11(2), for “Commission” substitute “ Secretary of State ”.

(11) Omit Article 13.

(12) Before Article 14 insert—

An application for the protection of a geographical indication for an aromatised wine product originating in the United Kingdom must be submitted to the Secretary of State.

(13) In Article 14—

(a) in the heading, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 1, for “Commission” substitute “ Secretary of State ”;

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for “referred to in Article 13(5)” substitute “ submitted to the Secretary of State ”;

(d) in paragraph 3—

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for the words from “it” to the end substitute “ the Secretary of State must publish the product specification referred to in Article 10(1)(c), and the single document referred to in Article 10(1)(d), in such manner as appears appropriate to the Secretary of State from time to time ”;

(e) in paragraph 4—

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