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

In this Regulation: (a) ‘the 1990 Act’ means the Food Safety Act 1990; (b) ‘the EUWA’ means the European Union (Withdrawal) Act 2018; (c) ‘Regulation 607/2009’ means Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products; (d) ‘EU Regulation 2019/33’ means Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation as it had effect before IP completion day; (e) ‘the 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; (f) ‘an Article 115(2) approval notice’ means a notice published under the second subparagraph of Article 115(2) of Regulation (EU) No 1308/2013 relating to a decision of the Secretary of State to approve an application to protect a traditional term; (g) ‘constituent nation’ means England, Northern Ireland, Scotland or Wales as the case may be; (h) ‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom; (i) ‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly; (j) ‘established protected traditional terms’ means traditional terms within the meaning of Article 112 of Regulation (EU) No 1308/2013 to which Article 54(2) of the EU withdrawal agreement applies; (k) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a traditional term used in the third country in the European Union; (l) ‘FTT’ means the First-tier Tribunal; (m) ‘Great Britain's Traditional Terms Register’ mean the register referred to in Article 25 of Implementing Regulation (EU) 2019/34; (n) ‘the original applicant’, in a case where an appeal has been made in respect of a decision made by the Secretary of State in relation to a traditional term following the submission of an application under Article 21 of Implementing Regulation (EU) 2019/34 or Article 34 of this Regulation, or a request made under Article 35 of this Regulation, means the person who submitted the application or request; (o) ‘the original (protection) applicant’, in relation to a traditional term protected under Article 113 of Regulation (EU) No 1308/2013 following the approval of an application submitted to the Secretary of State under Article 21 of Implementing Regulation (EU) 2019/34, means the person who submitted that application; (p) ‘the relevant period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls; (q) ‘third country means— (i) for the purposes of the definition of ‘EUIA’ in point (k), Article 32c and Annex A1 (other than the reference in paragraph (ii)), any country other than: (aa) any part of the British Islands, or (bb) a member State; (ii) for the purposes of the reference in column 2 of row 5 of the Types Table in Part 3 of Annex A1, any country other than any part of the British Islands; (iii) for all other purposes, any country other than the United Kingdom, and includes: (aa) the Bailiwick of Guernsey; (bb) the Bailiwick of Jersey; (cc) the Isle of Man; (r) ‘third country standard amendment’ has the meaning given by Article 14(2c); (s) ‘third country temporary amendment’ has the meaning given by Article 14(2d); (t) ‘the TMA’ means the Trade Marks Act 1994; (u) ‘the Types Table’ means the table in Part C of Annex A1; (v) ‘UK standard amendment’ has the meaning given by Article 14(2a); (w) ‘UK temporary amendment’ has the meaning given by Article 14(2b). In Article 32a and Annex A1 any reference to: (a) ‘a type 1 traditional term’ means a traditional term of a type described in column 2 of row 1 of the Types Table; (b) ‘a type 2A traditional term’ means a traditional term of the type described in column 2 of row 2 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies; (c) ‘a type 2B traditional term’ means a traditional term of the type described in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply; (d) ‘a type 3A traditional term’ means a traditional term of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies; (e) ‘a type 3B traditional term’ means a traditional term of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of that row apply; (f) ‘a type 4A traditional term’ means a traditional term of the type described in column 2 of row 4 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies; (g) ‘a type 4B traditional term’ means a traditional term of the type described in column 2 of row 4 of the Types Table to which the provisions in column 4 of row 3 of that table apply; (h) ‘a type 5A traditional term’ means a traditional term of the type described in column 2 of row 5 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies; (i) ‘a type 5B traditional term’ means a traditional term of the type described in column 2 of row 5 of the Types Table to which the provisions in column 4 of row 3 of that table apply.

(1) Paragraphs 1a to 1n apply to an application for a UK temporary amendment to a product specification for a protected designation of origin or protected geographical indication (‘a UK temporary amendment application’). (1a) A UK temporary amendment application must be made to the Secretary of State. (1b) The procedures laid down in Articles 94 and 97 to 99 of Regulation (EU) No 1308/2013 do not apply to a UK temporary amendment application. (1c) A UK temporary amendment application may be made by a group of producers having a legitimate interest in the relevant protected designation of origin or protected geographical indication unless the application to register the designation of origin or geographical indication was made by a single applicant, in which case the temporary amendment application may be made by that person. (1d) If a UK temporary amendment application is not made by the original (protection) applicant, the Secretary of State must give the original (protection) applicant the opportunity to make comments on the application if that applicant still exists. (1e) A UK temporary amendment application must: (a) describe the amendment applied for, (b) be accompanied by a copy of the product specification and, where relevant, the single document, showing the proposed temporary amendment, (c) compare for each amendment: (i) the original product specification against the proposed modified product specification, and (ii) where relevant, the original single document against the proposed modified single document, (d) provide an explanation of why the temporary amendment is needed, and (e) provide an estimate, where this is possible, of how long it is anticipated that the temporary amendment will be needed for. (1f) A UK temporary amendment application that does not comply with paragraph 1e is inadmissible. (1g) Where a UK temporary amendment application is inadmissible, the Secretary of State must inform the applicant that the application is inadmissible as soon as reasonably practicable after receiving the application. (1h) The Secretary of State may approve a UK temporary amendment application if the Secretary of State considers that a temporary amendment to the product specification is appropriate. (1i) Where a UK temporary amendment application is approved, the Secretary of State must specify the period during which the temporary amendment is to apply. (1j) The period during which an approved temporary amendment is to apply may be specified by reference to a set period of time or may be specified by reference to the happening of a specified event. (1k) The Secretary of State, in deciding the period for which an approved temporary amendment is to apply, must take into account the conditions prevailing at the time the decision to approve the application is taken and, where possible, the period for which the Secretary of State anticipates that those conditions will continue. (1l) The Secretary of State may, on an application by a group of producers or single applicant who made a UK temporary amendment application under paragraph 1a, as read with paragraph 1c, extend the period during which a relevant approved temporary amendment is to apply on one or more occasions if the Secretary of State considers that it is appropriate to do so having regard to the conditions prevailing at the time that decision is made. (1m) After making a decision on a UK temporary amendment application, 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 39a against the decision and the period within which an appeal may be made, and (b) where the application is approved, details of the approved temporary amendment and the period during which that temporary amendment is to apply. (1n) Where a UK temporary amendment application is approved and the period during which the temporary amendment is to apply is extended, the Secretary of State must, on each occasion the period is extended, publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the applicant, the original (protection) applicant (if different) and the public that the period has been extended and the reasons for that decision and specifying the extended period during which the temporary amendment is to apply.

(1) Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will not respect the definition in Article 112 of Regulation (EU) No 1308/2013 and the conditions of use in Article 113 of that Regulation in relation to a category A traditional term. (2) Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where: (a) if the trade mark is registered, the use of the trade mark will not respect the definition in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 of that Regulation in relation to a category B traditional term, and (b) after the application for the trade mark is accepted but before the trade mark is registered: (i) in the case of a type 2B traditional term: (aa) the international agreement referred to in paragraph (c) of column 2 of row 2 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and (bb) the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered; (ii) in the case of any other category B traditional term: (aa) the Secretary of State publishes an Article 115(2) approval notice relating to the traditional term, and (bb) the Article 115(2) approval notice is brought to the attention of the registrar before the trade mark is registered. (3) Where an application for a declaration of invalidity is made under the TMA (as applied by Article 32b(1) and modified by Article 32b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if: (a) the application to register the trade mark was pending immediately before IP completion day or filed during the relevant period, (b) the use of the trade mark does not, or will not, if used, respect the definition in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 of that Regulation in relation to a category B traditional term, and (c) in the case of a type 3B, 4B or 5B traditional term, the Secretary of State publishes an Article 115(2) approval notice relating to the traditional term on or after the day on which the trade mark application is accepted. (4) This paragraph applies where a column 5 date applies in relation to a category A or B traditional term and, taking account of any priority claimed in respect of an application to register the trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant traditional term. (5) As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 2A, 3A or 4A traditional term where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the traditional term provides that an application for a trade mark must be refused, regardless of when that application is filed, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the traditional term (6) As regards paragraph 3, a column 5 date does not apply in relation to a type 2B, 3B or 4B traditional term where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the traditional term provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is filed, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the traditional term. (7) Where a traditional term falls within the definition of more than one type of traditional term in Article 1b, the column 5 date to be taken into account for the purpose of paragraph 4 is the earliest of the column 5 dates for the relevant types of traditional term. (8) In a case of a category A or B traditional term that is not on Great Britain's Traditional Terms Register at the time an assessment is carried out under paragraph 1, 2 or 3, the traditional term is to be treated, for the purpose of the assessment, as being a protected traditional term in determining whether the use of the trade mark will contravene Article 113 in relation to that traditional term. (9) A trade mark that could be used under Article 32(3) of EU Regulation 2019/33 in the United Kingdom immediately before IP completion day may continue to be used in Great Britain on and after IP completion day: (a) notwithstanding that the use of the trade mark would not respect the definition in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 of that Regulation in relation to a traditional term registered by the Secretary of State under this Regulation; (b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA. (10) Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 32(3) of EU Regulation 2019/33 immediately before IP completion day from being renewed after IP completion day: (a) notwithstanding that the use of the renewed trade mark would not respect the definition in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 of that Regulation in relation to a traditional term registered by the Secretary of State under this Regulation; (b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA. (11) Where paragraph 9 or 10 applies to the use or renewal of a trade mark, this does not affect the use of: (a) an established protected traditional term entered on Great Britain's Traditional Terms Register pursuant to Article 39; (b) a traditional term entered on Great Britain's Traditional Terms Register by the Secretary of State following a decision by the Secretary of State to approve an application to protect the traditional term submitted under Article 21 of Implementing Regulation (EU) 2019/34; (c) a traditional term entered on Great Britain's Traditional Terms Register by the Secretary of State under Article 25(3) of Implementing Regulation (EU) 2019/34. (12) In this Article: (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) ‘a category A traditional term’ means a type 1, 2A, 3A, 4A or 5A traditional term; (c) ‘a category B traditional term’ means a type 2B, 3B, 4B or 5B traditional term; (d) ‘column 5 date’, in relation to a traditional term that is a category A or B traditional term, means the date specified, or provided for, in column 5 of the Types Table in the row relating to the relevant type of traditional term; (e) ‘date of filing’: (i) in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA for the existing EUTM application; (ii) in the case of an ITM-based trade mark application, means: (aa) in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be); (bb) in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be); (iii) in any other case, has the meaning given by section 33 of the TMA; (f) ‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule; (g) ‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA; (h) ‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA; (i) ‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA; (j) ‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule; (k) ‘the registrar’ has the meaning given by section 62 of the TMA. (13) Any reference in this Article to: (a) ‘priority claimed in respect of an application’: (i) in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA; (ii) in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA; (iii) in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA; (b) an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day; (c) a trade mark includes a reference to: (i) a collective mark as defined in section 49(1) of the TMA; (ii) a certification mark as defined in section 50(1) of the TMA. (1) For the purpose of Article 32a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2: (a) subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 32a(3); (b) section 72 (registration to be prima face evidence of validity); (c) section 73 (certificate of validity of contested application); (d) section 74 (registrar's appearance in proceedings involving the register of trade marks); (e) section 75 (definition of ‘the court’); (f) section 76 (appeals) except for subsection (5); (g) section 77(1) (persons appointed to hear and determine appeals). (2) The modifications are: (a) section 47 applies as if: (i) in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 32b(1) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation,’; (ii) in subsection (5), for ‘grounds of invalidity’ there were substituted ‘ground for invalidity specified in Article 32a(3) of Commission Delegated Regulation (EU) 2019/33 exists’; (b) section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’; (c) section 76(1) applies as if: (i) in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 32a(3) of Commission Delegated Regulation (EU) 2019/33’; (ii) the second paragraph were omitted; (d) section 77(1) applies as if, at the end there were inserted ‘as applied by Article 32b(1) of Commission Delegated Regulation (EU) 2019/33’. (3) In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA: (a) an application to invalidate a trade mark referred to in Article 32a(3); (b) an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).

SECTION 6 (1) An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Annex A2. (2) Such an appeal may be made: (a) in all cases, by a person or third country authority specified in the corresponding entry in column 2 of the table in Annex A2; (b) in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country. (3) In determining such an appeal the FTT: (a) must consider the decision appealed against afresh; (b) may take into account evidence that was not available to the Secretary of State. (4) The FTT may: (a) dismiss the appeal, or (b) if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Annex A2. (5) Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision: (a) the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision; (b) the provisions of this Section and Annex A2 apply to the fresh decision made by the Secretary of State. (6) An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Annex A2 does not prevent an entry recorded on Great Britain's Traditional Terms Register by the Secretary of State following that decision from having effect. (7) The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and: (a) in a case where the FTT quashes the Secretary of State's decision and directs the Secretary of State to take specified action, that action has been taken; (b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State. (1) The Secretary of State may consider a decision specified in column 1 of the table in Annex A2 (‘the original decision’) afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time the original decision was made. (2) Paragraph 1 applies even though an appeal has been made in respect of the original decision. (3) Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision: (a) the Secretary of State must notify the FTT of the Secretary of State's decision to consider the original decision afresh and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision; (b) the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter; (c) the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision and the reasons for that decision. (4) If the Secretary of State makes the same decision again, the appeal to the FTT restarts. (5) If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

(1) Without prejudice to Article 41 of the EU withdrawal agreement, products to which paragraphs 2 and 3 apply may be marketed until stocks are exhausted. (2) This paragraph applies to grapevine products that: (a) were labelled in the United Kingdom but not placed on the market in the United Kingdom or a member State before 14th January 2019, (b) do not comply with the requirements in force under this Regulation, and (c) comply with the requirements of Regulation 607/2009 as those requirements had effect immediately before Regulation 607/2009 was repealed by EU Regulation 2019/33. (3) This paragraph applies to grapevine products that: (a) were labelled in the United Kingdom but not placed on the market in the United Kingdom or a member State before IP completion day, (b) do not comply with the requirements in force under this Regulation, and (c) comply with the requirements of EU Regulation 2019/33 as it had effect immediately before IP completion day. (4) Products to which paragraph 5 applies may be marketed: (a) before the relevant day, and (b) in relation to stocks of such products in existence immediately before the relevant day, on and after the relevant day until stocks are exhausted. (5) This paragraph applies to grapevine products that: (a) were labelled without being placed on the market, in the United Kingdom on or after IP completion day and before the relevant day, (b) do not comply with the requirements in force under this Regulation, and (c) comply with the requirements of EU Regulation 2019/33 as it had effect immediately before IP completion day. (6) In this Article: (a) ‘making available on the market’ has the meaning given in Article 40(a) of the EU withdrawal agreement; (b) ‘placed on the market’ means the first making available on the market of a grapevine product; (c) ‘the relevant day’ means the day that falls 21 months after the day on which IP completion day falls.

ANNEX A1 (1) In the table in Part C: (a) ‘EU Regulation 2019/34’ means 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 as it had effect before IP completion day; (b) ‘the European Commission's Traditional Terms Register’ means the register maintained by the European Commission under Article 25 of EU Regulation 2019/34; (c) ‘grapevine product’ means a product referred to in point 1, 3 to 6, 8, 9, 11, 15 or 16 of Part 2 of Annex 7 to Regulation (EC) No 1308/2013; (d) ‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 32a(1); (e) ‘the relevant EUIA-based date’ means the date determined in accordance with Part B; (f) ‘the relevant pre-IP completion day legislation’ means: (i) in the case of an application to register a traditional term submitted to the European Commission under Regulation 607/2009, Article 29 of that Regulation; (ii) in the case of an application to register a traditional term submitted to the European Commission under EU Regulation 2019/34, Article 21 of that Regulation; (g) ‘the relevant trade mark application’ means the application to register a trade mark referred to in Article 32a(2) or (3)(a), as relevant. (2) In the table in Part C, in a case where the relevant EUIA-based date applies, the relevant EUIA-based date means: (a) the date provided for in paragraph 3, or (b) where paragraph 3 does not apply, the date provided for in the relevant point of paragraph 4, or paragraph 5, as relevant to the traditional term. (3) In a case where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to a traditional term contained priority provisions that applied to the traditional term, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that traditional term. (4) In a case of a type 2A, 2B, 3A or 3B traditional term to which paragraph 3 does not apply, the relevant EUIA-based date is: (a) in a case where the traditional term was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA (without the need for further action to be taken under the EUIA), the date on which the amendment entered into force; (b) in a case where the traditional term was protected in the European Union immediately before IP completion day pursuant to a provision in the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the provision was provisionally applied; (c) in a case where the traditional term was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the amendment was provisionally applied; (d) in a case where the traditional term was protected in the European Union immediately before IP completion day following the submission and processing of a request, or application, for protection or assessment (however described) under a provision in the EUIA providing for such requests, or applications, the date on which the request, or application, for protection or assessment was submitted under the EUIA; (e) in any other case, including a case where the traditional term was protected in the European Union immediately before IP completion day pursuant to provisions in the EUIA that applied from the date that the EUIA entered into force (without the need for further action to be taken under the EUIA), the date on which the relevant EUIA entered into force. (5) In a case of a type 4A or 4B traditional term to which paragraph 3 does not apply and for which a request, or application, for protection or assessment (however described) was submitted before IP completion day in accordance with provisions in the EUIA, the relevant EUIA-based date is the date on which the request, or application, for protection or assessment was submitted in accordance with the EUIA. (6) Any reference in this Part to: (a) ‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including: (i) a calendar date specified in the EUIA; (ii) a date relating to the happening of a specified event; (b) ‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and traditional terms that provided (however expressed): (i) that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was filed after a date provided for in the EUIA, (ii) that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was filed after a date provided for in the EUIA, or (iii) for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii); (c) ‘without the need for further action to be taken under the EUIA’, in relation to a traditional term protected in the European Union immediately before IP completion day pursuant to an EUIA, means that the provisions in the EUIA providing for the traditional term to be protected in the European Union did not require: (i) a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the traditional term; (ii) an assessment to be carried out under the EUIA in relation to the traditional term.

ANNEX A2

Terms concerning sulphites/sulfites: ‘sulphites’ or ‘sulfites’ ‘sulphur dioxide’ or ‘sulfur dioxide’ Terms concerning eggs and egg-based products: ‘egg’ ‘egg protein’ ‘egg product’ ‘egg lysozyme’ ‘egg albumin’ Terms concerning milk and milk-based products: ‘milk’ ‘milk products’ ‘milk casein’ or ‘milk protein’

ANNEX 2 Words authorised instead of ‘producer’: ‘processor’ or ‘winemaker’ Words authorised instead of ‘produced by’: ‘processed by’ or ‘made by’ ANNEX 3

In this Regulation: (a) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect immediately before IP completion day; (b) ‘EU Regulation 2017/625’ means 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 as it had effect immediately before IP completion day; (c) ‘EU Regulation 2019/34’ means 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 as it had effect immediately before IP completion day; (d) ‘Regulation 2017/625’ means 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; (e) ‘constituent nation’ means England, Northern Ireland, Scotland or Wales; (f) ‘control body’ has the same meaning as in EU Regulation 2019/34 and is be interpreted taking into account the repeal and replacement of Regulation (EC) No 882/2004 by EU Regulation 2017/625; (g) ‘competent authority’, ‘the national competent authorities’ and ‘the responsible competent authorities’ each mean: (i) in relation to England and Wales, the competent authority specified in regulation 4(1) of the Wine Regulations 2011 as that regulation extends to Great Britain; (ii) in relation to Scotland, the competent authority specified in regulation 4(1) of the Wine Regulations 2011, as read with paragraph (3) of that regulation, as that regulation extends to Great Britain; (h) ‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom; (i) ‘Great Britain's Traditional Terms Register’ means the register referred to in Article 25(1); (j) ‘notice period’, in relation to a notice referred to in this Regulation, means the period of 20 days from the day on which the relevant notice is published, beginning with the day on which the notice is published; (k) ‘third country’ means a country, other than the United Kingdom, and includes: (i) the Bailiwick of Guernsey; (ii) the Bailiwick of Jersey; (iii) the Isle of Man; (l) ‘third country standard amendment’ has the meaning given by Article 14(2c) of Delegated Regulation (EU) 2019/33; (m) ‘third country temporary amendment’ has the meaning given by Article 14(2d) of Delegated Regulation (EU) 2019/33; (n) ‘UK standard amendment’ has the meaning given by Article 14(2a) of Delegated Regulation (EU) 2019/33; (o) ‘UK temporary amendment’ has the meaning given by Article 14(2b) of Delegated Regulation (EU) 2019/33.

(2) Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that entails a change to the information recorded in the register, the Secretary of State must as soon as possible after the expiry of the notice period for the notice: (a) record the new data for the designation of origin or geographical indication, as relevant, in the register, and (b) attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication, as relevant, to the register. (2a) The new data recorded in the register pursuant to paragraph 2(a), and the modified consolidated product specification attached to the register pursuant to paragraph 2(b), take effect immediately after: (a) the new data has been recorded in the register, and (b) the copy of the modified consolidated product specification is attached to the register. (2b) Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that does not entail a change to the information recorded in the register, the Secretary of State must attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication to the register as soon as possible after the notice period for the notice has expired. (2c) The modified consolidated product specification attached to the register pursuant to paragraph 2b takes effect immediately after the copy of it is attached to the register. (2d) This paragraph applies to: (a) a notice relating to the approval of a non-standard amendment to a product specification for a designation of origin or geographical indication published under Article 99(3) of Regulation (EU) No 1308/2013 (as it applies to an application for a non-standard amendment by virtue of Article 15(1) of Delegated Regulation (EU) 2019/33); (b) a notice relating to the approval of a UK standard amendment to a product specification for a designation of origin or geographical indication published under the Article 17(2a) of Delegated Regulation (EU) 2019/33; (c) a notice making an approved third country standard amendment to a product specification for a designation of origin or geographical indication public published under Article 17(5) or (6) of Delegated Regulation (EU) 2019/33. (2e) Where the Secretary of State publishes a notice under Article 18(1m) of Delegated Regulation (EU) 2019/33 relating to the approval of a UK temporary amendment to a product specification for a designation of origin or geographical indication, the Secretary of State must record an entry in the register relating to the UK temporary amendment in the register as soon as possible after publishing that notice. (2f) Based on the information given in a notice published under Article 18(1m) of Delegated Regulation (EU) 2019/33, the data recorded in an entry referred to in paragraph 2e must include the period during which the UK temporary amendment is to apply. (2g) Based on the information given in a notice published under Article 18(1n) of Delegated Regulation (EU) 2019/33, the period stated in the register as the period during which the UK temporary amendment is to apply must be changed where the period is extended under Article 18(1l) of that Regulation and a notice relating to that extension of that period is published under Article 18(1n) of that Regulation. (2h) A UK temporary amendment referred to in paragraph 2e takes effect immediately after the entry referred to in that paragraph (as read with paragraphs 2f) is recorded in the register. The product specification attached to the register applies, as read with the UK temporary amendment, during the period specified in the register as the period during which the UK temporary amendment is to apply. (2i) Where the Secretary of State publishes a notice making a third country temporary amendment to a product specification for a designation of origin or geographical indication public under Article 18(5) of Delegated Regulation (EU) 2019/33, the Secretary of State must record an entry in the register relating to the third country temporary amendment as soon as possible after publishing that notice. (2j) Based on the information given in a notice published under Article 18(5) of Delegated Regulation (EU) 2019/33, the information contained in the entry referred to in paragraph 2i must include the period during which the third country temporary amendment is to apply. (2k) A third country temporary amendment referred to in paragraph 2i takes effect immediately after the entry referred to in that paragraph (as read with paragraph 2j) is recorded in the register. The product specification attached to the register applies, as read with the third country temporary amendment, during the period specified in the register pursuant to paragraph 2j. (2l) The Secretary of State must remove an entry in the register relating to a UK temporary amendment or a third country temporary amendment as soon as possible after the period specified in the register as the period during which the amendment is to apply has expired.

(1) The Secretary of State must include the relevant data for each established protected designation of origin and established protected geographical indication in Great Britain's PDOs and PGIs Register. (2) The Secretary of State must include the relevant data referred to in paragraph 1 in Great Britain's PDOs and PGIs Register at the time the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State. (3) The Secretary of State must use the Secretary of State's best endeavours in relation to each established protected designation of origin and established protected geographical indication to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication, and attach that document to Great Britain's PDOs and PGIs Register. (4) Where the EU product specification for a corresponding EU designation of origin or corresponding EU geographical indication is in a foreign language the Secretary of State must attach an English language translation of that product specification to the register instead of the foreign language version of that document. (5) The Secretary of State must attach the product specification referred to in paragraph 3 (as read with paragraph 4) to Great Britain's PDOs and PGIs Register at the time when the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State. (6) The EU product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) must be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme. (7) Paragraph 6 does not prevent a product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 6 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013. (8) Where paragraph 9 applies, the Secretary of State may, in relation to an established protected designation of origin or established protected geographical indication, attach a copy of an EU single document for the corresponding EU designation of origin or corresponding EU geographical indication to the register. (9) This paragraph applies if, in relation to an established protected designation of origin or established protected geographical indication, the Secretary of State is unable to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication within a period of three years beginning with the day after the day on which IP completion day falls. (10) Where the Secretary of State decides to attach an EU single document for a corresponding EU designation of origin or corresponding EU geographical indication to Great Britain's PDOs and PGIs Register under paragraph 8 and that EU single document is in a foreign language, the Secretary of State must attach an English language translation of that single document to the register instead of the foreign language version of that document. (11) The copy of the EU single document attached to the register pursuant to paragraph 8 (as read with paragraph 10) is to be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme. (12) Paragraph 11 does not prevent a single document attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 8 (as read with paragraph 10) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 11 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013. (13) In this Article: (a) ‘the corresponding EU designation of origin’, in relation to an established protected designation of origin, means the designation of origin that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected designation of origin; (b) ‘the corresponding EU geographical indication’, in relation to an established protected geographical indication, means the geographical indication that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected geographical indication; (c) ‘established protected designation of origin’ has the meaning given by Article 107(2)(a) of Regulation (EU) No 1308/2013; (d) ‘established protected geographical indication’ has the meaning given by Article 107(2)(b) of Regulation (EU) No 1308/2013; (e) ‘the European Commission's PDOs and PGIs Register’ means the register established by the Commission under Article 104 of EU Regulation 1308/2013; (f) ‘Great Britain's PDOs and PGIs Register’ means the register established by the Secretary of State under Article 104 of Regulation (EU) No 1308/2013; (g) ‘the legislation relating to the GB wine scheme’ means: (i) the provisions in Section 2 of Title 2 of Part 2 of Regulation (EU) No 1308/2013, (ii) Delegated Regulation (EU) 2019/33, and (iii) this Regulation; (h) ‘the relevant data’, in relation to an established protected designation of origin or established protected geographical indication, means the data specified in Article 12(1)(a), (c) and (d) of EU Regulation 2019/34 that is recorded in the European Commission's PDOs and PGIs Register for the corresponding EU designation of origin or corresponding EU geographical indication immediately before IP completion day. (14) In this Article any reference to: (a) the EU product specification relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the product specification for the corresponding EU designation of origin or corresponding EU geographical indication as that product specification stood immediately before IP completion day; (b) the EU single document relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the single document for the corresponding EU designation of origin or corresponding EU geographical indication as that single document stood immediately before IP completion day.

(1) The Secretary of State must include the relevant data for each established protected traditional term in Great Britain's Traditional Terms Register when the register is established by the Secretary of State or, if that is not possible, as soon as possible after the register is established. (2) In this Article: (a) ‘the corresponding EU traditional term’, in relation to an established protected traditional term, means the traditional term that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected traditional term; (b) ‘an established protected traditional term’ has the meaning given by Article 1a(j) of Delegated Regulation (EU) 2019/33; (c) ‘Great Britain's Traditional Terms Register’ has the meaning given by Article 1a(m) of Delegated Regulation (EU) 2019/33; (d) ‘the European Commission's Traditional Terms Register’ means the register maintained by the European Commission under Article 25 of EU Regulation 2019/34; (e) ‘the relevant data’, in relation to an established protected traditional term, means the data specified in Article 25(1)(a) to (g) of EU Regulation 2019/34 that is in the European Commission's Traditional Terms Register for the corresponding EU traditional term immediately before IP completion day.

(8) ‘EU Regulation 110/2008’ means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks as it had effect before IP completion day; (9) ‘EU Regulation 2019/787’ means Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages as it had effect before IP completion day; (10) ‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) to which Article 54(2) of the EU withdrawal agreement applies; (11) ‘EUWA’ means the European Union (Withdrawal) Act 2018; (12) ‘FTT’ means the First-tier Tribunal; (13) ‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1); (14) in Articles 43 and 43a, ‘the original applicant’, in a case where an appeal has been made in respect of a decision made by the Secretary of State in relation to a geographical indication under Article 34, or following the submission of an application under Article 24 or 31, or a request submitted under Article 34, means the person who submitted the application or request; (15) ‘third country’ means— (a) for the purposes of the definition of ‘EUIA’ in point (10a), Article 36c and Annex 1A (other than the reference in paragraph (b)), any country other than— (i) any part of the British Islands, or (ii) a member State, (b) for the purposes of the reference in column 2 of row 5 of the Types Table in Part 3 of Annex 1A, any country other than any part of the British Islands; (c) for all other purposes, any country other than the United Kingdom, and includes: (i) the Bailiwick of Guernsey; (ii) the Bailiwick of Jersey; (iii) the Isle of Man;

CHAPTER 4 (1) An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2. (2) Such an appeal may be made: (a) in all cases, by a person specified in the corresponding entry in column 2 of the table in Part 2 of Annex 2; (b) in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country. (3) In determining such an appeal the FTT: (a) must consider the decision appealed against afresh; (b) may take into account evidence that was not available to the Secretary of State. (4) The FTT may: (a) dismiss the appeal, or (b) if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Part 2 of Annex 2. (5) Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision: (a) the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision; (b) the provisions of this Chapter and Annex 2 apply to the fresh decision made by the Secretary of State. (6) An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 does not prevent an entry recorded on Great Britain's GIs Register by the Secretary of State following that decision from having effect. (7) The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and: (a) in a case where the FTT quashes the Secretary of State's decision and directs the Secretary of State to take specified action, that action has been taken; (b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State. (1) The Secretary of State may consider a decision specified in column 1 of the table in Part 2 of Annex 2 (‘the original decision’) afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision. (2) Paragraph 1 applies even though an appeal has been made in respect of the original decision. (3) Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision: (a) the Secretary of State must notify the FTT of the Secretary of State's decision to consider the original decision afresh and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision; (b) the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter; (c) the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision and the reasons for that decision. (4) If the Secretary of State makes the same decision again, the appeal to the FTT restarts. (5) If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

ANNEX 2 In the table in Part 2, ‘a valid notice of opposition’ means a notice of opposition that contains the declaration required by the second subparagraph of Article 27(1).

Editorial notes

[^c24413801]: 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.

[^c24413811]: 2018 c. 16, amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^c24413821]: S.I. 1972/1811. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^c24413831]: S.I. 2005/2766. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^c24413841]: S.I. 2006/608. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^c24413851]: S.I. 2018/1275, amended by S.I. 2019/1488. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument. They are replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 12 of this instrument. They are replaced, in relation to Northern Ireland, on IP completion day with the amendments in regulation 15 of this instrument.

[^c24413861]: OJ No. L 343, 14.12.2012, p. 1, last amended by 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 (OJ No L 95, 7.4.2017, p. 1).

[^c24413871]: S.I. 2019/269.

[^c24413881]: EUR 2012/1151. Prospective amendments were included in S.I. 2019/865. Those amendments would have come into force on IP completion day. They are omitted by regulation 6 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 18 of, and Schedule 2 to, this instrument. Article 14a is inserted in EUR 2012/1151 on IP completion day by Part 3 of Schedule 2 to this instrument. See the footnote for the reference to EUR 2012/1151 in the paragraph inserted in S.I. 2009/1976 by regulation 8 of this instrument for information about the insertion of Annex 1B in EUR 2012/1151.

[^c24413891]: EUR 2013/1308, amended prospectively on IP completion day by S.I. 2019/828, 2020/1446, 1452. Articles 95(1A) and 97a are prospectively inserted in EUR 2013/1308 on IP completion day by S.I. 2020/1446. Article 99a is prospectively inserted in EUR 1308/2013 on IP completion day by S.I. 2019/828, as amended by 2020/1446 immediately before IP completion day. Article 102a is inserted in EUR 2013/1308 on IP completion day by Part 2 of Schedule 3 to this instrument. Article 107 of EUR 2013/1308 is prospectively amended on IP completion day by S.I. 2019/828, as amended by S.I. 2020/1452 immediately before IP completion day. There are other amending instruments but none is relevant.

[^c24413901]: EUR 2014/251. Prospective amendments were included in S.I. 2019/778, 865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulations 5 and 6 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 21 of, and Schedule 4 to, this instrument. Article 19a is inserted in EUR 2014/251 on IP completion day by Part 3 of Schedule 4 to this instrument. See the footnote for the reference to EUR 2014/251 in the paragraph inserted in S.I. 2009/1976 by regulation 8 of this instrument for information about the insertion of Annex 2B in EUR 2014/251.

[^c24413911]: EUR 2019/33. Prospective amendments were included in S.I. 2019/759, 778. They would have come into force on IP completion day. Those prospective amendments are omitted by regulations 4 and 5 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 26 of, and Schedule 8 to, this instrument. Article 32a is inserted in EUR 2019/33 on IP completion day by Part 3 of Schedule 8 to this instrument. See the footnote for the reference to EUR 2019/33 in the paragraph inserted in S.I. 2009/1976 by regulation 8 of this instrument for information about the insertion of Annex A2 in EUR 2019/33.

[^c24413921]: S.I. 2019/759.

[^c24413931]: S.I. 2019/778.

[^c24413941]: S.I. 2019/865.

[^c24413951]: S.I. 2008/3206; amended by S.I. 2019/1289. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument and replaced, in relation to Great Britain, with the amendments in regulation 10 of this instrument and, in relation to Northern Ireland, with the amendments in regulation 13 of this instrument. There are other amending instruments but none is relevant.

[^c24413961]: S.I. 2009/1976; relevant amending instruments are S.I. 2010/43 and, prospectively on IP completion day, S.I. 2019/758, 828. Prospective amendments were also included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument and replaced with the amendments in regulation 8 of this instrument.

[^c24413971]: EUR 2019/787, amended on IP completion day by regulation 28 of, and Schedule 10 to, this instrument.

[^c24413981]: Annex 1B is inserted in EUR 2012/1151 on IP completion day by Part 7 of Schedule 2 of this instrument.

[^c24413991]: Annex 2B is inserted in EUR 2014/251 on IP completion day by Part 8 of Schedule 4 of this instrument.

[^c24414001]: Annex 2 is inserted in EUR 2019/787 on IP completion day by Part 3 of Schedule 10 to this instrument.

[^c24414011]: Annex A2 is inserted in EUR 2019/33 on IP completion day by Part 6 of Schedule 8 to this instrument.

[^c24414021]: S.I. 2011/2936, amended by S.I. 2013/3235, 2019/524, 2020/639. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument. Those amendments are replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 11 of this instrument. They are replaced, in relation to Northern Ireland, on IP completion day with the amendments in regulation 14 of this instrument. There are other amending instruments but none are relevant.

[^c24414031]: 2009 c. 11.

[^c24414041]: 1990 c. 16; section 5 of the Act was amended by paragraph 16(1) of Schedule 9 to the Local Government (Wales) Act 1994 (c. 19), paragraph 163(2) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39), paragraphs 7, 8 and 9 of Schedule 5 to the Food Standards Act 1999 (c. 28) and Part 1 of Schedule 3 to the Public Health etc. (Scotland) Act 2008 (asp 5).

[^c24414051]: EUR 2014/664. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 22 of, and Schedule 5 to, this instrument.

[^c24414061]: EUR 2014/668. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 23 of, and Schedule 6 to, this instrument.

[^c24414071]: 1984 c. 22.

[^c24414081]: S.I. 1981/1675 (N.I.26).

[^c24414091]: 2009 c. 11.

[^c24414101]: 1954 c. 33 (N.I.).

[^c24414111]: EUR 2000/2870. Prospective amendments were included in S.I. 2019/865. They would have come into force on IP completion day. Those prospective amendments are omitted by regulation 6 of this instrument and are replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 16 of this instrument.

[^c24414121]: OJ No. L 160, 12.6.1989, p. 1, repealed by Regulation (EC) No 110/2008 of the European Parliament and of the Council (OJ No. L 39, 13.2.2008, p. 16).

[^c24414131]: EUR 2008/110. Prospective amendments were included in S.I. 2019/759, 778. They would have come into force on IP completion day. They are omitted by regulations 4 and 5 of this instrument and replaced, in relation to Great Britain, on IP completion day with the amendments in regulation 17 of, and Schedule 1 to, this instrument.

[^c24414141]: EUR 2017/625.

[^c24414151]: S.I. 1996/1502, amended by S.I. 2011/1043 and, in relation to England, by S.I. 2014/1855 and, prospectively on IP completion day, by S.I. 2019/150, in relation to Scotland, by S.S.I 2014/312 and, prospectively on IP completion day, by S.S.I. 2019/53 and, in relation to Wales, by S.I. 2014/2303 (W. 227), 2018/806 (W. 162) and, prospectively on IP completion day, by S.I. 2019/435 (W. 103).

[^c24414161]: OJ No. L 109, 6.5.2000, p. 29, repealed by Regulation (EU) No 1169/2011 of the European Parliament and of the Council (OJ No. L 304, 22.11.2011, p. 18).

[^c24414171]: EUR 2011/1169, prospectively amended on IP completion day by S.I. 2019/529, 778, 2020/1501.

[^c24414181]: By derogation from Article 49(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council (OJ No. L 130, 17.5.2019, p. 1) (which repealed Chapter 3 of Regulation (EC) No 110/2008 of the European Parliament and of the Council (OJ No. L 39, 13.2.2008, p. 16) with effect from 8th June 2019), Article 49(2)(a) of Regulation (EU) 2019/787 of the European Parliament and of the Council made provision for Article 17(2) of Regulation (EC) No 110/2008 of the European Parliament and of the Council to continue to apply until 25th May 2021, with the consequence that the incorporation provision in section 3(1) of the European Union (Withdrawal) Act 2018 applies to Article 17(2) of Regulation (EC) No 110/2008 of the European Parliament and of the Council. Regulation 17(13) of this instrument omits that provision from Regulation (EC) No 110/2008 of the European Parliament and of the Council as incorporated into the domestic law of Great Britain.

[^c24414191]: By derogation from Article 49(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council (OJ No. L 130, 17.5.2019, p. 1) (which repealed Chapter 3 of Regulation (EC) No 110/2008 of the European Parliament and of the Council (OJ No. L 39, 13.2.2008, p. 16) with effect from 8th June 2019), Article 49(2)(b) of Regulation (EU) 2019/787 of the European Parliament and of the Council made provision for Article 20 of Regulation (EC) No 110/2008 of the European Parliament and of the Council to continue to apply for the period described in Article 49(2)(b) of Regulation (EU) 2019/787 of the European Parliament and of the Council, expiring no later than 25th May 2021, with the consequence that the incorporation provision in section 3(1) of the European Union (Withdrawal) Act 2018 applies to Article 20 of Regulation (EC) No 110/2008 of the European Parliament and of the Council. Regulation 17(13) of this instrument omits that provision from Regulation (EC) No 110/2008 of the European Parliament and of the Council as incorporated into the domestic law of Great Britain.