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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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(d) in paragraph 3, for the words from “Member” to “force” substitute “ the Secretary of State may use any power the Secretary of State may have to permit the use of presentations that conflict with presentation rules in force in retained EU law ”;

(e) after paragraph 3 insert—

(4) In this Article, ‘retained EU law’ has the meaning given in section 6(7) of the EUWA but does not include any legislation so far as it extends to Northern Ireland.

(39) In Article 50—

(a) in paragraph 1—

(i) in the words before point (a)—

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

(bb) after “produced in”, in the second place it occurs, insert “ Northern Ireland or ”;

(ii) in point (b)—

(aa) omit the first subparagraph;

(bb) in the second subparagraph, for the words from “Member” to “1308/2013,” substitute “ wines produced in Great Britain, ”;

(iii) in point (c)—

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

(bb) after “producers in” insert “ Northern Ireland or ”;

(cc) after “including” insert “ , in the case of a third country, ”;

(dd) after “and” insert “ , in both cases, ”;

(b) in paragraph 2, in the second subparagraph omit the words from “and the equivalent” to “languages”;

(i) in the first subparagraph, after “indication of” insert “ Northern Ireland or ”;

(ii) omit the second subparagraph.

(40) In Article 51—

(a) number the first paragraph as paragraph 1;

(b) number the second paragraph as paragraph 2;

(d) number the fourth paragraph as paragraph 5;

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

(i) in the words before point (a), for the words from “Member” to “ ‘varietal wine’” substitute “nothing in this Regulation prevents regulations being made under the 1990 Act permitting the use of the term ‘varietal wine’ on grapevine products produced in Great Britain,”;

(ii) in point (a), for “of the Member State(s) concerned” substitute “ ‘United Kingdom’”;

(f) in paragraph 2 (as numbered by sub-paragraph (b)), for “the first paragraph” substitute “ paragraph 1 produced in a third country ”;

(g) after paragraph 2 (as numbered by sub-paragraph (b)) insert—

(3) Nothing in this Regulation prevents a relevant NI grapevine product from being placed on the market in Great Britain using the term ‘varietal wine’ supplemented by the name ‘United Kingdom’ if the law that applies in Northern Ireland permits the use of the term ‘varietal wine’ in relation to that product when marketed in Northern Ireland.

(h) in paragraph 4 (as numbered by sub-paragraph (c)), for the words from “of the name(s)” to the end substitute “, pursuant to this Article, of the name ‘England’, ‘Northern Ireland’, ‘Scotland’, ‘Wales’ or ‘United Kingdom’ or the name of a third country”;

(i) in paragraph 5 (as numbered by sub-paragraph (d)), for the words from “the United” to “State” substitute “a grapevine product to which paragraph 1 applies, the name ‘United Kingdom’”;

(j) after paragraph 5 (as numbered by sub-paragraph (d)) insert—

(6) In the case of a grapevine product to which paragraph 3 applies, the name ‘United Kingdom’ may be replaced by the name ‘Northern Ireland’. (7) In paragraph 3, ‘relevant NI grapevine product’ means a grapevine product: (a) of a type referred to in any of points (1) to (9) or (16) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013, (b) that is produced in Northern Ireland from grapes harvested in the United Kingdom, (c) that does not bear a protected designation of origin or protected geographical indication or any other geographical indication, and (d) that bears the name of one or more wine grape varieties on its label.

(41) In Article 52—

(a) in paragraph 4, for the words from “the Member” to “the third” substitute “ rules in the ”;

(b) after paragraph 4 insert—

(5) For the purpose of paragraph 4, ‘rules’ includes: (a) in relation to a constituent nation of Great Britain, regulations made under the 1990 Act; (b) in relation to Northern Ireland, regulations made under the Food Safety (Northern Ireland) Order 1991 .

(42) In Article 53—

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

(i) in the first sentence, after “indication of” insert “ Northern Ireland or ”;

(ii) in the second sentence omit “Member States and”;

(iii) after the second sentence insert—

Nothing in this Regulation prevents the use of other indications equivalent to those laid down in Annex 5 for such grapevine products of Northern Ireland if those other indications may be used, in accordance with the law that applies in Northern Ireland, on those products when marketed in Northern Ireland.

(b) in paragraph 3, in the words before point (a), after “indication of” insert “ Northern Ireland or ”;

(d) in paragraph 5—

(i) in the first subparagraph, in the words before point (a), after “indication of” insert “ Northern Ireland or ”;

(ii) in the second subparagraph, after “indication of” insert “ Northern Ireland or ”.

(43) In Article 54(2) omit the first sentence.

(44) In Article 55—

(a) in paragraph 1, after “indication of” insert “ Northern Ireland or ”;

(b) in paragraph 2—

(i) in the first subparagraph omit the second sentence;

(ii) omit the third subparagraph.

(45) In Article 57—

(a) in paragraph 1—

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

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

(b) in paragraph 2, for “Member States may decide” substitute “ regulations may be made under the 1990 Act to provide ”.

(46) In Article 58—

(a) in the heading omit “laid down by the producing Member States”;

(b) omit paragraph 1;

(c) in paragraph 2, for “Member States may” substitute “ Nothing in this Regulation prevents regulations from being made under the 1990 Act to ”;

(d) in paragraph 3—

(i) for “Member States may decide” substitute “ nothing in this Regulation prevents regulations from being made under the 1990 Act ”;

(ii) at the end insert “ where those grapevine products do not bear a protected designation of origin or geographical indication ”;

(e) for paragraph 4 substitute—

(4) Nothing in this Regulation prevents regulations from being made for control purposes under the 1990 Act to apply Articles 118, 119(1) (other than point (b)) and 120(1) (other than point (d)) of Regulation (EU) No 1308/2013 to a grapevine product that: (a) has been bottled on their territory, (b) does not bear a protected designation of origin or geographical indication, and (c) has not been placed on the market.

(47) In Article 59—

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

(b) for “to 98 and Articles” substitute “ , 95, 97, 98, ”.

(48) For Article 61 substitute the new Article 61 in Part 5 of Schedule 8.

(49) After Article 62 omit the words from “This Regulation” to “States.”.

(50) Before Annex 1 insert the new Annexes A1 and A2 in Part 6 of Schedule 8.

(51) In Annex 1, for Part A substitute the new Part A in Part 7 of Schedule 8.

(52) For Annexes 2 and 3 substitute the new Annexes 2 and 3 in Part 8 of Schedule 8.

Commission Implementing Regulation (EU) 2019/34

27

(1) Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of 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, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks is amended as follows.

(2) In Article 1(f) omit “Union”.

(3) After Article 1 insert the new Article 1a in Part 1 of Schedule 9.

(4) Omit Article 2.

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

(6) In Article 4—

(a) for paragraph 1 substitute—

(1) A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, must be submitted to the Secretary of State by: (a) a group of producers in one of the countries in which part of the relevant geographical area is situated, (b) a single producer in one of the countries in which part of the relevant geographical area is situated in a case where, in relation to that country and that area, Article 3 of Delegated Regulation (EU) 2019/33 applies, or (c) through the authorities of a third country in which part of the relevant geographical area is situated. (1a) Where a joint application concerns a geographical area that includes an area in the United Kingdom, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, except for the requirement in paragraph 3 of that Article. (1b) Where a joint application concerns a geographical area that includes an area in a third country, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, including the requirement laid down in paragraph 3 of that Article.

(b) in paragraph 2—

(i) for the words from “Member” to “a third country” substitute “ group of producers, single producer or third country authority ”;

(ii) for “Commission”, in both place it occurs, substitute “ Secretary of State ”.

(7) In Article 5—

(a) in paragraph 1, for point (b) substitute—

(b) where the demarcated area, or any part of it, is situated in Great Britain, the name ‘Great Britain’; (ba) where the demarcated area, or any part of it, is situated in Northern Ireland, the name ‘Northern Ireland’; (bb) where the demarcated area, or any part of it, is situated in a third country, the name of the third country;

(b) in paragraph 3, for the words from “in accordance” to “use” substitute “ using ”.

(8) In Article 7—

(a) in paragraph 1—

(i) in the first subparagraph—

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

(bb) for “Member State” substitute “ applicant ”;

(cc) for the words from “or the” to “question” substitute “ , where relevant, ”;

(ii) in the second subparagraph—

(aa) for “before the” substitute “ a ”;

(bb) for the words from “is sent” to “lead to the” substitute “ , where relevant, and a ”;

(cc) at the end insert “ must be submitted to the Secretary of State ”;

(b) in paragraph 2—

(i) for “Member State” substitute “ applicant ”;

(ii) omit the words from “or the” to “question,”;

(iii) 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) for “Member State” substitute “ applicant ”;

(iv) for the words from “or the applicant” to “question” substitute “ , as relevant, ”.

(9) In Article 8—

(a) in paragraph 1, in the first subparagraph, in point (a), for the words from “reference” to “series” substitute “ name of the proposed designation of origin or geographical indication ”;

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

(10) In Article 9—

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

(b) in paragraph 1—

(i) in the words before point (a), for “Union” substitute “ non-standard ”;

(ii) in point (f), for “the electronic reference to the publication” substitute “ a copy ”;

(i) in the first subparagraph—

(aa) for “Union” substitute “ a non-standard ”;

(bb) for the words from “in accordance” to “use” substitute “ using ”;

(ii) in the second subparagraph omit the second and third sentences.

(11) In Article 10—

(a) in the heading, at the end insert “ concerning a grapevine product originating in a third country ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) after “specification” insert “ concerning a grapevine product originating in a third country ”;

(bb) for “17” substitute “ 17(3) ”;

(ii) in point (c)—

(aa) at the beginning insert “ a copy of ”;

(bb) for “paragraphs 2 and 3 of Article 17” substitute “ Article 17(3) ”;

(iii) in point (e), for “the electronic reference to the publication” substitute “ a copy ”;

(d) in paragraph 3—

(i) omit the words from the beginning to “countries,”;

(ii) omit the second sentence;

(e) omit paragraph 4;

(f) in paragraph 5, for “referred to in paragraph 3” substitute “ to which this Article applies ”.

(12) In Article 11—

(a) in the heading, at the end insert “ concerning a grapevine product originating in a third country ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) after “specification” insert “ concerning a grapevine product originating in a third country ”;

(bb) for “18” substitute “ 18(3) ”;

(ii) in point (b)—

(aa) for “Article 14(2)” substitute “ the words before point (a) of Article 14(2d) ”;

(bb) at the end insert “ as recognised by a competent authority in the third country in question ”;

(iii) after point (c) insert—

(d) a consolidated copy of the product specification incorporating the approved temporary amendment in a way that makes the temporary amendment readily apparent.

(d) in paragraph 3—

(i) omit the words from the beginning to “countries,”;

(ii) omit the second sentence;

(e) omit paragraph 4;

(f) in paragraph 5, for “referred to in paragraph 3” substitute “ to which this Article applies ”.

(13) In Article 12—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for the words from the beginning to “conferring” substitute “ Where the Secretary of State publishes a notice under Article 99(3) of Regulation (EU) No 1308/2013 relating to a decision of the Secretary of State to confer ”;

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

(cc) at the end insert “ as soon as possible after the notice period expires ”;

(ii) omit points (f) to (h);

(b) after paragraph 1 insert—

(1a) Following the publication of a notice referred to in paragraph 1, the Secretary of State must attach a copy of the single document and the product specification for the relevant designation of origin or geographical indication to the register. (1b) An entry for a designation of origin or geographical indication recorded in the register pursuant to paragraph 1 confers the protection for the designation of origin or geographical indication referred to in Article 102 of Regulation (EU) No 1308/2013 and the entry in the register, and the provisions in the product specification attached to the register, for the designation of origin or geographical indication take effect immediately after: (a) the entry for the designation of origin or geographical indication is made in the register, and (b) the copy of the product specification for the designation of origin or geographical indication is attached to the register.

(d) in paragraph 3—

(i) for the words from the beginning to “Commission shall” substitute “ Where the Secretary of State publishes a notice under Article 106 of Regulation (EU) No 1308/2013 (as it applies to cancellations by virtue of the first paragraph of Article 19 of Delegated Regulation (EU) 2019/33) relating to a decision of the Secretary of State to cancel a designation of origin or geographical indication, the Secretary of State must, as soon as possible after the notice period for the notice has expired, ”;

(ii) insert as the second sentence—

The cancellation takes effect immediately after the name is deleted from the register.

(e) omit paragraph 4.

(14) After Article 12 insert the new Article 12a in Part 3 of Schedule 9.

(15) In Chapter 2, in Section 6, in the heading omit “Union”.

(16) In Article 14—

(a) in the heading omit “Union”;

(b) number the existing paragraph as paragraph 1;

(i) omit “Union”;

(ii) for the words from “reproduced” to the end substitute “ the symbol for a protected designation of origin or protected geographical indication, as relevant, established pursuant to Article 12(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as laid down in the Annex to 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 ”;

(d) after paragraph 1 (as numbered by sub-paragraph (b)) insert—

(2) Where used, the symbol must be used in accordance with Article 13(2) of 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.

(17) In Article 15—

(a) in paragraph 1, for “(EC) No 882/2004” substitute “ 2017/625 ”;

(b) in paragraph 2—

(i) in the words before point (a) (and before point (aa) as inserted by paragraph (ii)), after “area in” insert “ Northern Ireland or ”;

(ii) before point (a) insert as point (aa)—

(aa) in relation to a product produced in Northern Ireland, the authority designated for that purpose by regulation 4 of the Wine Regulations 2011 as that regulation extends to Northern Ireland;

(iii) in point (a), at the beginning insert “ in relation to a product produced in a third country, ”;

(iv) in point (b), at the beginning insert “ in relation to a product produced in Northern Ireland or a third country, ”;

(c) in paragraph 3, in the second subparagraph, for the words from “and for” to “Regulation” substitute “ until 14th January 2021 ”;

(d) omit paragraph 6.

(18) Omit Article 16.

(19) For Article 17 substitute—

The Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time, the names and addresses of the competent authority or control bodies responsible for carrying out checks relating to the use of protected designations of origin and protected geographical indications in Great Britain.

(20) In Article 18—

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

(b) in the words before point (a), for “Commission, at its” substitute “Secretary of State, at the Secretary of State's”.

(21) In Article 19—

(a) in paragraph 1—

(i) in the second subparagraph, in the words before point (a), for “the Member State in which production takes place” substitute “ Great Britain ”;

(ii) in the third subparagraph—

(aa) omit “Member States opt to conduct”;

(bb) for “, they” substitute “ are carried out, the competent authority or the delegated body ”;

(iii) in the fourth subparagraph—

(aa) omit “Member States opt to conduct”;

(bb) for “, they” substitute “ is carried out, the competent authority or the delegated body ”;

(b) omit paragraph 5;

(d) omit paragraphs 7 and 8;

(e) insert as the last paragraph—

(9) In this Article, ‘delegated body’ has the meaning given by point (5) of Article 3 of Regulation 2017/625.

(22) In Article 20—

(a) in point (b)(ii), for “Member States legislation or product specifications of” substitute “ any other enactment relating to, or in the product specification of, the ”;

(b) after the existing paragraph insert—

In this Article, ‘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.

(23) In Article 21—

(a) in paragraph 1, for the words from “Commission” to “in third countries” substitute “ Secretary of State by a representative professional organisation established in the United Kingdom or a third country, as relevant, or, in the case of a third country, by a competent authority of that third country, ”;

(b) in paragraph 2—

(i) omit “established in a third country”;

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

(24) In Article 22—

(a) in paragraph 1—

(i) for “Member State, third country,” substitute “ third country ”;

(ii) for the words from “of publication” to “to in” substitute “ on which the Secretary of State publishes the application under ”;

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

(25) In Article 23(3)—

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

(b) omit “the Member State or”;

(26) In Article 24—

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

(b) in paragraph 2—

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

(ii) for “its” substitute “the Secretary of State's”.

(27) In Article 25—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for the words from the beginning to “conferring” substitute “ Following the publication of a notice under Article 31(3a) of Implementing Regulation (EU) 2019/33 by the Secretary of State relating to a decision by the Secretary of State to confer ”;

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

(cc) at the end insert “ as soon as possible after the notice period has expired ”;

(ii) in point (e)—

(aa) omit “Member State or third”;

(bb) for “the third” substitute “ a third ”;

(b) after paragraph 1 insert—

(1a) An entry made in Great Britain's Traditional Terms Register pursuant to paragraph 1 takes effect immediately after the entry relating to the traditional term is recorded in the register.

(3) A traditional term to which paragraph 4 applies may be entered in Great Britain's Traditional Terms Register where the condition in paragraph 5 is satisfied. (4) This paragraph applies to a traditional term used in a third country that must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’). (5) The condition is that the traditional term is a traditional term that was protected in the European Union immediately before IP completion day pursuant to an international agreement to which the European Union and the third country were contracting parties. (6) The same protection is to be afforded to a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33. (7) In relation to the protection of a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term: (a) insofar as relevant, any conditions laid down in the law of the third country relating to the use of the traditional term, and (b) any other conditions referred to, or laid down, in the UK-third country agreement relating to the use of the traditional term. (8) An entry recorded in the register pursuant to paragraph 3 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 recorded in the register.

(28) After Article 25 insert the new Article 25a in Part 4 of Schedule 9.

(29) In Article 26, after “any” insert “ movement to Northern Ireland or ”.

(30) In Article 27—

(a) after paragraph 1 insert—

(1a) After making a decision whether to approve a modification to a traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice: (a) informing the applicant and the public of the decision made by the Secretary of State and the reasons for that decision, and (b) providing information about the right to appeal against the decision under Article 39a of Delegated Regulation (EU) 2019/33 and the period within which an appeal may be made.

(b) in paragraph 2—

(i) for “Commission approves” substitute “ Secretary of State publishes a notice under paragraph 1a relating to a decision of the Secretary of State to approve ”;

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

(iii) for the words from “with effect” to the end substitute “ in Great Britain's Traditional Terms Register as soon as possible after the notice period relating to that notice has expired ”;

(3) The new specifications take effect immediately after they are recorded in Great Britain's Traditional Terms Register.

(31) In Article 28(2), for “Commission”, in both places it occurs, substitute “ Secretary of State ”.

(32) In Article 29—

(a) in paragraph 1—

(i) in the first subparagraph—

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

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

(cc) omit “the Member State or”;

(dd) omit “established in the third country in question”;

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

(b) in paragraph 2—

(i) omit “the Member State or”;

(ii) omit “established in the third country in question”;

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

(i) in the first subparagraph—

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

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

(cc) for “It” substitute “ The Secretary of State ”;

(ii) omit the second subparagraph;

(d) after paragraph 3 insert—

(3a) After making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice: (a) informing the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State and the reasons for that decision, and (b) providing information about the right to appeal under Article 39a of Delegated Regulation (EU) 2019/33 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 ”;

(f) in paragraph 5—

(i) for the words from the beginning to “shall” substitute “ Where the Secretary of State publishes a notice under paragraph 3a relating to a decision of the Secretary of State to cancel a traditional term, the Secretary of State must ”;

(ii) after “register” insert “ as soon as possible after the notice period for the notice has expired, ”;

(iii) insert as the second sentence—

The cancellation takes effect immediately after the name of the traditional term is removed from the register.

(33) Article 30 is amended in accordance with paragraphs (34) to (38).

(34) In the heading, for “Commission, the Member States” substitute “ Secretary of State, applicants ”.

(35) In paragraph 1, for the words from “Commission as” to the end substitute “ Secretary of State by electronic mail, using the forms set out in Annexes 1 to 7 ”.

(36) Omit paragraph 2.

(37) In paragraph 3, for “Commission” substitute “ Secretary of State ”.

(38) In paragraph 4—

(a) in the first subparagraph—

(i) omit the first sentence;

(ii) in the remaining sentence—

(aa) for the words from “point” to “2” substitute “ paragraphs 1 ”;

(bb) for “Commission to the Member States,” substitute “ Secretary of State to ”;

(cc) for “authorities and” substitute “ authorities of third countries, as well as ”;

(dd) for “of third countries, as well as” substitute “ and ”;

(b) omit the second subparagraph.

(39) In Article 31—

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

(b) omit paragraph 2;

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

(ii) in the second subparagraph—

(aa) for “It” substitute “ The Secretary of State ”;

(bb) for “Union amendment” substitute “ non-standard amendment, UK standard amendment or UK temporary amendment ”;

(cc) after “applications for”, in both places it occurs, insert “ third country ”;

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

(d) omit paragraph 4.

(40) In Article 32—

(a) for “Commission”, in the first place it occurs, substitute “ Secretary of State ”;

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

(41) In Article 33—

(a) in the first paragraph—

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

(ii) for the words from “in the” to the end substitute “ by the Secretary of State. They may be published in such manner as appears appropriate to the Secretary of State from time to time ”;

(b) in the second paragraph, for the words from “in the” to the end substitute “ by the Secretary of State. They may be published in such manner as appears appropriate to the Secretary of State from time to time ”.

(42) After Article 34 omit the words from “This Regulation” to “States.”.

(43) In Annex 1, in the section headed “2. Third country to which the demarcated area belongs:”—

(a) in the heading, for “Third” substitute “ Great Britain, Northern Ireland or third ”;

(b) after the heading insert—

[If more than one is relevant then list as relevant]

(44) In Annex 2—

(a) for the sections headed “1. Name of product” and “2. Official reference” substitute—

(1) [as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013] … (2) [as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013] Reference number: … Date of publication under Article 97(3) of Regulation (EU) No 1308/2013: …

(b) in the section headed ‘3. Name of the objector (Person, body, Member State or Third Country)”, in the heading omit “, Member State”.

(45) In Annex 3—

(a) for the sections headed “1. Name of product” and “2. Official reference” substitute—

(1) [as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013] (2) [as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013] Reference number: Date of publication under Article 97(3) of Regulation (EU) No 1308/2013:

(b) in the section headed “3. Name of the objector (Person, body, Member State or Third Country)”, in the heading omit “, Member State”.

(46) In Annex 4—

(a) in the heading, for “UNION” substitute “ NON-STANDARD ”;

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

(i) in the heading, for “Third” substitute “ Great Britain, Northern Ireland or third ”;

(ii) after the heading insert—

[If more than one is relevant then list as relevant]

(d) in the section headed “4. Type of amendment(s)”, in the words in square brackets—

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

(ii) for “14(1)” substitute “ 14(1a) ”;

(e) in the section headed “6. Annexes”, in the paragraph numbered 6.2 omit the words from “as” to the end.

(47) In Annex 5—

(a) in the heading, after “A” insert “ THIRD COUNTRY ”;

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

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

(ii) after “definition of” insert “ third country ”;

(iii) for “14(1)” substitute “ 14(2c) ”;

(d) in the section headed “4. Annexes”—

(i) in the paragraph numbered 4.1, after “approved” insert “ third country ”;

(ii) in the paragraph numbered 4.2, after “approving the” insert “ third country ”;

(iii) in the paragraph numbered 4.5 omit the words from “as” to the end.

(48) In Annex 6—

(a) in the heading, after “A” insert “ THIRD COUNTRY ”;

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

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

(ii) after “definition of ‘” insert “ third country ”;

(iii) for “14(2)” substitute “ 14(2d) ”;

(d) in the section headed “4. Annexes”—

(i) in the paragraph numbered 4.1, after “approved” insert “ third country ”;

(ii) in the paragraph numbered 4.2, after “the” insert “ third country ”.

(49) In Annex 7—

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

(b) in the section headed “2. Member State or Third Country to which the demarcated area belongs”—

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

(ii) after the heading insert—

[If more than one is relevant then list as relevant]

(c) in the section headed “3. Person, body, Member State or Third Country making the cancellation request”, in the heading omit “, Member State”.

(50) In Annex 8—

(a) for “[to be completed by the Commission]”, in both places it occurs, substitute “ [for official use only] ”;

(b) omit “Language of the application …”;

(51) In Annex 9—

(a) for “[to be completed by the Commission]”, in both places it occurs, substitute “ [for official use only] ”;

(b) omit “Language of the objection …”;

(d) in the section headed “Intermediary”—

(i) omit the first indent;

(ii) for the second indent substitute—

Third country authority (optional)

(iii) omit “[() delete as appropriate]*”.

(52) In Annex 10—

(a) for “[to be completed by the Commission]”, in both places it occurs, substitute “ [for official use only] ”;

(b) omit “Language of request of modification …”.

(53) In Annex 11—

(a) for “[to be completed by the Commission]”, in both places it occurs, substitute “ [for official use only] ”;

(b) omit “Language of request of cancellation …”.

(54) Omit Annex 12.

Regulation (EU) 2019/787 of the European Parliament and of the Council

28

(1) 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 is amended as follows.

(2) In Article 3—

(a) in point (5), for “Regulation (EC) No” substitute “ EU Regulation ”;

(b) in point (7), for “Union” substitute “ United Kingdom ”;

(3) In Article 16—

(a) in the heading omit “Union”;

(b) in the paragraph omit “Union”.

(4) For Article 20 substitute—

The Secretary of State may, by regulations, make rules on the use of the symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks.

(5) In Article 21—

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

(b) in paragraph 4, for “the customs territory of the Union” substitute “ Great Britain ”.

(6) In Article 22—

(a) in paragraph 1, in the second subparagraph omit the words from “, taking” to the end;

(b) in paragraph 2, for “Regulation (EC) No 110/2008” substitute “ EU Regulation 110/2008 as it had effect in Great Britain before that day ”.

(7) In Article 23—

(a) in paragraph 1, in the second subparagraph omit “the publication reference of the product specification and”;

(b) omit paragraph 2.

(8) Article 24 is amended in accordance with paragraphs (9) to (14).

(9) In paragraph 2—

(a) for “a Member State may” substitute “ the Secretary of State may, on application to the Secretary of State, ”;

(b) omit “dossier”;

(10) In paragraph 4—

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

(b) in the second subparagraph—

(i) in the first sentence—

(aa) for “Commission by a Member State concerned, or” substitute “ Secretary of State ”;

(bb) omit “in a third country concerned, directly”;

(cc) for “of that third country after consultation” substitute “ of a third country concerned, after consultation, in both cases, ”;

(ii) omit the second sentence;

(iii) in the last sentence, for “in all Member States and third” substitute “ , as relevant, in all the ”.

(11) In paragraph 5—

(a) in the first subparagraph—

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

(ii) for “authorities of that Member State” substitute “ Secretary of State ”;

(b) omit the second subparagraph.

(12) Omit paragraphs 6 and 7.

(13) In paragraph 8, for “Commission” substitute “ Secretary of State ”.

(14) In paragraph 9, for “Commission” substitute “ Secretary of State ”.

(15) Omit Article 25.

(16) In Article 26—

(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 “it”, in the first place it occurs, substitute “ the Secretary of State ”;

(cc) for “outside the Member State of application” substitute “ both inside and outside of Great Britain ”;

(ii) in the second subparagraph—

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

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

(cc) omit “Member State or third”;

(dd) after the second sentence insert—

In a case of an application relating to an area in more than one country, the names of all the relevant countries must be stated on the list.

(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 23(1)(b) and the single document referred to in Article 23(1)(c) in such manner as appears appropriate to the Secretary of State from time to time ”.

(17) In Article 27—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for the words from “of publication” to “in a third country” substitute “ on which the product specification and single document are published in accordance with Article 26(2), a natural or legal person having a legitimate interest (whether established in Great Britain or elsewhere), or the authorities of a third country, ”;

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

(ii) omit the second subparagraph;

(iii) in the last subparagraph—

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

(bb) for “authority or body” substitute “ applicant or authority ”;

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

(i) in the first subparagraph—

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

(bb) for “authority or body” substitute “ applicant or authority ”;

(ii) in the second subparagraph—

(aa) for “authority or body” substitute “ applicant or authority ”;

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

(iii) in the third subparagraph—

(aa) for “authorities of the Member State or” substitute “ applicant that submitted the application or the authorities ”;

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

(cc) omit “of a Member State or”;

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

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

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

(18) In Article 28—

(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(b) as it relates to Article 35(1), the opposition must be assessed in relation to the territory of the United Kingdom ”.

(19) In Article 29—

(a) in paragraph 1—

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

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

(bb) for the words from “spirit” to “country” substitute “ a spirit drink, wherever it originates from ”;

(cc) for “they were marketed” substitute “ it was marketed in Great Britain ”;

(dd) omit “Article 24(6) or”;

(ii) omit the second subparagraph;

(b) in paragraph 2—

(i) in the first subparagraph—

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

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

(ii) omit the second subparagraph.

(20) In Article 30—

(a) in paragraph 1—

(i) in the first sentence—

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

(bb) for “it”, in the first place it occurs, substitute “ the Secretary of State ”;

(cc) for “Member State or third country applicant” substitute “ applicant or the authorities of the third country ”;

(dd) for “it”, in the second place it occurs, substitute “ the applicant or the authorities, as applicable, ”;

(ii) in the second sentence—

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

(bb) for “it”, in the first place it occurs, substitute “ the Secretary of State ”;

(cc) for “it shall, by means of implementing acts,” substitute “ the Secretary of State must ”;

(iii) omit the last sentence;

(b) in paragraph 2—

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

(ii) for the words from “it” to “47(2), to” substitute “ the Secretary of State must ”;

(iii) at the end insert “ in Great Britain's GIs 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), for the words from “by” to “47(2),” substitute “ in Great Britain's GIs Register ”;

(iii) in point (b), for the words from “adopt” to the end substitute “ decide whether to register the name, and, if the Secretary of State decides to do so, register the name in Great Britain's GIs Register ”;

(d) after paragraph 4 insert—

(5) 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 43 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. (6) An implementing act to which paragraph 7 applies is revoked. (7) This paragraph applies to an implementing act adopted by the European Commission under Article 30 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA.

(21) In Article 31—

(a) in paragraph 3, number the third subparagraph as paragraph 8;

(b) renumber paragraph 4 as paragraph 9;

(d) renumber paragraph 6 as paragraph 12;

(e) in paragraph 2—

(i) in point (a)—

(aa) for “Union”, in the first place it occurs, substitute “ non-standard ”;

(bb) for “at Union level” substitute “ under Article 27, as applied to applications for non-standard amendments by paragraph 9 ”;

(ii) in point (b)—

(aa) after “amendments” insert “ . Standard amendments to a product specification for a geographical indication relating to an area in a third country are ”;

(bb) omit “Member State or”;

(f) in paragraph 3, in the words before point (a), for “Union” substitute “ non-standard ”;

(g) after the second subparagraph of paragraph 3 insert—

(4) Standard amendments are classified into four sub-categories taking into account the geographical area of the geographical indication affected by the amendment, the reason for the amendments and whether the amendments are being applied for on a temporary basis, as follows: (a) UK standard amendments; (b) UK temporary amendments; (c) third country standard amendments; (d) third country temporary amendments. (5) A UK standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in the United Kingdom. (6) A UK temporary amendment is a standard amendment concerning a temporary change in a product specification for a geographical indication relating to a geographical area in the United Kingdom: (a) resulting from the imposition of obligatory sanitary and 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. (7) A third country standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in a third country.

(h) in paragraph 8 (as numbered by sub-paragraph (a))—

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

(ii) after “considered a” insert “ third country ”;

(iii) after “authorities”, in both places it occurs, insert “ of the third country concerned ”;

(i) in paragraph 9 (as renumbered by sub-paragraph (b))—

(i) for “Union”, in the first place it occurs, substitute “ Non-standard ”;

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

(iii) for “Union”, in the second place it occurs, substitute “ non-standard ”;

(j) after paragraph 9 (as renumbered by sub-paragraph (b)) insert—

(10) A UK standard amendment and a UK temporary amendment must be approved by the Secretary of State.

(k) in paragraph 11 (as renumbered by sub-paragraph (c))—

(i) omit the first sentence;

(ii) in the second sentence, for “As regards third countries,” substitute “ Third country standard amendments and third country temporary ”;

(l) after paragraph 12 (as renumbered by sub-paragraph (d)) insert—

(13) An implementing act to which paragraph 14 applies is revoked. (14) 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 geographical indication protected in the European Union at the time the application was submitted, (b) adopted by the European Commission pursuant to Article 31 of EU Regulation 2019/787 following the procedure referred to in paragraph 4 of that Article, and (c) incorporated into domestic law by section 3(1) of the EUWA.

(22) In Article 32—

(a) in paragraph 1, in the first subparagraph, in the words before point (a)—

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

(ii) omit “adopt implementing acts to”;

(b) in paragraph 2—

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

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

(i) for the words from “adopting” to “unless” substitute “ taking a decision to cancel a geographical indication, the Secretary of State must consult the original applicant. In the case of a geographical indication relating to an area in a third country, the Secretary of State must, where possible, consult the third country applicant who originally applied for the registration of the geographical indication or, where this is not possible, the authorities of the relevant third country. The provisions of this paragraph do not apply if ”;

(ii) for “those original applicants” substitute “ the original applicant ”;

(d) omit paragraph 4;

(e) insert at the end as paragraphs 5 to 7—

(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 32 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA. (7) In this Article, in relation to a geographical indication to which paragraph 1 or 2 applies, ‘the original applicant’ means the person who submitted the application to the Secretary of State under Article 24 that resulted in the Secretary of State making the decision to register the geographical indication under this Regulation.

(23) In Article 33—

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

(b) in paragraph 2—

(i) in the second subparagraph, for the words from “provide” to the end substitute “ contain a copy of the single document and product specification for each geographical indication ”;

(ii) in the fourth subparagraph, for the words from “Commission” to “by” substitute “ Secretary of State may make regulations ”;

(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 entered in the register.

(24) In Article 35—

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

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

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

(b) after paragraph 3 insert—

(4) In this Article, ‘the relevant legislation’ 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.

(25) In Article 36(2)—

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

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

(d) for the words from “under” to the end substitute “ in, or under, the Trade Marks Act 1994 ”.

(26) In Article 37—

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

(b) in the first sentence, for the words from the beginning to “that Regulation” substitute “ Established geographical indications ”;

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

(ii) at the end insert “ and the registration takes effect on IP completion day ”.

(27) Article 38 is amended in accordance with paragraphs (28) to (34).

(28) In paragraph 1—

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

(b) after “drinks” insert “ in Great Britain ”.

(29) In paragraph 2—

(a) in the first subparagraph—

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

(ii) for point (a) and the “or” following it substitute—

(a) the authority designated for that purpose by regulation 5 of the Spirit Drinks Regulations 2008 as that regulation extends to Great Britain; or

(iii) in point (b)—

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

(bb) for “(EC) No 882/2004” substitute “ (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) in the second subparagraph, for “a Member State applies Article 24(2)” substitute “ Article 24(2) applies ”;

(30) After paragraph 2 insert—

(2a) But, to the extent specified in paragraph 2b, paragraph 2 does not apply where the authority referred to in paragraph 2(a) or a delegated body referred to in paragraph 2(b) has previously verified that the relevant spirit drink complies with the specifications in a corresponding EU product specification for a corresponding EU geographical indication in connection with the placing of the relevant spirit drink on the market in Northern Ireland. (2b) Paragraph 2a applies to the extent that the specifications in the corresponding EU product specification for the corresponding EU geographical indication are the same as the specifications in the GB product specification for the registered geographical indication.

(31) In paragraph 3—

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

(b) after the words before point (a) insert as point (aa)—

(aa) in relation to a product produced in Northern Ireland, the authority designated for that purpose by regulation 5 of the Spirit Drinks Regulations 2008 as that regulation extends to Northern Ireland;

(d) in point (b), at the beginning insert “ in relation to a product produced in Northern Ireland or a third country, ”.

(32) For paragraph 4 substitute—

(4) The Secretary of State must: (a) publish, in such manner as appears appropriate to the Secretary of State, the names and addresses of the competent authorities and bodies referred to in paragraphs 2 and 3, and (b) update that information in such manner as appears appropriate to the Secretary of State from time to time.

(33) In paragraph 5—

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

(b) omit the words from “or” to the end.

(34) After paragraph 6 insert—

(7) In relation to a relevant spirit drink that is to be placed on the market in Great Britain— (a) ‘a corresponding EU geographical indication’ means a geographical indication which is protected in the European Union under EU Regulation 2019/787 and that corresponds to the registered geographical indication; (b) ‘a corresponding EU product specification’ means— (i) a product specification for a corresponding EU geographical indication, as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication, or (ii) a technical file for a corresponding EU geographical indication that is deemed to be a product specification under Article 22 of EU Regulation 2019/787 by virtue of Article 22(2) of that Regulation as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication; (c) ‘the GB product specification’ means the product specification referred to in Article 22(1) for the registered geographical indication and includes a technical file for a registered geographical indication that is deemed to be a product specification under that Article by virtue of Article 22(2).

(35) In Article 39—

(a) in paragraph 1—

(i) for “Member States shall carry out checks” substitute “ Checks must be carried out ”;

(ii) omit “shall take”;

(iii) after “measures” insert “ must be taken ”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) omit “Member States shall take”;

(bb) after “steps” insert “ must be taken ”;

(cc) for “their territory” substitute “ Great Britain ”;

(ii) in the second subparagraph—

(aa) for “Member States shall designate the authorities that” substitute “ the authorities designated in regulation 6 of the Spirit Drinks Regulations 2008 in relation to this Article, as that regulation extends to Great Britain, ”;

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

(i) omit the first sentence;

(ii) in the second sentence—

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

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

(36) In Article 40—

(a) in paragraph 1, for “(EC) No 882/2004” substitute “ (EU) 2017/625 ”;

(b) in paragraph 2—

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

(ii) for “41 to 43 of Regulation (EC) No 882/2004” substitute “ 109(1), 110(2) and 111(2) of Regulation (EU) 2017/625 ”;

(c) in paragraph 3, for “44(1) of Regulation (EC) No 882/2004” substitute “ Article 113(1) of Regulation (EU) 2017/625 ”.

(37) In Article 41—

(a) for the heading substitute— “ Article 41 Power to make supplementary provisions by regulations ”;

(b) in paragraph 1—

(i) in the words before point (a), for the words from “Commission” to “46” substitute “ Secretary of State may make regulations ”;

(ii) in point (b)—

(aa) omit the words from the beginning to “24,”;

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

(i) for the words from “Commission” to “46” substitute “ Secretary of State may make regulations ”;

(ii) for “the Union” substitute “ non-standard ”.

(38) In Article 42—

(a) for the heading substitute— “ Article 42 Power to make detailed rules by regulations ”;

(b) in paragraph 1—

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

(ii) in point (c)—

(aa) for “Union amendments” substitute “ non-standard, UK standard and UK temporary amendments as referred to in Article 31(3), (5) and (6) respectively, ”;

(bb) for “standard and” substitute “ third country standard and third country ”;

(cc) for “31(4) and (5)” substitute “ 31(7) and (8) ”;

(iii) in point (e) omit “by the Member States”;

(d) omit paragraph 3.

(39) After Chapter 3 insert the new Chapter 4 in Part 2 of Schedule 10.

(40) For Article 46 substitute—

(1) Regulations made under this Regulation are to be made by statutory instrument. (1A) A statutory instrument containing regulations under Article 36d(4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (1B) Any other statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (2) Such regulations may: (a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking an enactment); (b) make different provision for different purposes. (3) In this Article, ‘enactment’ means: (a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland; (b) regulations made under retained direct principal EU legislation, except to the extent that they extend to Northern Ireland; (c) retained direct minor EU legislation, except to the extent that it extends to Northern Ireland.

(41) Omit Article 47.

(42) In Article 49—

(a) omit paragraphs 1 and 2;

(b) in paragraph 3—

(i) after “shall” insert “ , so far as they relate to matters previously covered by Chapter 3 of Regulation (EC) No 110/2008 as it had effect in EU law before it was repealed by Article 49 of EU Regulation 2019/787, ”;

(ii) for “correlation table” substitute “ entries in the correlation table relating to that Chapter ”.

(43) In Article 50—

(a) omit paragraph 1;

(b) omit paragraph 4;

(i) in the first sentence, for the words from “geographical” to the end substitute “ an established geographical indication originally registered in accordance with EU Regulation 110/2008 the Secretary of State must, at the request of any natural or legal person having a legitimate interest, or, in the case of an established geographical indication relating to an area in a third country, via the authorities of the third country, publish a single document relating to the geographical indication submitted by that applicant or authority ”;

(ii) in the second sentence—

(aa) for “the publication reference” substitute “ a copy ”;

(bb) after “and” insert “ , unless the Secretary of State decides otherwise, ”.

(44) After Annex 1 insert the new Annex 2 in Part 3 of Schedule 10.

Commission Delegated Regulation (EU) 2019/934

29

(1) Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files is amended as follows.

(2) In Article 1, omit “wine-growing areas where the alcoholic strength may be increased,”.

(3) After Article 1 insert—

In this Regulation: (a) ‘the 1990 Act’ means the Food Safety Act 1990; (b) ‘appropriate authority’ means: (i) in relation to England, the Secretary of State; (ii) in relation to Scotland, the Scottish Ministers; (iii) in relation to Wales, the Welsh Ministers; (c) ‘constituent nation’ means England, Scotland or Wales as the case may be.

(4) Omit Article 2.

(5) In Article 4—

(a) in paragraph 1—

(i) in the first subparagraph, for “each Member State may authorise” substitute “ the appropriate authority may, on application, authorise, in particular cases, by administrative decision ”;

(ii) in point (c)—

(aa) for “Member State” substitute “ appropriate authority ”;

(bb) for “Commission and the other Member States” substitute “ other appropriate authorities ”;

(b) in paragraph 2, for the words from “Member State other” to “of the Member State” substitute “ constituent nation other than the constituent nation concerned provided the appropriate authority authorising the experiment gives prior notification to the appropriate authority of the constituent nation ”;

(i) for “Member State” substitute “ appropriate authority ”;

(ii) for “Commission”, in the first place it occurs, substitute “ other appropriate authorities ”;

(iii) omit the final sentence;

(d) in paragraph 4—

(i) in the first sentence—

(aa) for “Member State concerned” substitute “ appropriate authority that authorised the experiment ”;

(bb) for “Commission” substitute “ other appropriate authorities ”;

(ii) for the second sentence substitute—

The applicant must submit appropriate supporting information with the application.

(iii) for the final sentence substitute—

An application for authorisation to continue an experiment must be approved by the other appropriate authorities.

(e) omit paragraph 5.

(6) In Article 10—

(a) in paragraph 1, for “Member States may authorise” substitute “ nothing in this Regulation prevents regulations from being made under the 1990 Act authorising ”;

(b) for paragraph 3 substitute—

(3) Nothing in this Regulation prevents regulations from being made under the 1990 Act: (a) requiring denaturing agents or indicators to be added to wines referred to in the first sentence of paragraph 1 in order to make them more easily identifiable; (b) where the appropriate authority is of the opinion that it is justified, prohibiting uses provided for in the second sentence of paragraph 1 and requiring relevant products to be destroyed.

(c) in paragraph 4, for “Union or national rules in force” substitute “ law that was in force in the relevant constituent nation immediately ”.

(7) In Article 11, in the second sentence, for “Member States may permit” substitute “ nothing in this Regulation prevents regulations from being made under the 1990 Act authorising ”.

(8) Omit Article 12.

(9) In Article 13—

(a) in paragraph 1—

(i) in the first sentence, for “Member States shall” substitute “ the appropriate authority must, by regulations made under the 1990 Act, ”;

(ii) in the second sentence, for “Member States may” substitute “ The appropriate authority may, by regulations made under the 1990 Act, ”;

(b) in paragraph 2, for “by Member States” substitute “ in regulations made by the appropriate authority ”;

(i) in the words before point (a), for “strengths” substitute “ strength ”;

(ii) for the words from “in the different” to the end substitute “ is 8.0% ”.

(10) In Article 14—

(a) in paragraph 1, for “authorities of the Member States” substitute “ authority of the relevant constituent nation ”;

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

(c) in paragraph 3, for “Member States may decide” substitute “ Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide ”;

(d) in paragraph 4, for “Member State” substitute “ constituent nation ”;

(e) in paragraph 5—

(i) for “Member States may decide” substitute “ Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide ”;

(ii) omit “made”;

(f) after paragraph 5 insert—

(6) In this Article, ‘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.

(11) After Article 17 omit the words from “This Regulation” to “States.”.

Commission Implementing Regulation (EU) 2019/935

30

(1) Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength is amended as follows.

(2) In Article 1 omit “by Member States”.

(3) In Article 2—

(a) in the heading, omit “Union”;

(b) omit “Union”.

(4) In Article 3—

(a) in the heading, omit “Member States”;

(b) in paragraph 1—

(i) for “Member States”, in the first place it occurs, substitute “ An appropriate authority ”;

(ii) for “Commission” substitute “ other appropriate authorities ”;

(iii) for “In the notification, the Member States” substitute “ The notification ”;

(iv) for “they” substitute “ the appropriate authority ”;

(2) In this Article, ‘appropriate authority’ means: (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.

(5) After Article 4 omit the words from “This Regulation” to “States.”.

Regulation (EU) 2019/1753 of the European Parliament and of the Council

31

Regulation (EU) 2019/1753 of the European Parliament and of the Council on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications is revoked.

Commission Implementing Regulation (EU) 2020/198

32

(1) Commission Implementing Regulation (EU) 2020/198 laying down rules for the application of Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the establishment of the register of geographical indications protected in the sector of aromatised wine products and the listing of the existing geographical designations in that register is amended as follows.

(2) In Article 1—

(a) omit paragraph 1;

(b) in paragraph 2, after “register” insert “established and maintained by the Secretary of State under Article 21 of Regulation (EU) No 251/2014 (‘the register’)”.

(3) In Article 2, in the words before point (a)—

(a) at the beginning insert “ The Secretary of State must list ”;

(b) omit “are listed”.

(4) After Article 3 omit the words from “This Regulation” to “States.”.

SCHEDULE 1 — Regulation (EC) No 110/2008 of the European Parliament and of the Council: new Articles 25 to 25c

SCHEDULE 2 — Regulation (EU) No 1151/2012 of the European Parliament and of the Council: new provisions

PART 1 — Article 3: new definitions

PART 2 — New Article 3a

PART 3 — New Articles 14a and 14b

PART 4 — New Article 52a

PART 5 — New Title 5A

PART 6 — New Article 56

PART 7 — New Annexes 1A and 1B

SCHEDULE 3 — Regulation (EU) No 1308/2013 of the European Parliament and of the Council: new provisions

PART 1 — New Article 93a

PART 2 — New Articles 102a and 102b

PART 3 — New Annex 9A

SCHEDULE 4 — Regulation (EU) No 251/2014 of the European Parliament and of the Council: new provisions

PART 1 — Article 2: new points (4) to (19)

PART 2 — New Article 9a

PART 3 — New Articles 19a and 19b

PART 4 — Article 21: new paragraphs 2 to 10

PART 5 — New Articles 25a and 25b

PART 6 — New Article 33

PART 7 — Annex 1, point (5): new subparagraph

PART 8 — New Annexes 2A and 2B

SCHEDULE 5 — Commission Delegated Regulation (EU) No 664/2014: new provisions

PART 1 — Article 6: new paragraphs 4 to 4o

PART 2 — New Annex

SCHEDULE 6 — Commission Implementing Regulation (EU) No 668/2014: new provisions

PART 1 — Article 14: new paragraphs 3 to 3n and 4 to 6

PART 2 — New Articles 14a and 14b

SCHEDULE 7 — Commission Delegated Regulation (EU) 2018/273: new provisions

PART 1 — Annex 6, Part 2, Section A: new template for the wine export certificate referred to in Article 12(1)(b)

PART 2 — Annex 7: new Parts 1 and 2

SCHEDULE 8 — Commission Delegated Regulation (EU) 2019/33: new provisions

PART 1 — New Articles 1a and 1b

PART 2 — Article 18: new paragraphs 1 to 1n

PART 3 — New Articles 32a and 32b

PART 4 — Chapter 3: new Section 6

PART 5 — New Article 61

PART 6 — New Annexes A1 and A2

PART 7 — Annex 1: new Part A

PART 8 — New Annexes 2 and 3

SCHEDULE 9 — Commission Implementing Regulation (EU) 2019/34: new provisions

PART 1 — New Article 1a

PART 2 — Article 12: new paragraphs 2 to 2l

PART 3 — New Article 12a

PART 4 — New Article 25a

SCHEDULE 10 — Regulation (EU) 2019/787 of the European Parliament and of the Council: new provisions

PART 1 — Article 3: new points (8) to (15)

PART 2 — New Chapter 4

PART 3 — New Annex 2

Signed

Victoria Prentis — Parliamentary Under Secretary of State

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68 (“the ECA 1972”). Section 2(2) of the ECA 1972 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The ECA 1972 is repealed on exit day by the European Union (Withdrawal) Act 2018 (c. 16) (“the EUWA 2018”), but continues to have effect until IP completion day pursuant to section 1A of the EUWA 2018, inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). For the meaning of “IP completion day” see section 39 of the European Union (Withdrawal Agreement) Act 2020. See Part 3 of Schedule 8 to the EUWA 2018 as regards savings and transitional provisions in respect of the ECA 1972.

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