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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

Source legislation.gov.uk

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

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

(iii) for the second sentence substitute—

After making a decision to reject the application, the Secretary of State must publish a notice in such manner as appears appropriate to the Secretary of State from time to time: (a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and (b) providing information about the right to appeal under Article 25a against that decision and the period within which an appeal may be made.

(14) In Article 15, in the first paragraph—

(a) for the words from “Member State or” to “or in” substitute “ natural or legal person with a legitimate interest, or the authorities of ”;

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

(15) In Article 16—

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

(b) omit “, by means of implementing acts,”;

(d) omit the second sentence;

(e) after the existing paragraph insert—

After making a decision under the first paragraph, 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 25a against that 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.

(16) In Article 18—

(a) in paragraph 1—

(i) in the second subparagraph, for “Union” substitute “ United Kingdom ”;

(ii) in the third subparagraph—

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

(bb) in point (b) omit “Union or national”;

(b) after paragraph 2 insert—

(3) In this Article, ‘the relevant law’ means the following legislation whenever passed or made: (a) an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act; (b) retained direct EU legislation; (c) 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; (d) an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament; (e) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.

(17) In Article 19—

(a) in paragraph 1, in the first subparagraph, for “Commission” substitute “ Secretary of State ”;

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

(i) for the words from “if” to “Union” substitute “ in the United Kingdom ”;

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

(iii) for the words from “by the Directive” to the end substitute “ in, or under, the TMA ”.

(18) After Article 19 insert the new Articles 19a and 19b in Part 3 of Schedule 4.

(19) In Article 20—

(a) in paragraph 3, for “the Union” substitute “ Great Britain ”;

(b) omit paragraph 4.

(20) In Article 21—

(a) number the first paragraph as paragraph 1;

(b) number the second paragraph as paragraph 11;

(c) in paragraph 1 (as numbered by sub-paragraph (a)), for the words from “Commission” to “34(2),” substitute “ Secretary of State must ”;

(d) after paragraph 1 (as numbered by sub-paragraph (a)) insert the new paragraphs numbered 2 to 10 in Part 4 of Schedule 4;

(e) in paragraph 11 (as numbered by sub-paragraph (b))—

(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) for “the first paragraph” substitute “ paragraph 1 ”;

(f) after paragraph 11 (as numbered by sub-paragraph (b)) insert—

(12) An entry recorded on the register pursuant to paragraph 11 comes into force (and confers the protection provided by Article 20): (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 recorded on the register as established during that period, on IP completion day; (b) in any other case, immediately the entry is recorded on the register. (13) In this Article: (a) ‘decision notice’: (i) in paragraph 2 means a notice published under the second paragraph of Article 16; (ii) in paragraphs 4 and 6 means a notice published under the second paragraph of Article 16 as it applies to an application for an amendment to a product specification that is not minor by virtue of Article 24(2); (iii) in paragraph 8 means a notice published under Article 24(3); (iv) in paragraph 10 means a notice published under the second paragraph of Article 16 as it applies to cancellations by virtue of the second paragraph of Article 25; (b) in relation to a notice referred to in this Article, ‘notice period’ means the period of 20 days from the day on which the relevant notice is published by the Secretary of State, beginning with the day on which the notice is published. (14) In this Article a reference to ‘the information recorded in the register pursuant to paragraph 2’ means the information recorded in the register pursuant to paragraph 2 or, where that information has been amended, that information as amended from time to time.

(21) Omit Article 22.

(22) In Article 23(1)—

(a) in paragraph 1, in the first subparagraph—

(i) in the words before point (a), for “the Union” substitute “ Great Britain ”;

(ii) in point (a), for “or authorities referred to in Article 22” substitute “ designated by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain ”;

(iii) in point (b)—

(aa) for “control” substitute “ delegated ”;

(bb) for the words from “the second” to “882/2004” substitute “ Article 2 of 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 ”;

(b) after paragraph 1 insert—

(1a) In respect of geographical indications protected under this Regulation relating to a geographical area in Northern Ireland, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, must be ensured by: (a) the Secretary of State, or (b) one or more certification bodies.

(d) in paragraph 4, after “paragraph 1” insert “ , point (b) of paragraph 1a ”.

(23) In Article 24—

(a) in paragraph 1, after “may apply” insert “ to the Secretary of State ”;

(b) in paragraph 2—

(i) for “13” substitute “ 14 ”;

(ii) for “Commission shall, by means of implementing acts,” substitute “ Secretary of State must ”;

(iii) omit the words from “and in” to the end;

(3) The Secretary of State, after making a decision in relation to an application for a proposed amendment that is minor, 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 25a against that decision and the period within which an appeal may be made, and (b) where the application is approved, a copy of the approved amended product specification for the geographical indication.

(24) In Article 25—

(a) in the first paragraph—

(i) for “Commission may, on its” substitute “Secretary of State may, on the Secretary of State's”;

(ii) omit “a Member State, of”;

(iii) omit “, by means of implementing acts,”;

(iv) omit the second sentence;

(b) in the second paragraph, for “13” substitute “ 14 ”.

(25) After Article 25 insert the new Articles 25a and 25b in Part 5 of Schedule 4.

(26) In Article 26—

(a) in the heading, for “Existing” substitute “ Established ”;

(b) in paragraph 1—

(i) at the beginning insert “ Established protected ”;

(ii) omit the words from “listed” to “2014,”;

(iii) for the words from “Commission” to “34(2) of this Regulation” substitute “ Secretary of State must ”;

(iv) at the end insert as the last sentence—

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

(27) Omit Article 27.

(28) In Article 28—

(a) for the heading substitute— “ Article 28 Power to make regulations ”;

(b) in paragraph 1, in the words before point (a), for the words from “Commission” to “33” substitute “ Secretary of State may make regulations ”;

(d) in paragraph 3—

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

(ii) in point (c), for “Commission” substitute “ Secretary of State ”;

(iii) after point (f) insert—

(fa) amend Article 21(3) as regards the date from which protection runs;

(iv) after point (h) insert—

(ha) amend Article 21(5), (7) or (9) as regards the date on which an amendment enters into force;

(e) in paragraph 4, for the words from “Commission” to “33” substitute “ Secretary of State may make regulations ”.

(29) In Article 29—

(a) for the heading substitute— “ Article 29 Further power to make regulations ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) in the words before point (a), for the words from “Commission” to “measures” substitute “ Secretary of State may make regulations ”;

(bb) in point (d), for “Member States” substitute “ authorities specified in those regulations ”;

(ii) omit the second subparagraph;

(i) in the first subparagraph—

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

(bb) for “, cancellation, or conversion” substitute “ or cancellation ”;

(cc) for “existing” substitute “ established ”;

(ii) omit the second subparagraph.

(30) In Article 30, for the words from “Commission” to “decide to” substitute “ Secretary of State must ”.

(31) In Article 31—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) in the first subparagraph—

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

(bb) omit “by the Member States”;

(cc) after “application of” insert “ Chapter 2 of ”;

(ii) omit the second subparagraph;

(iii) insert as the last subparagraph—

The Secretary of State may make regulations concerning the administrative and physical checks to be conducted with regard to the respect of obligations resulting from the application of Chapter 3 of this Regulation.

(32) In Article 32—

(a) in paragraph 1—

(i) for “Member States and the Commission” substitute “ The specified authorities in Great Britain ”;

(ii) after “authorities of” insert “ Northern Ireland and ”;

(b) in paragraph 2, in the words before point (a), for the words from “Commission” to “lay” substitute “ Secretary of State may make regulations laying ”;

(i) in the first subparagraph—

(aa) for the words before point (a) substitute—

The Secretary of State may, by regulations, make

(bb) in point (c), for “Member States, the competent authorities” substitute “ specified authorities in Great Britain, authorities in Northern Ireland and ”;

(ii) omit the second subparagraph;

(d) after paragraph 3 insert—

(4) The specified authorities in Great Britain for the purpose of this article are: (a) in relation to England, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Wales, the Welsh Ministers.

(33) For Article 33 substitute the new Article 33 in Part 6 of Schedule 4.

(34) Omit Article 34.

(35) In Article 36—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “have been” substitute “ were ”;

(ii) after “1601/91 ” insert “ as it had effect in Great Britain immediately ”;

(i) omit “and Article 9” in both places it occurs;

(ii) for “have been” substitute “ were ”;

(iii) after “1601/91” insert “ , as that Regulation had effect in Great Britain immediately before it was repealed, ”.

(36) In Article 37 omit the second paragraph.

(37) After Article 37 omit the words from “This Regulation” to “States.”.

(38) In Annex 1, in point (5)—

(a) in the second subparagraph, for the words from “Directive 2009/54/EC ” to “Directive 98/83/EC ” substitute “ any relevant water quality legislation ”;

(b) after the third subparagraph insert the new subparagraph in Part 7 of Schedule 4.

(39) In Annex 2, in Part B—

(a) in point (3), in the second paragraph—

(i) for “other Member States” substitute “ another country ”;

(ii) for “Member State” substitute “ country ”;

(b) in point (4), in the second paragraph—

(i) for “other Member States” substitute “ another country ”;

(ii) for “Member State” substitute “ country ”;

(i) for “other Member States” substitute “ another country ”;

(ii) for “Member State” substitute “ country ”.

(40) After Annex 2 insert the new Annexes 2A and 2B in Part 8 of Schedule 4.

Commission Delegated Regulation (EU) No 664/2014

22

(1) Commission Delegated Regulation (EU) No 664/2014 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules is amended as follows.

(2) Before Article 1 insert—

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

(3) In Article 2—

(a) for the heading substitute— “ Article 2 Symbols ”;

(b) omit “Union”;

In Part A of the table in the Annex: (a) the symbol which is designed to publicise protected designations of origin for products marketed under that designation is established as it appears in the first column of that table; (b) the symbol which is designed to publicise protected geographical indications for products marketed under that designation is established as it appears in the second column of that table; (c) the symbol which is designed to publicise traditional specialities guaranteed for products marketed under that designation is established as it appears in the third column of that table. In Part B of the table in the Annex, each of the symbols which appears in Part A of that table is set out in the corresponding form in which it may be reproduced in black and white.

(4) Omit Article 4.

(5) In Article 5—

(a) at the beginning insert “ In the case of an application to which Article 49(5) of Regulation (EU) No 1151/2012 applies, ”;

(b) omit “of the Member State or”;

(d) omit “of a Member State or”.

(6) Article 6 is amended in accordance with paragraphs (7) to (12).

(7) In paragraph 1, in the third and fourth subparagraphs, for “Commission” substitute “ Secretary of State ”.

(8) In paragraph 2—

(a) in the first subparagraph—

(i) in the first sentence, for the words from “authorities” to “relates to” substitute “ Secretary of State ”;

(ii) in the second sentence, for the words from “authorities” to “established” substitute “ Secretary of State ”;

(iii) in the third sentence—

(aa) after “a product specification” insert “ concerning products originating in the United Kingdom ”;

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

(iv) for the fourth sentence substitute—

Applications for a minor amendment to a product specification concerning products originating in the United Kingdom must be submitted by a group having a legitimate interest.

(v) in the fifth sentence, for “Commission” substitute “ Secretary of State ”;

(b) in the third and fourth subparagraphs, for “Commission” substitute “ Secretary of State ”;

After making a decision in relation to an application under this paragraph, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State: (a) a notice: (i) informing the applicant and the public of the decision made under this paragraph in relation to the application and the reasons for that decision, and (ii) providing information about the right to appeal under Article 54a of Regulation (EU) No 1151/2012 against the decision and the period within which an appeal may be made, and (b) where the application is approved, a copy of the amended product specification. The publication obligations imposed on the Secretary of State by the previous subparagraph also apply in the case of an application that is tacitly approved by virtue of the third subparagraph.

(9) In paragraph 3—

(a) in the first subparagraph—

(i) after “public authorities” insert “ of a third country ”;

(ii) after “competent authorities” insert “of a third country (‘third country temporary amendments’)”;

(b) number the second subparagraph as paragraph 3a.

(10) In paragraph 3a (as numbered by paragraph (9)(b))—

(a) omit the second and third sentences;

(b) for “Temporary amendments concerning products originating in third countries” substitute “ They ”;

(d) omit “Member States and”;

(e) omit the last sentence;

(f) for “Commission”, in each place it occurs in the remaining text, substitute “ Secretary of State ”.

(11) After paragraph 3a (as numbered by paragraph (9)(b)) insert—

(3b) The Secretary of State must publish a notice, in such manner as appears appropriate to the Secretary of State from time to time, providing the public with details of a third country temporary amendment and the period during which that temporary amendment is to apply.

(12) After paragraph 3b (as numbered by paragraph (9)(b)) insert the new paragraphs 4 to 4o in Part 1 of Schedule 5.

(13) Omit Article 7(2).

(14) Omit Articles 8 and 9.

(15) In Article 10 omit the second paragraph.

(16) After Article 10 omit the words from “This Regulation” to “States.”.

(17) For the Annex substitute the Annex in Part 2 of Schedule 5.

Commission Implementing Regulation (EU) No 668/2014

23

(1) Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of 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) Before Article 1 insert—

In this Regulation: (a) ‘EU 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 as it had effect immediately before IP completion day; (b) ‘EU Regulation 668/2014’ means Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as it had effect immediately before IP completion day; (c) ‘Great Britain's PDOs and PGIs Register’ has the meaning given in Article 3(23) of Regulation (EU) No 1151/2012; (d) ‘third country’ means any country, other than the United Kingdom, and includes: (i) the Bailiwick of Guernsey; (ii) the Bailiwick of Jersey; (iii) the Isle of Man.

(3) Omit Article 1(2).

(4) In Article 6—

(a) in paragraph 1 omit the second subparagraph;

(b) in paragraph 3, for “Commission”, in both places it occurs, substitute “ Secretary of State ”.

(5) In Article 8—

(a) for the words from “as referred to” to “States concerned” substitute “ by more than one group referred to in the first subparagraph of Article 49(1) of Regulation (EU) No 1151/2012 relating to a trans-border geographical area, or the name of a traditional speciality guaranteed, must be submitted to the Secretary of State by one of the applicant groups or through the authorities of the relevant third country concerned or by the authorities of one of the third countries concerned (where there is more than one of them) ”;

(b) for “Member States and third” substitute “ of the ”.

(6) In Article 9(3), for “Commission” substitute “ Secretary of State ”.

(7) In Article 10—

(a) in paragraph 1, in the first subparagraph, for the words from “The reference” to “lead to the” substitute “ The application must be accompanied by an ”;

(b) in paragraph 2—

(i) in the second subparagraph, for the words from “The reference” to “lead to the” substitute “ It must also be accompanied by an ”;

(ii) omit the third subparagraph;

(iii) in the fourth subparagraph omit the second sentence;

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

(ii) for “the second subparagraph of Article 6(3)”, in the first place it occurs, substitute “ Article 6(3a) ”;

(iii) for “the second subparagraph of Article 6(3)”, in the second place it occurs, substitute “ Article 6(3c) ”;

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

(8) In Article 11(1) omit the second subparagraph.

(9) In Article 12—

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

(b) for “10, 11, and 15” substitute “ 10 and 11 ”.

(10) In Article 13—

(a) in paragraph 1—

(i) omit “Union”;

(ii) for “Annex X to this Regulation” substitute “ the Annex to Delegated Regulation (EU) No 664/2014 and in accordance with paragraph 2. ”;

(b) for paragraph 2 substitute—

(2) Where a symbol appears on the labelling of a product, it must be reproduced as follows: (a) the whole of the symbol must be printed; (b) the symbol must be printed to a minimum size of 15mm x 15mm; (c) when printed in colour, the symbol must be printed using: (i) in the Pantone colour matching system , Pantone gold solid PMS 467 C and PMS Black C, or (ii) in the four-colour CMYK system , the combined coloured printing inks in the measures: (aa) gold – C:0 M:15 Y:40 K:15, and (bb) black – C:0 M:0 Y:0 K:100; (d) when printed in black and white, the symbol: (i) must be displayed on a white background; (ii) may not be reversed as a negative image; (iii) must be printed using: (aa) in the Pantone colour matching system, Pantone PMS Black C, or (bb) in the four-colour CMYK system, black - C:0 M:0 Y:0 K:100.

(d) omit paragraph 5.

(11) In Article 14—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for the words from the beginning to “registering” substitute “ Where the Secretary of State publishes a notice under Article 52(4) of Regulation (EU) No 1151/2012 relating to a decision of the Secretary of State to approve the registration of ”;

(bb) for “Commission shall” substitute “ Secretary of State must, as soon as possible after the notice period relating to the notice has expired, ”;

(ii) for point (c) substitute—

(c) the date of registration;

(b) after paragraph 1 insert—

(1a) The Secretary of State must attach a copy of the product specification for the designation or origin or geographical indication referred to in paragraph 1 to the register as soon as possible after the notice period relating to the notice has expired. (1b) An entry for a designation of origin or geographical indication recorded in the register pursuant to paragraph 1 grants the protection for the designation of origin or geographical indication provided for in Article 13 of Regulation (EU) No 1151/2012 and that protection takes effect immediately after: (a) the entry is recorded in the register, and (b) a copy of the product specification for the designation of origin or geographical indication is attached to the register.

(i) in the words before point (a), for the words from the beginning to “shall” substitute “ Where the Secretary of State publishes a notice under Article 52(4) of Regulation (EU) No 1151/2012 relating to the Secretary of State's decision to approve an application to register a traditional speciality guaranteed, the Secretary of State must, as soon as possible after the notice period relating to the notice has expired, ”;

(ii) for point (c) substitute—

(c) the date of registration;

(iii) omit point (f);

(d) after paragraph 2 insert—

(2a) The Secretary of State must attach a copy of the product specification for the traditional speciality guaranteed referred to in paragraph 2 to the register as soon as possible after the notice period relating to the notice has expired. (2b) An entry for a traditional speciality guaranteed made in the register grants the protection for the traditional speciality guaranteed provided for in Article 24 of Regulation (EU) No 1151/2012 and that protection takes effect immediately after: (i) the entry is recorded in the register, and (ii) a copy of the product specification for the traditional speciality guaranteed is attached to the register.

(e) for paragraphs 3 and 4 substitute the new paragraphs 3 to 3n and 4 to 6 in Part 1 of Schedule 6.

(12) After Article 14 insert the new Articles 14a and 14b in Part 2 of Schedule 6.

(13) Omit Article 15.

(14) In Article 16 omit the second, third and fourth paragraphs.

(15) After Article 16 omit the words from “This Regulation” to “States.”.

(16) In Annex 1—

(a) for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 2, in the heading, for “Member State” substitute “ Great Britain, Northern Ireland ”;

(c) after the line below section 5, for the words from “Reference” to the end substitute— “ Product specification [attach copy] ”.

(17) In Annex 2, in the words before section 1—

(a) for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) for “Member State” substitute “ Great Britain, Northern Ireland ”.

(18) In Annex 3—

(a) in section 1, for “Official Journal (OJ) publication” substitute “ the single document (where relevant) and product specification for the application published under Article 50(2) of Regulation (EU) No 1151/2012 ”;

(b) in section 2—

(i) for “Official Journal (OJ) publication” substitute “ connection with the publication of the single document (where relevant) and product specification for the application published under Article 50(2) of Regulation (EU) No 1151/2012 ”;

(ii) for “Date of OJ publication” substitute “ Date of publication ”;

(d) in section 5, in the second subparagraph, after “authorities” insert “ of a third country ”.

(19) In Annex 4—

(a) in section 1, for “Official Journal (OJ) publication” substitute “ the notice relating to the application published under Article 50(2) of Regulation (EU) No 1151/2012 ”;

(b) in section 2—

(i) in the heading, for “Official Journal (OJ)publication” substitute “ the notice relating to the application published under Article 50(2) of Regulation (EU) No 1151/2012 ”;

(ii) for “Date of OJ publication” substitute “ Date of publication ”.

(20) In Annex 5—

(a) in the words before section 1, for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 2, in the heading, for “Member State” substitute “ Great Britain, Northern Ireland ”.

(21) In Annex 6—

(a) in the words before section 1, for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 2, in the heading, for “Member State” substitute “ Great Britain, Northern Ireland ”.

(22) In Annex 7—

(a) in the words before section 1, for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 2, in the heading, for “Member State” substitute “ Great Britain, Northern Ireland ”;

(c) in section 6, for the words in square brackets and points (a) and (b) substitute “ [Insert the proposed updated product specification] ”.

(23) In Annex 8—

(a) in the words before section 1—

(i) for “the second subparagraph of Article 6(3)” substitute “ Article 6(3a) ”;

(ii) for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 1, in the heading, omit “Member State or”.

(24) In Annex 9—

(a) in the words before section 1, for “EU No: [for EU use only]” substitute “ GB No: [for official use only] ”;

(b) in section 2, in the heading, for “Member State” substitute “ Great Britain, Northern Ireland ”.

(25) Omit Annex 10.

Commission Delegated Regulation (EU) 2018/273

24

(1) Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties is amended as follows.

(2) In Article 1—

(a) omit points (a) and (e);

(b) in point (f) omit “and the analytical databank of isotopic data”;

(d) for point (i) substitute—

(i) the publication of information.

(3) In Article 2—

(a) in paragraph 1—

(i) in point (a)—

(aa) for the words from “the Union” to “the European Union,” substitute “ Great Britain ”;

(bb) omit the words from “or for” to the end;

(ii) omit points (c) and (d);

(iii) in point (g) omit “to be defined by each Member State,”;

(iv) after point (k) insert—

(l) ‘the 2010 Regulations’ means the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 ; (m) ‘ARC’ means the unique administrative reference code; (n) ‘the competent authority’, in relation to a function to be exercised in Great Britain, or any part of it, means the person designated to carry out that function by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain; (o) ‘computerised system’ has the meaning given by regulation 3(1) of the 2010 Regulations; (p) ‘export’ means export from Great Britain to a third country; (q) ‘HMRC Notice 197’ means the notice numbered 197 published by HMRC under regulation 56(2) of the 2010 Regulations as that notice stands on IP completion day; (r) ‘import’ means import into Great Britain from a third country; (s) ‘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; (t) ‘third country’ means any country, other than the United Kingdom, and includes: (i) the Bailiwick of Guernsey; (ii) the Bailiwick of Jersey; (iii) the Isle of Man; (u) ‘unique administrative reference code’ has the meaning given in regulation 3(1) of the 2010 Regulations.

(b) in paragraph 2, for “IV to VIII” substitute “ 4, 5, 7 and 8 ”;

(4) Omit Chapters 2 and 3.

(5) Omit Articles 8 to 10.

(6) In Article 11—

(a) in paragraph 1—

(i) for the words from “point” to “10(1)” substitute “ paragraph 4 ”;

(ii) after “PGI” insert “ if they comply with the conditions laid down in paragraphs 5 and 6 and Annex 5 ”;

(b) omit paragraph 3;

(4) The documents referred to in paragraph 1 are: (a) a printed copy of an electronic administrative document that complies with the requirements for that document specified in HMRC Notice 197 and on which the unique administrative reference code assigned to the document is given; (b) a paper document of the type specified in regulation 60(2)(b) of the 2010 Regulations that complies with the requirements set out in regulation 60(2A) of the 2010 Regulations; (c) any other commercial document on which the unique administrative reference code is clearly stated; (d) in the case of the movement within Great Britain under duty suspension arrangements of wine and made-wine to which regulation 62(2) of the 2010 Regulations applies, a paper document of the type specified in regulation 62(3)(a) or (b) of the 2010 Regulations. (5) Where used for the purpose specified in paragraph 1, a document referred to in paragraph 4 must include the information indicated in Section A of Annex 5 or allow the competent authorities to have access to that information. (6) Where that document bears a unique administrative reference code number assigned by the computerised system, the information referred to in Section A of Annex 5 to this Regulation must be held in the system used. (7) In the case of a wine product produced in Northern Ireland, a document recognised as an accompanying document for that type of product when transported in Northern Ireland or the European Union under Article 10 of EU Regulation 2018/273 certifies, as relevant, the following characteristics of the wine product to which it relates: (a) the origin or provenance; (b) the quality and characteristics of the wine product; (c) the vintage year; (d) the grape variety or varieties from which it is produced; (e) the PDO or PGI. (8) In this Article: (a) ‘EU Regulation 2018/273’ means Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties as it has effect in Northern Ireland by virtue of section 7A of the European Union (Withdrawal) Act 2018; (b) ‘the electronic administrative document’ has the meaning given in regulation 3(1) of the 2010 Regulations.

(7) In Article 12—

(a) in paragraph 1(a), for the words from “any” to “of this Regulation” substitute “ the document referred to in Article 11(4)(b) or (c) ”;

(b) in paragraph 2 omit “or MVV code”;

(8) Omit Articles 13 to 19.

(9) In Article 20(2)—

(a) in point (a)—

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

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

(b) in point (c)—

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

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

(10) In Article 21—

(a) in point (a)—

(i) in point (ii), for the words from “the Union” to the end substitute “ Great Britain ”;

(ii) in point (iv), for the words from “within” to “1186/2009” substitute “ entering Great Britain from a third country ”;

(iii) in point (ix)—

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

(bb) for “the customs territory of the Union” substitute “ Great Britain ”;

(b) in point (b), in the words before point (i), for “by the Union” substitute “ in relation to Great Britain ”.

(11) In Article 22(1), in the fourth subparagraph, for “Union customs office” substitute “ customs office in Great Britain ”.

(12) In Article 23, in the first paragraph, in the words before point (a), for the words from “shall” to “those formalities” substitute “ relating to a consignment must be handed over to the competent authority on the completion of the customs formalities required for putting the consignment into free circulation in Great Britain ”.

(13) In Article 24, in the first paragraph, in the words before point (a), for “the Union”, in both places it occurs, substitute “ Great Britain ”.

(14) In Article 25(2)—

(a) for “Union legislation” substitute “ retained EU law ”;

(b) for “Union” substitute “ United Kingdom ”.

(15) In Article 26(1), for “the Union” substitute “ Great Britain ”.

(16) In Article 27—

(a) in paragraph 1—

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

(ii) for the words from “have” in the first subparagraph to “be” in the third subparagraph substitute “ are ”;

(b) in paragraph 2, for “the customs territory of the Union” substitute “ Great Britain ”;

(i) for “of the Member State” substitute “ in a case ”;

(ii) after “free circulation” insert “ in Great Britain ”;

(d) omit paragraph 4.

(17) In Article 28—

(a) omit paragraph 2;

(b) in paragraph 3, in the first sentence—

(i) for “Member States shall” substitute “ The Food Standards Agency must ”;

(ii) at the end insert “ in England and Wales and Food Standards Scotland must draw up and keep up-to-date a list of operators obliged to keep the register in Scotland ”.

(18) Omit Article 30.

(19) Omit Chapter 6.

(20) In Article 36—

(a) omit paragraph 1;

(b) in paragraph 2 omit the second subparagraph;

(21) In Article 37—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) omit the first and second subparagraphs;

(ii) in the third subparagraph, at the beginning insert—

Administrative and on-the-spot checks must be carried out.

(d) in paragraph 4—

(i) for the words from the beginning to “countries” substitute “ In the case of wines and other wine products from third countries that are imported into Great Britain on the basis of a VI-1 document, checks ”;

(ii) for the words from “the Member” to “Union” substitute “ Great Britain ”.

(22) Omit Article 39.

(23) For Article 40 substitute—

(1) The Secretary of State is the liaison body responsible for official contact with: (a) third countries relating to matters covered by this Regulation for wine and other wine products imported into Great Britain from a third country, or exported from Great Britain to a third country; (b) Northern Ireland relating to matters covered by this Regulation for wine and other wine products moved into Great Britain from Northern Ireland, or moved from Great Britain to Northern Ireland. (2) But the Secretary of State must not act as the liaison body responsible for official contact with third countries and Northern Ireland pursuant to paragraph 1, without the consent of: (a) the Scottish Ministers, in relation to wine and other wine products: (i) imported into Great Britain from a third countries during any period those products are in Scotland; (ii) originating in Scotland and exported from Great Britain to third countries; (iii) originating elsewhere than in Scotland and exported from Scotland to third countries; (iv) moved into Great Britain from Northern Ireland during any period those products are in Scotland; (v) originating in Scotland and moved from Great Britain to Northern Ireland; (vi) originating elsewhere than in Scotland and moved from Scotland to Northern Ireland; (b) the Welsh Ministers, in relation to wine and other wine products: (i) imported into Great Britain from third countries during any period those products are in Wales; (ii) originating in Wales and exported from Great Britain to third countries; (iii) originating elsewhere than in Wales and exported from Wales to a third country; (iv) moved into Great Britain from Northern Ireland during any period those products are in Wales; (v) originating in Wales and moved from Great Britain to Northern Ireland; (vi) originating elsewhere than in Wales and moved from Wales to Northern Ireland.

(24) Omit Articles 41 to 44.

(25) In Article 45—

(a) omit the first paragraph;

(b) in the second paragraph—

(i) omit “of a Member State”;

(ii) for the words from “of that” to the end substitute “ designated by Article 40 must, without delay, inform, as relevant, the authorities of Northern Ireland and any third country concerned ”.

(26) Omit Article 46.

(27) In Article 47—

(a) in the heading, for “Union rules” substitute “ rules in retained EU law ”;

(b) in paragraph 1—

(i) omit “10,”;

(ii) omit “referred to in Article 8(1)”;

(iii) omit “of a Member State”;

(3) In this Article, ‘operators’ means winegrowers, harvesters, producers, processors, bottlers and merchants.

(28) Omit Articles 48 to 50.

(29) In Article 51—

(a) in the heading, for “the information notified” substitute “ information ”;

(b) in paragraph 1—

(i) in the words before point (a), for “the Commission” substitute “ and, in relation to point (d), the competent authority of Northern Ireland, the Secretary of State ”;

(ii) in each of points (a), (b) and (c), at the beginning insert “ in relation to each third country, the ”;

(iii) in point (d)—

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

(bb) for “the Commission and the Member States” substitute “ Great Britain ”;

(2) The Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time: (a) the names and addresses of the competent authorities in Great Britain responsible for carrying out official analyses, the administrative certification procedure and checks relating to registers and accompanying documents, and (b) the lists referred to in paragraph 1. (3) But the Secretary of State must not publish the information and the lists specified in paragraph 2(a) without the consent of: (a) insofar as the information and lists will apply in relation to Scotland, the Scottish Ministers; (b) insofar as the information and lists will apply in relation to Wales, the Welsh Ministers.

(30) In Chapter 9, in the heading omit “AMENDMENTS, REPEALS, TRANSITIONAL AND”;

(31) Omit Articles 52 to 55.

(32) After Article 56 omit the words from “This Regulation” to “States.”.

(33) Omit Annexes 1 to 4.

(34) Annex 5 is amended in accordance with paragraphs (35) to (37).

(35) In Section A—

(a) in the first paragraph, for “10(2)” substitute “ 11(5) ”;

(b) in the second paragraph—

(i) for the words from “points” to “10(1)” substitute “ Article 11(4) ”;

(ii) for “Annex I to Regulation (EC) No 684/2009” substitute “ HMRC Notice 197 ”;

(d) in the fourth paragraph—

(i) for “the Member States” substitute “ the Secretary of State, by administrative decision, ”;

(ii) at the end insert—

The Secretary of State must publish that information in such manner as appears appropriate to the Secretary of State from time to time.

(e) after the fourth paragraph insert—

The Secretary of State may not make a decision concerning the order and specific details concerning the layout of the entries on the documents referred to in Article 11(4) in relation to the use of such documents in Scotland or Wales without the consent of: (a) in relation to Scotland, the Scottish Ministers; (b) in relation to Wales, the Welsh Ministers.

(f) in the table—

(i) omit column 3;

(ii) in the first row (reference number), in column 1 omit “, the MVV code”;

(iii) in the sixth row (competent authorities at place of dispatch), in column 1—

(aa) for “another Member State” substitute “ Northern Ireland ”;

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

(iv) in the eleventh row (description of packages of goods), in column 1 omit the second and third sentences;

(v) omit the seventeenth row (wine-growing zone code);

(vi) in the twentieth row (date of dispatch etc.), in column 1, omit the words from “and” to the end”;

(vii) omit the last row (visa from the competent body of the place of dispatch).

(36) In Section B—

(a) in point 1.1—

(i) for the words from “point (a)(i)” to “10(1)” substitute Article 11(4)”;

(ii) omit the words from “referred to in Article” to “10(1)”;

(b) omit point 1.2;

(d) in point 1.5 omit “referred to in Article 17(1) or”

(e) in point 1.6—

(i) in the first subparagraph omit the words from “, in” to “State,”;

(ii) omit the second subparagraph;

(f) in point 2.1—

(i) in point (a), for “Union rules” substitute “ rules in retained EU law ”;

(ii) in point (c)—

(aa) in the first subparagraph, in point (ii), for “recognised by the Union” substitute “set down in Section 2 of Annex A to Volume 1 of the 2019 Edition of the Compendium of International Methods of Wines and Musts Analysis published in Paris in January 2019 by the International Organisation of Vine and Wine (‘the OIV Compendium’) as that Compendium stands on IP completion day”;

(bb) for the second subparagraph substitute—

The information required by points (ii), (iii) and (iv) of the first subparagraph must be expressed in a way that takes into account any relevant provisions in the tables that apply to the measuring method for the evaluation by refractometry of the sugar concentration in grape musts, concentrated grape musts and rectified concentrated grape musts in Section 2 of Annex A to the OIV Compendium as that Compendium stands on IP completion day.

(iii) in point (d), in the words before point (i), for “Union provisions” substitute “ provisions in retained EU law ”;

(iv) in point (e)—

(aa) omit point (i);

(bb) in point (ii), in the wording relating to the use of the figure “12” (other operations) omit the words from “Examples” to “C III(b)(2)”;

(cc) in the last sentence omit “the wine-growing area and”.

(37) Omit Sections C and D.

(38) Annex 6 is amended in accordance with paragraphs (39) to (41).

(39) In the heading, for “THEUNION” substitute “ GREAT BRITAIN ”.

(40) In Part 1—

(a) in the heading, for “Article 21(6) of Directive 2008/118/EC” substitute “ regulation 57(7)(b) of the 2010 Regulations ”;

(b) in the specimen wording relating to the information to be mentioned—

(i) in the words before point (1), for “[Member State or European Union]” substitute “ Great Britain ”;

(ii) in point (1)(a), for the words from “the‘E-Bacchus” to the end substitute “ Great Britain's PDOs and PGIs Register for wine established and maintained by the Secretary of State pursuant to Article 104 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (as incorporated into the law of Great Britain by the European Union (Withdrawal) Act 2018), as amended ”;

(iii) in point (2), for “Union law” substitute “ the law in Great Britain ”;

(iv) in point (4), for “theUnion” substitute “ Great Britain ”;

(v) in the box relating to the administrative reference assigned by the competent authority omit “or‘MVV code’”.

(41) In Part 2—

(a) in Section A, for the template for the wine export certificate substitute the template for that certificate in Part 1 of Schedule 7;

(b) in Section B, in the table—

(i) in the first row (consignor etc.) in column 1 omit the words from “or reference” to the end;

(ii) in the ninth row (logo of the Member State of dispatch etc.), in column 1 omit “Logo of the Member State of dispatch and”;

(iii) in the twelfth row (certification)—

(aa) in the first subparagraph, for “Union law” substitute “ the law in Great Britain ”;

(bb) in the third subparagraph, in the second indent, for “the EU according to EU and national legislation” substitute “ Great Britain in accordance with the law in Great Britain ”;

(iv) in the last row (reference number), in column 1 omit “or the MVV code”.

(42) In Annex 7—

(a) for Parts 1 and 2 substitute the new Parts 1 and 2 in Part 2 of Schedule 7;

(b) in Part 3—

(i) in Section A , in point 2, omit the second sentence;

(ii) in Section C—

(aa) in the instruction relating to Box 2, for “the EU” substitute “ Great Britain ”;

(bb) in the instruction relating to Box 4, in the first indent, for “the EU” substitute “ Great Britain ”;

Commission Implementing Regulation (EU) 2018/274

25

(1) Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks is amended as follows.

(2) In Article 1—

(a) in the words before point (a), for the words from “Regulations” to “respectively,” substitute “ Regulation (EU) No 1308/2013 ”;

(b) omit points (a), (d), (e) and (f).

(3) After Article 1 insert—

The competent authorities, in relation to the issue of permits under Article 12(3) and the exercise of the functions in Article 13(2)(c) and 20(4), means the persons designated in relation to each of those functions by regulation 4 of the Wine Regulations 2011 as it extends to Great Britain.

(4) Omit Chapter 2.

(5) In Article 12—

(a) in paragraph 1—

(i) omit the second subparagraph;

(ii) in the last subparagraph—

(aa) at the beginning insert “ In relation to wine produced in Great Britain, ”;

(bb) for “the Member State in which the wine is produced” substitute “ Great Britain ”;

(cc) for the words from “different” to “1308/2013” substitute “ Great Britain and Northern Ireland ”;

(dd) for “by any of the Member States concerned” substitute “ in either Great Britain or Northern Ireland ”;

(b) in paragraph 2—

(i) in the first subparagraph omit “and Chapter VI of this Regulation”;

(ii) in the second subparagraph, omit “, save where Member States decide otherwise”;

(6) In Article 13—

(a) in paragraph 1, in the second subparagraph, for the words from “one” to “other” substitute “ a copy of the ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) in point (b) omit the words from “presented” to the end;

(bb) in point (c), after “competent authorities” insert “ , by administrative decision, following an application made by an operator ”;

(7) In Article 14—-

(a) in paragraph 1(a)(iii), for the words from “of the classification” to “1308/2013” substitute “ to the wine grape variety (which must be a wine grape variety that complies with point (a) or (b) of Article 81(2) of Regulation (EU) No 1308/2013) ”;

(b) in paragraph 2, for “Union legislation” substitute “ retained EU law ”;

(4) In this Article, ‘retained EU law’ has the same meaning as 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.

(8) In Article 15—

(a) in paragraph 1—

(i) in point (a), for “under Union or national” substitute “ by ”;

(ii) in point (d) omit “Union or national”;

(iii) in point (e)—

(aa) omit “10,”;

(bb) omit the words from “, except” to the end;

(b) in paragraph 3, in the first subparagraph omit the second sentence.

(9) In Article 16(1)(b)(v) omit “Union or national”.

(10) Omit Article 19.

(11) In Article 20—

(a) in paragraph 1—

(i) in the words before point (a) for “Articles 15 and 19” substitute “ Article 15 ”;

(ii) omit point (b) and the “and” immediately before it;

(b) in paragraph 4—

(i) in the first subparagraph, for the words from “Member” to “days” substitute “ on a case by case basis, the Food Standards Agency, in relation to England and Wales, and Food Standards Scotland, in relation to Scotland, may, on the application of an operator, authorise longer deadlines not exceeding 30 days where the Food Standards Agency or Food Standards Scotland (as the case may be) considers it appropriate to do so ”;

(ii) omit the second subparagraph;

(12) Omit Chapters 5 and 6.

(13) Omit Articles 33 and 34.

(14) In Article 35 omit paragraphs 2 and 4.

(15) After Article 37 omit the words from “This Regulation” to “States.”.

(16) Omit Annexes 1 to 4.

Commission Delegated Regulation (EU) 2019/33

26

(1) 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 is amended as follows.

(2) After Article 1 insert the new Articles 1a and 1b in Part 1 of Schedule 8.

(3) In Article 4(2) omit the words from “, taking” to the end.

(4) In Article 5(1)(c) omit the words from “Member”, in the first place it occurs, to “third”.

(5) Omit Articles 6 to 8.

(6) In Article 9—

(a) in paragraph 1, in the first subparagraph, for “, 95 and 96” substitute “ and 95 ”;

(b) in paragraph 2—

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

(ii) for the words from “it” to “a third country” substitute “ the Secretary of State must inform the applicant, or, in the case of a third country application, the applicant established in, or the authorities of, that country, ”;

(i) for “Commission shall make public” substitute “ Secretary of State must publish ”;

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

(iii) for “Member State or third” substitute “ relevant ”;

(iv) at the end insert (as the second sentence)—

The list may be published in such manner as appears appropriate to the Secretary of State from time to time.

(7) In Article 10, for “Commission”, in each place it occurs, substitute “ Secretary of State ”.

(8) In Article 11—

(a) in paragraph 1—

(i) in the first subparagraph—

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

(bb) in point (c)(i), for “the provisions adopted pursuant thereto” substitute “ any provision in force, adopted or made pursuant to them (whether adopted before IP completion day, or made on or after IP completion day) ”;

(ii) in the second subparagraph, for “the Union” substitute “ Great Britain, except that, in relation to paragraph 1(c)(ii) so far as it relates to Article 101(1) of Regulation (EU) No 1308/2013, the objection must be assessed in relation to the territory of the United Kingdom ”;

(b) in paragraph 2—

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

(ii) for “it” substitute “ the Secretary of State ”.

(9) In Article 12—

(a) in paragraph 1—

(i) in the first sentence—

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

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

(ii) in the second sentence—

(aa) after “on which” insert “ the single document and the product specification submitted in connection with ”;

(bb) for the words from “is published” to “Union” substitute “ are published under Article 97(3) of Regulation (EU) No 1308/2013 ”;

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

(b) in paragraph 3—

(i) in the first sentence—

(aa) for “established in the third country or” substitute “ or, where relevant, ”;

(bb) omit “of the Member State or”;

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

(ii) in the second sentence—

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

(bb) omit “national”;

(iii) in the last sentence, for “Commission shall adopt” substitute “ Secretary of State must make ”;

(i) in the first sentence—

(aa) for the words from “established” to “country,” substitute “ or, where relevant, the authorities of the third country ”;

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

(ii) in the second sentence, for “Commission shall adopt” substitute “ Secretary of State must make ”.

(10) In Article 13—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Commission may adopt implementing acts granting” substitute “ Secretary of State may, by regulations, grant ”;

(bb) for “a Member State” substitute “ the United Kingdom ”;

(ii) in the second subparagraph—

(aa) in the words before point (a) omit “Article 96(3) or”;

(bb) in point (b), after “market” insert “ in Great Britain ”;

(b) in paragraph 2—

(i) in the words before point (a), for “Commission may adopt implementing acts extending” substitute “ Secretary of State may, by regulations, extend ”;

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

(i) for “a Member State may” substitute “ the Secretary of State may use any power the Secretary of State has to make regulations to ”;

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

(iii) for “to the authorities of the Member State” substitute “ with the Secretary of State ”;

(iv) omit “national”;

(v) for “96(3)” substitute “ 98 ”;

(d) after paragraph 4 insert—

(5) The powers to make regulations conferred on the Secretary of State by paragraphs 1 and 2 are exercisable by statutory instrument. (6) A statutory instrument containing regulations made under paragraph 1 or 2 is subject to annulment in pursuance of a resolution of either House of Parliament. (7) Such regulations may contain supplementary, incidental or consequential provision.

(11) In Article 14—

(a) number the second subparagraph of paragraph 1 as paragraph 1a;

(b) number the third subparagraph of paragraph 1 as paragraph 1b;

(d) renumber paragraph 2 as paragraph 2d;

(e) in paragraph 1, in the first subparagraph—

(i) for the words from “at Union” to “and amendments” substitute “under Article 98 of Regulation (EU) No 1308/2013, as applied to applications for amendments by Article 15 (‘non-standard amendments’), and amendments that do not (‘standard amendments’). Standard amendments for a product specification for a protected designation of origin or protected geographical indications relating to an area in a third country are”;

(ii) omit “Member State or”;

(iii) after “level (‘” insert “ third country ”;

(f) in paragraph 1a (as numbered by sub-paragraph (a)), in the words before point (a), for “Union” substitute “ non-standard ”;

(g) in paragraph 1b (as numbered by sub-paragraph (b)), for “Union” substitute “ non-standard ”;

(h) after paragraph 1c (as numbered by sub-paragraph (c)) insert—

(2) Standard amendments are classified into four sub-categories taking into account the geographical area of the designation of origin or geographical indication affected by the amendment and whether the amendments are temporary as follows: (a) UK standard amendments; (b) UK temporary amendments; (c) third country standard amendments; (d) third country temporary amendments. (2a) A UK standard amendment is a standard amendment of a product specification for a designation of origin or geographical indication relating to a geographical area in the United Kingdom. (2b) A UK temporary amendment is a standard amendment concerning a temporary change in a product specification for a designation of origin or geographical indication for a geographical area in the United Kingdom: (a) resulting from the imposition of obligatory sanitary or phytosanitary measures, or linked to natural disasters formally recognised, by the Secretary of State, or imposed or formally recognised by: (i) the Environment Agency in a case where, and to the extent that, a relevant geographical area in England is affected; (ii) the Department of Agriculture, Environment and Rural Affairs, or the Department of Health, in a case where, and to the extent that, a relevant geographical area in Northern Ireland is affected; (iii) the Scottish Ministers, Food Standards Scotland or the Scottish Environment Protection Agency, in a case where, and to the extent that, a relevant geographical area in Scotland is affected; (iv) the Welsh Ministers, or the Natural Resources Body for Wales, in a case where, and to the extent that, a relevant geographical area in Wales is affected; (v) the Food Standards Agency in a case where, and to the extent that, a relevant geographical area in England, Northern Ireland or Wales is affected, or (b) linked to adverse weather conditions formally recognised by the Met Office of the Department for Business, Energy and Industrial Strategy. (2c) A third country standard amendment is a standard amendment of a product specification for a designation of origin or geographical indication relating to a geographical area in a third country.

(i) in paragraph 2d (as renumbered by sub-paragraph (d))—

(i) for the words from the beginning to “1308/2013, a” substitute “ A third country ”;

(ii) after “specification” insert “ for a designation of origin or geographical indication relating to a geographical area in a third country ”;

(iii) after “authorities”, in both places it occurs, substitute “ of the third country ”.

(12) In Article 15—

(a) in the heading, for “Union” substitute “ non-standard ”;

(b) in paragraph 1—

(i) for “Union” substitute “ non-standard ”;

(ii) for “96” substitute “ 97 ”;

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

(ii) for “it shall publish the application for a Union” substitute “ the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, the application for a non-standard ”;

(iii) omit the words from “in the Official” to “series”;

(iv) for the second sentence substitute—

The Secretary of State, taking into account any admissible objection that has been lodged, must decide whether to approve or reject the application.

(d) in paragraph 3, for “Union”, in each place it occurs, substitute “ non-standard ”;

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

(13) In Article 16—

(a) in the heading, for “Union” substitute “ non-standard ”;

(b) in paragraph 1—

(i) in the first and second subparagraphs, for “Union” substitute “ non-standard ”;

(ii) in the third subparagraph—

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

(bb) for “Union” substitute “ non-standard ”;

(c) in paragraph 2, for the words from “competent” to “a third country” substitute “ applicant or, in the case of a third country application, the applicant established in, or the competent authorities of, the third country, ”.

(14) In Article 17—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

(1) UK standard amendments must be approved by the Secretary of State and made public in such manner as appears appropriate to the Secretary of State from time to time.

(ii) in the second subparagraph—

(aa) after “of a”, in both places it occurs, insert “ UK ”;

(bb) for the words from “authorities” to “relates” substitute “ Secretary of State ”;

(cc) for “Member State”, in the second place it occurs, substitute “ Secretary of State ”;

(iii) in the third subparagraph after “for a” insert “ UK ”;

(b) in paragraph 2—

(i) in the first subparagraph—

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

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

(cc) for “and make public the” substitute “ the UK ”;

(ii) omit the second subparagraph;

(2a) After making a decision in relation to an application for a UK standard amendment, 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, the original (protection) applicant (if different) 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 99a of Regulation (EU) No 1308/2013 against the decision and the period within which an appeal may be made, and (b) where the application is approved, a copy of the modified consolidated product specification and, where relevant, a copy of the modified consolidated single document.

(d) in paragraph 3—

(i) after “approving” insert “ third country ”;

(ii) omit “concerning grapevine products originating in third countries”;

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

(e) in paragraph 4, after “communication of” insert “ third country ”;

(f) in paragraph 5—

(i) after “that the” insert “ third country ”;

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

(iii) for the words from “the Official” to “series,” substitute “ such manner as appears appropriate to the Secretary of State from time to time ”;

(iv) omit “Member State,”;

(g) in paragraph 6—

(i) after “that the” insert “ third country ”;

(ii) for the words from “Commission” to “2019/34” substitute “ Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time ”;

(iii) omit “Member State,”;

(h) omit paragraph 7;

(i) in paragraph 8—

(i) in the first subparagraph—

(aa) for “one Member State, the Member States concerned” substitute “ the United Kingdom, the Secretary of State ”;

(bb) for “their territory” substitute “ the United Kingdom and, in relation to the part of the area that does not fall within the United Kingdom, the procedure in paragraph 3 applies ”;

(cc) omit the second sentence;

(dd) for “Member State last” substitute “ authority of the third country ”;

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

(ii) omit the second subparagraph;

(j) after paragraph 8 insert—

(9) If a geographical area covers more than the United Kingdom and the national decision necessary in relation to the part of the area in a third country is not taken or adopted by the authority of the third country, an application in relation to that part of the area may be submitted under the non-standard amendment procedure. (10) If a geographical area covers areas in two or more third countries and a national decision in relation to part of an area in a third country is not taken or adopted by the authority of the third country, an application in respect of the amendment in relation to the geographical area as a whole may be submitted under the non-standard amendment procedure.

(15) In Article 18—

(a) for paragraph 1 substitute the new paragraphs 1 to 1n in Part 2 of Schedule 8;

(b) in paragraph 2—

(i) for “more than one Member State” substitute “ areas in the United Kingdom and a third country, or areas in more than one third country ”;

(ii) for “the Member States concerned” substitute “ relation to the United Kingdom and the third country concerned, or in the respective third countries concerned, ”;

(iii) omit the second sentence;

(iv) in the third sentence—

(aa) for “The Member State last” substitute “ Paragraph 3 applies in relation to the communication of the decision of the authorities of the third country, or each third country, ”;

(bb) omit the words from “shall communicate” to the end;

(v) omit the fourth sentence;

(i) at the beginning insert “ Third country ”;

(ii) omit “concerning grapevine products originating in third countries”;

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

(d) in paragraph 4, after “communication of” insert “ third country ”;

(e) in paragraph 5—

(i) in the first sentence—

(aa) for “Commission shall make public such amendments” substitute “ Secretary of State must, ”;

(bb) omit “Member State,”;

(cc) at the end insert “ publish a notice, in such manner as appears appropriate to the Secretary of State from time to time, providing the public with details of the third country temporary amendment and the period during which that temporary amendment is to apply ”;

(ii) omit the second sentence.

(16) In Article 19—

(a) in the first paragraph, for “96” substitute “ 97 ”;

(b) in the second paragraph—

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

(ii) for the words from “the Official” to the end substitute “ such manner as appears appropriate to the Secretary of State from time to time ”.

(17) In Article 21(2)—

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

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

(18) In Article 22—

(a) in the heading, for “Temporary labelling and presentation” substitute “ Symbols ”;

(b) omit the first paragraph;

(d) omit the third paragraph.

(19) In Article 24(1)(a) omit “Member State or third”.

(20) In Article 25(1)—

(a) omit “the Member States or”;

(b) after “in” insert “ the United Kingdom or ”.

(21) In Article 26—

(a) in paragraph 2 omit—

(i) “of the Member State concerned”;

(ii) “third”;

(b) after paragraph 2 insert—

(2a) In the case of an application concerning a term originating in Great Britain, a copy of an enactment need not be provided under paragraph 2 where the title of the enactment is given together with its year and chapter, serial or other identifying number. (2b) In the case of an application concerning a term originating in Northern Ireland, a copy of the following enactments need not be provided under paragraph 2 where the title of the relevant enactment is given together with its year and chapter, serial or other identifying number: (a) an Act that extends to Northern Ireland, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under such an Act that extends to Northern Ireland; (b) Northern Ireland legislation and an enactment contained in an instrument made under Northern Ireland legislation but not any legislation that forms part of the 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.

(c) in paragraph 4, for the words from “authorities” to “question” substitute “ applicant, in the case of an application concerning a term originating in the United Kingdom, or, in the case of an application concerning a term originating in a third country, the authorities of the third country or the applicant established in the third country in question, ”;

(d) after paragraph 4 insert—

(5) In paragraph 2a, ‘enactment’ means the following legislation whenever passed or made: (a) 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; (b) retained direct EU legislation, except to the extent that it extends to Northern Ireland; (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.

(22) Article 27 is amended in accordance with paragraphs (23) to (25).

(23) In paragraph 1—

(a) in the first subparagraph—

(i) in point (b)—

(aa) in point (i) omit “Union or of the third”;

(bb) in point (ii) omit “Member State or third”;

(ii) in point (d), for “Member State's legislation or” substitute “ legislation of the relevant country or, in the case of an application concerning a term originating in a third country, is ”;

(b) after the second subparagraph insert—

In point (d), ‘legislation of the relevant country’, in relation to the United Kingdom, includes legislation that does not apply to all the constituent nations of the United Kingdom but only applies to one or more of them.

(24) In paragraph 2(a) omit “Member State or third”.

(25) In paragraph 3, for “Union” substitute “ United Kingdom ”.

(26) In Article 28—

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

(b) in paragraphs 1 and 2, for “Commission” substitute “ Secretary of State ”;

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

(ii) for the words from “it” to the end substitute “ the Secretary of State must publish the application in such manner as appears appropriate to the Secretary of State from time to time ”;

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

(e) in paragraph 5, for the words from “Commission” to the end substitute “ Secretary of State must reject the application ”;

(f) after paragraph 5 insert—

(6) After making a decision to reject an application under paragraph 5, the Secretary of State must publish a notice in such manner as appears appropriate to the Secretary of State from time to time: (a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and (b) providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made. (7) An implementing act to which paragraph 8 applies is revoked. (8) This paragraph applies to an implementing act adopted by the European Commission under Article 28 of EU Regulation 2019/33 and incorporated into domestic law by section 3(1) of the EUWA.

(27) In Article 29, for “Commission” substitute “ Secretary of State ”.

(28) In Article 30—

(a) in paragraph 1—

(i) in point (a) omit “Member State or”;

(ii) in point (b), for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2, for the words from “Member” to the end substitute “ applicant, or, in the case of an application submitted by a third country authority, that authority ”.

(29) In Article 31—

(a) in paragraph 1—

(i) in the first subparagraph—

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

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

(ii) in the second subparagraph—

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

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

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

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

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

(iii) omit the third sentence;

(d) after paragraph 3 insert—

(3a) After making a decision about the application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State a notice: (a) informing the applicant, any objector and the public of the decision made in relation to the application and the reasons for that decision, and (b) providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made.

(e) in paragraph 4, in the first subparagraph, for “Commission”, in both places it occurs, substitute “ Secretary of State ”.

(30) In Article 32—

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

(b) in paragraph 3, in the first subparagraph—

(i) omit “where national legislation so provides,”;

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

(iii) for the words from “under Directive” to the end substitute “ in, or under, the TMA ”.

(31) After Article 32 insert the new Articles 32a and 32b in Part 3 of Schedule 8.

(32) In Article 34, after the second paragraph insert—

An implementing act to which the fourth paragraph applies is revoked. This paragraph applies to an implementing act: (a) concerning a decision of the European Commission relating to an application to modify a traditional term registered in the European Union at the time the application was submitted, (b) adopted by the European Commission pursuant to Article 34 of EU Regulation 2019/33 following the procedure referred to in the second paragraph of that Article, and (c) incorporated into domestic law by section 3(1) of the EUWA.

(33) In Article 35—

(a) in the first paragraph—

(i) for the words from the beginning to “Commission” substitute “ The Secretary of State ”;

(ii) omit “a Member State,”;

(iii) for “adopt implementing acts cancelling” substitute “ cancel ”;

(b) after the second paragraph insert—

An implementing act to which the fourth paragraph applies is revoked. This paragraph applies to an implementing act adopted by the European Commission pursuant to Article 35 of EU Regulation 2019/33 following the procedure referred to in the second paragraph of that Article and incorporated into domestic law by section 3(1) of the EUWA.

(34) In Article 37—

(a) in paragraph 1, in the first subparagraph, in point (a), for “Commission by a Member State,” substitute “ Secretary of State by ”;

(b) in paragraph 2—

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

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

(35) In Article 38—

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

(b) in paragraph 1—

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

(ii) for “legislation of” substitute “ legislation applying in Northern Ireland or ”;

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

(ii) for the words from “the electronic” to “2019/34,” substitute “ Great Britain's Traditional Terms Register ”;

(iii) after “applicable in” insert “ Northern Ireland or ”;

(iv) for “including” substitute “ as relevant, including, in the case of a third country, ”.

(36) For Article 39 substitute—

The Secretary of State must enter the names of established protected traditional terms on Great Britain's Traditional Terms Register. The entries are to be treated as taking effect on IP completion day.

(37) In Chapter 3, after Section 5 insert the new Section 6 in Part 4 of Schedule 8.

(38) In Article 42—

(a) in paragraph 1, for “the Union” substitute “ Great Britain, moved to Northern Ireland ”;

(b) in paragraph 2—

(i) for the words from “Subsection” to “1308/2013” substitute “ the provisions of Regulation (EU) No 1308/2013 specified in paragraph 2a ”;

(ii) for “exported, Member States may” substitute “ moved to Northern Ireland or exported, the Secretary of State may, by administrative decision, ”;

(iii) for “Union labelling and presentation rules in force” substitute “ labelling and presentation rules in retained EU law ”;

(iv) after “legislation” insert “ that applies in Northern Ireland or ”;

(2a) For the purpose of paragraph 2, the provisions of Regulation (EU) No 1308/2013 are: (a) Subsection 3 of Section 2 of Chapter 1 of Title 2 of Part 2; (b) the first paragraph of Article 118, except so far as it relates to the Food (Lot Marking) Regulations 1996 and Regulation (EU) No 1169/2011; (c) paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article); (d) points (d), (e) and (g) of Article 120(1); (e) paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to: (i) the compulsory particulars specified in paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article); (ii) the optional particulars specified in points (d), (e) and (g) of Article 120(1); (f) Article 121(2). (2b) By way of derogation from the provisions specified in paragraph 2c, where grapevine products are to be moved to Northern Ireland or exported, the appropriate authority may, by administrative decision, permit particulars and presentations which conflict with labelling and presentation rules in retained EU law if such particulars or presentations of the grapevine products are required by the legislation that applies in Northern Ireland or of the third country in question. These particulars may appear in languages other than English. (2c) For the purpose of paragraph 2b, the provisions of Regulation (EU) No 1308/2013 are: (a) the first paragraph of Article 118 so far as it relates to: (i) the Food (Lot Marking) Regulations 1996, and (ii) Regulation (EU) No 1169/2011; (b) paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article); (c) Article 120, except for points (d), (e) and (g) of paragraph 1; (d) paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to: (i) paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article); (ii) Article 120, except for points (d), (e) and (g) of paragraph 1.

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