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

Made: at 1.13 p.m. on 29th December 2020

Laid before Parliament: 31st December 2020

Coming into force in accordance with regulation 1

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

PART 1 — Introductory

Citation and commencement

1

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

• (2) The following provisions of these Regulations come into force immediately before IP completion day—

• (a) this Part;

• (b) Part 3.

• (3) Otherwise, these Regulations come into force on IP completion day.

PART 2 — Amendment of retained direct EU legislation

Commission Regulation (EC) No 1416/2006

2

• (1) Commission Regulation (EC) No 1416/2006 laying down specific rules on the implementation of Article 7(2) of the Agreement between the European Community and the United States of America on trade in wine concerning the protection of US names of origin in the Community is amended as follows.

• (2) In Article 1—

• (a) in paragraph (1), for “Member States” substitute “United Kingdom”;

• (b) in paragraph (2)(a), for “Community”, in both places it occurs, substitute “United Kingdom”.

• (3) Omit Article 2.

• (4) After Article 2 omit the words from “This Regulation” to “Member States”.

Commission Regulation (EC) No 936/2009

3

• (1) Commission Regulation (EC) No 936/2009 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks[^f00002] is amended as follows.

• (2) In Article 1(2), for the words from “referred to”, in the second place they occur, to “110/2008”, substitute “contained in the Spirit Drinks Regulations 2008”.

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

Regulation (EU) No 1151/2012

4

• (1) Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs[^f00003] is amended as follows.

• (2) In Article 3—

• (a) after point (13) insert—

(13a) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA[^f00004];

• (b) after point (14) insert—

(14a) ‘bridging arrangements’ has the meaning given in Article 14c(2)(b);

• (3) After Article 14b insert the new Articles 14c and 14d in Schedule 1.

• (4) In Annex 1, in paragraph 1 at the end insert—

— rush

Commission Implementing Regulation (EU) No 716/2013

5

• (1) Commission Implementing Regulation (EU) No 716/2013 laying down the rules for the application of Regulation (EC) No 716/2013 laying down rules for the application of Regulation (EC) 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[^f00005] is amended as follows.

• (2) Omit paragraph (b) of Article 1.

• (3) Omit paragraph (b) of Article 2.

• (4) Omit Articles 6 to 22.

Regulation (EU) No 1308/2013

6

• (1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products[^f00006] is amended as follows.

• (2) In Article 90, after paragraph 3 insert—

(4) Paragraph 3 does not apply to products imported from the European Union until the end of the period of 6 months beginning on the day after that on which IP completion day falls provided that the products comply with paragraph 1.

• (3) After Article 102b insert the new articles 102c and 102d in Schedule 2.

Regulation (EU) No 251/2014

7

• (1) Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products[^f00007] is amended as follows.

• (2) In Article 2—

• (a) after point (4) insert—

(4a) ‘an application to register a trade mark’ means an application to register a trade mark made under the TMA[^f00008];

• (b) after point (5) insert—

(5a) ‘bridging arrangements’ has the meaning given in Article 19c(2)(b);

• (3) After Article 19b, insert the new articles 19c and 19d in Schedule 3.

Commission Implementing Regulation 668/2014

8

• (1) Commission Implementing type=start slip=2021-04-01 time=1617956867964Regulation 668/2014type=end slip=2021-04-01 time=1617956867964 laying down the 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[^f00009] is amended as follows.

• (2) In Annex 11, in paragraph 2, after “– Class 2.20. feather” insert—

, – Class 2.20a. rush

Commission Delegated Regulation (EU) 2019/33

9

• (1) Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protections 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[^f00010] is amended as follows.

• (2) In Article 1a—

• (a) after point (d) insert—

(da) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA[^f00011];

• (b) after point (f) insert—

(fa) ‘bridging arrangements’ has the meaning given in Article 32c(2)(b);

• (3) After Article 32 insert the new articles 32c and 32d in Schedule 4.

Regulation (EU) 2019/787

10

• (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[^f00012] is amended as follows.

• (2) In Article 3—

• (a) after point (9) insert—

(9a) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA; (9b) ‘an Article 30(5) approval notice’ means a notice published under Article 30(5) relating to a decision of the Secretary of State to approve an application for a geographical indication; (9c) ‘bridging arrangements’ has the meaning given in Article 36c(2)(b); (9d) ‘constituent nation’ means England, Northern Ireland, Scotland or Wales; (9e) ‘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; (9f) ‘enters into force’ in relation 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;

• (b) after point (10) insert—

(10a) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a geographical indication of the third country in the European Union;

• (c) after point (14) insert—

(14a) ‘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;

• (d) after point (15) insert—

(16) ‘the TMA’ means the Trade Marks Act 1994[^f00013]; (17) ‘the Types Table’ means the table in Part 3 of Annex 1A.

• (3) After Article 3 insert the new Article 4 in Part 1 of Schedule 5.

• (4) In Article 30—

• (a) in paragraph 4—

• (i) omit the first subparagraph;

• (ii) in the second subparagraph, after “registration” insert “under paragraph 5a”;

• (b) after paragraph 5 insert—

(5a) Where the Secretary of State publishes a notice under paragraph 5 giving notice of the Secretary of State’s decision to register a geographical indication, the Secretary of State must as soon as possible after the notice period has expired: (a) record the relevant data relating to the geographical indication in the register, and (b) attach a copy of the product specification for the geographical indication to the register. (5b) An entry for a geographical indication added to the register pursuant to paragraph 5a(a), and the provisions in the product specification attached to the register pursuant to paragraph 5a(b), take effect in relation to the registration of a geographical indication immediately after: (a) the entry has been made in the register, and (b) the product specification has been attached to the register.

• (c) after paragraph 7 insert—

(8) In this Article: (a) ‘notice period’ means the period of 20 days from the day on which the notice referred to in paragraph 5 is published, beginning with the day on which the notice is published; (b) the reference to ‘the relevant data’ in paragraph 5a(a) means the product category, the geographical indication and the country of origin.

• (5) After Article 36 insert the new Articles 36a to 36d in Part 2 of Schedule 5.

• (6) In Article 37—

• (a) number the existing paragraph as paragraph 1;

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

(2) The geographical indication for which the names ‘Irish Whiskey’, ‘Uisce Beatha Eireannach’ and ‘Irish Whisky’ are listed in category 2 of the table in Annex 3 to EU Regulation 110/2008[^f00014] covers whisky/whiskey produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland. (3) The protection of the geographical indication ‘Pisco’ (as listed in category 9 of the table in Annex 3 to EU Regulation 110/2008) under this Regulation is without prejudice to the use of the name ‘Pisco’ for products originating in Chile protected under the Association Agreement between the United Kingdom and Chile. (4) The product specification relating to the geographical indication ‘Somerset Cider Brandy’ (as listed in category 10 of the table in Annex 3 to EU Regulation 110/2008) is deemed to include a requirement that the use of that geographical indication must be accompanied by the sales denomination ‘cider spirit’. (5) The product specification relating to the geographical indication for which the names ‘Polska Wódka’ and ‘Polish Vodka’ are listed in category 15 of the table in Annex 3 to EU Regulation 110/2008 is deemed to include a requirement that the use of the geographical indication must be accompanied by the sales denomination ‘flavoured vodka’. The term ‘flavoured’ may be replaced by the name of the predominant flavour. (6) The geographical indication ‘Irish Cream’ (as listed in category 32 of the table in Annex 3 to EU Regulation 110/2008) covers the corresponding liqueur produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland. (7) The geographical indication for which the names ‘Irish Poteen’ or ‘Irish Poitín’ are listed in the category ‘Other spirit drinks’ of the table in Annex 3 to EU Regulation 110/2008 covers the corresponding spirit drink produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland. (8) When adding an entry relating to a geographical indication covered by any of paragraphs 2 to 7 to the register, the Secretary of State must include a note in the register relating to the matter specified in the relevant paragraph.

• (7) After Annex 1 insert the new Annex 1A in Part 3 of Schedule 5.

PART 3 — Amendment of subordinate legislation

The Spirit Drinks Regulations 2008

11

• (1) The Spirit Drinks Regulations 2008[^f00015] are amended as follows.

• (2) So far as it extends to Great Britain, in regulation 6(6)[^f00016], for the words from “being imported” to the end substitute—

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

• (3) So far as it extends to Northern Ireland, in regulation 6(6), for the words from “being imported” to the end substitute—

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

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

12

In the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019[^f00017], in Schedule 5, in paragraph 7(1A), after paragraph (d) insert—

(e) Article 36a of Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages[^f00018], or that Article as applied by Article 36d of that Regulation.

The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019

13

• (1) The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019[^f00019] are amended as follows.

• (2) In regulation 2(3)—

• (a) in sub-paragraph (a)(ii), in the inserted text, for “1st January 2021” substitute “1st July 2021”;

• (b) in sub-paragraph (b)(v), in the inserted text, for “1st January 2021” substitute “1st July 2021”.

• (3) In regulation 4—

• (a) in paragraph (13)(b), in the inserted text, for “1st January 2021” substitute “1st July 2021”;

• (b) in paragraph (15)(b), in the inserted text, for “1st January 2021” substitute “1st July 2021”;

• (c) in paragraph (18)(a)(iv), in the inserted text, for “1st January 2021” substitute “1st July 2021”;

• (d) in paragraph (25), in the inserted text—

• (i) in point 5 (control bodies), in the table—

• (aa) after the row for code number AT-BIO-301 insert—

AT-BIO-302	Austria Bio-Garantie – Landwirtschaft GmbH	www.abg.at

• (bb) omit the row for code number AT-BIO-701;

• (cc) in the row for code number AT-BIO-902, for the internet address in the third column substitute “www.at.sgs.com”;

• (dd) in the row for code number BE-BIO-03, for the name in the second column substitute “Inscert Partner”;

• (ee) omit the rows for code numbers BG-BIO-13 and BG-BIO-16;

• (ff) after the row for code number HR-EKO-10 insert—

HR-EKO-11	Nastavni zavod za javno zdravstvo Dr. Andrija Stampar	www.stampar.hr
HR-EKO-12	BIOTER d.o.o.	www.bioter.hr
HR-EKO-13	MAREKO d.o.o	www.mareko.hr

• (gg) after the row for code number CY-BIO-004 insert—

CY-BIO-005	CertifyBio Ltd	www.certifybio.com

• (hh) in the row for code number CZ-BIO-002, in the second column omit “CZ-BIO-002”, leaving “ABCERT AG”;

• (ii) for the row for code number FI-EKO-201 substitute—

FI-EKO-201	Ruokavirasto	www.ruokavirasto.fi

• (jj) omit the row for code number FR-BIO-07;

• (kk) after the row for code number FR-BIO-18 insert—

FR-BIO-19	Control Union Inspection France	www.control-union.fr
FR-BIO-20	OCACIA	www.ocacia.fr
FR-BIO-21	AFNOR Certification	certification.afnor.org

• (ll) in the row for code number DE-OKO-001, for the internet address in the third column substitute “www.bcs-oeko.com”;

• (mm) in the row for code number DE-OKO-003, for the name in the second column substitute “LACON Privatinstitut für Qualitätssicherung und Zertifizierung ökologisch erzeugter Lebensmittel GmbH”;

• (nn) in the row for code number DE-OKO-005, for the internet address in the third column substitute “www.ecocert.de”;

• (oo) for the row for code number DE-OKO-007 substitute—

DE-OKO-007	Prüfgesellschaft ökologischer Landbau mbH	www.pruefgesellschaft.bio

• (pp) in the row for code number DE-OKO-060, for the internet address in the third column substitute “www.qal-gmbh.de”;

• (qq) for the row for code number DE-OKO-070 substitute—

DE-OKO-070	Control Union Certifications Germany GmbH	www.controlunion-germany.com

• (rr) in the row for code number IE-ORG-03, for the internet address in the third column substitute “www.organictrust.ie”;

• (ss) for the row for code number IE-ORG-04 substitute—

IE-ORG-04	Global Trust Certification Ltd (SAI Global)	www.saiglobal.com

• (tt) omit the row for code number IE-ORG-05;

• (uu) in the row for code number IT-BIO-007, for the internet address in the third column substitute “www.bioagricert.org”;

• (vv) in the row for code number IT-BIO-012, for the internet address in the third column substitute “www.sidelitalia.it”;

• (ww) after the row for code number IT-BIO-020 insert—

IT-BIO-021	CSQA	www.csqa.it

• (xx) for the row for code number LU-BIO-04 substitute—

LU-BIO-04	Prüfgesellschaft Ökologischer Landbau mbH (DE-OKO-007)	www.pruefgesellschaft.bio

• (yy) in the row for code number LU-BIO-08, for the name in the second column substitute “Inscert Partner S.A. (BE-BIO-03)”;

• (zz) after the row for code number LU-BIO-08 insert—

LU-BIO-09	Bioagricert Srl (IT-BIO-007)	www.bioagricert.org
LU-BIO-10	TUV Nord bvba (BE-BIO-02)	www.tuv-nord.com

• (aaaa) after the row for code number PL-EKO-12 insert—

PL-EKO-13	Krajowe Centrum Badań i Certyfikacji “Gwarantowana Jakość” Sp. z o.o.	www.kcbic.pl	Accredited only for plant production and animal production. Control Body (was authorized to control and certify organic production since 30th August 2019

• (bbbb) omit the row for code number PT-BIO-11;

• (cccc) in the row for code number PT-BIO-07, for the email address in the third column substitute “www.tradicao-qualidade.pt”;

• (dddd) in the row for code number RO-ECO-024, for the name in the second column substitute “CERES ORGANIC CERT SRL”;

• (eeee) in the row for code number SK-BIO-004, for the internet address in the third column substitute “www.eko-control.sk”;

• (ffff) before the row for code number SI-EKO-001 insert—

SLOVENIA			Control Bodies

• (gggg) after the row for code number SI-EKO-001 omit the row beginning “SLOVENIA”;

• (hhhh) after the row for code number ES-ECO-003-AN insert—

ES-ECO-003-CM	AGROCOLOR, S.L. (Castile-La Mancha)	www.agrocolor.es

• (iiii) in the row for code number ES-ECO-004-AN, in the third column insert “www.appluscertification.com”;

• (jjjj) omit the row for code number ES-ECO-005-AN;

• (kkkk) omit the row for code number ES-ECO-011-AR;

• (llll) in the row for code number ES-ECO-019-CT, for the name in the second column substitute “CCPAE”;

• (mmmm) in the row for code number ES-ECO-020-CV, for the name in the second column substitute “CAECV”;

• (nnnn) in the row for code number ES-ECO-022-GA, for the name in the second column substitute “CRAEGA”;

• (oooo) in the row for code number ES-ECO-023-MA, for the name in the second column substitute “CAEM”;

• (pppp) in the row for code number ES-ECO-024-MU, for the name in the second column substitute “CAERM”;

• (qqqq) in the row for code number ES-ECO-025-NA, for the name in the second column substitute “CPAEN/NNPEK”;

• (rrrr) in the row for code number ES-ECO-026-VAS, for the name in the second column substitute “ENEEK”;

• (ssss) omit the row for code number ES-ECO-027-RI;

• (tttt) in the row for code number ES-ECO-029-AN, for the name in the second column substitute “BUREAU VERITAS IBERIA S.L.”;

• (uuuu) omit the row for code number ES-ECO-30-CM;

• (vvvv) in the row for code number ES-ECO-031-CL, for the internet address in the third column substitute “www.cclcertificacion.es”;

• (wwww) after the row for code number ES-ECO-031-CL insert—

ES-ECO-032-AN	SAI GLOBAL ASSURANCE SERVICES OFICINA DE REPRESENTACIÓN EN ESPAÑA, LTD	www.saiglobal.com	Private Control Body

• (xxxx) after the row for code number ES-ECO-032-CL insert—

ES-ECO-033-CL	QUALITAS NATURA CERTIFICACIÓN S.L. (Castile-y-Leon)	www.qualitasnatura.es	Private Control Body

• (yyyy) after the row for code number ES-ECO-033-CM insert—

ES-ECO-034-AN	OCE GLOBAL SLU (Andalusia)	www.oce-global.com	Private Control Body

• (zzzz) after the row for code number ES-ECO-034-CM insert—

ES-ECO-035-RI	CPAER (Rioja)	www.cpaer.org	Control Authority
ES-ECO-036-CL	ACCM (Castile-y-Leon)	www.accm.es

• (aaaaaa) omit the row for code number SE-EKO-07;

• (ii) in point 7 (duration of the inclusion), for “31st December 2020” substitute “31st December 2021”.

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

14

Omit regulation 5 of the Food and Farming (Amendment) (EU Exit) Regulations 2019[^f00020].

The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019

15

• (1) The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019[^f00021] are amended as follows.

• (2) In regulation 37, in the substituted Article 228(2), after “under Article” insert “102d(4)[^f00022] or Article”.

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

16

• (1) The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020[^f00023] are amended as follows.

• (2) In regulation 3, in the new sub-paragraph (1A) to be inserted after paragraph 7(1) of Schedule 5 to the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019—

• (a) in paragraph (a), at the end insert “, or that Article as applied by Article 14d of that Regulation;”;

• (b) in paragraph (b), at the end insert “, or that Article as applied by Article 102d of that Regulation;”;

• (c) in paragraph (c), at the end insert “, or that Article as applied by Article 19d of that Regulation;”;

• (d) in paragraph (d), at the end insert “, or that Article as applied by Article 32d of that Regulation;”.

• (3) In regulation 11(5)(a), in the inserted text, after “Regulations” insert “and the 1416/2006 prohibition[^f00024]”.

• (4) In regulation 14(4)(a), in the inserted text, after “Regulations” insert “and the 1416/2006 prohibition”.

• (5) In regulation 20(2)—

• (a) in new paragraph 1a to be inserted into Article 93 of Regulation (EU) No 1308/2013—

• (i) for “Article 102a” substitute “Articles 102a, 102c and 102d”;

• (ii) before point (a) insert—

(za) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA[^f00025]

• (iii) after point (a) insert—

(aa) ‘bridging arrangements’ has the meaning given in Article 102c(2)(b);

• (iv) after point (f) insert—

(fa) ‘third country’ means— (i) for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than— (aa) any part of the British Islands, or (bb) any member State; (ii) for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands; (iii) for all other purposes, any country other than the United Kingdom, and includes: (aa) the Bailiwick of Guernsey; (bb) the Bailiwick of Jersey; (cc) the Isle of Man;

• (b) omit paragraph 1b.

• (6) In regulation 28(40), in the substituted Article 46, for paragraph 1 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

• (7) In Schedule 2—

• (a) in Part 1, for new Article 3(28) substitute—

(28) ‘third country’ means— (a) for the purposes of the definition of ‘EUIA’ in point (21), Article 14c 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 6 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;

• (b) in Part 3—

• (i) in new Article 14a(2)(b)(i)—

• (aa) in point (aa), after “enters into force” insert “or the bridging arrangements referred to in that column are made”;

• (bb) in point (bb), after “international agreement” insert “or the making of the bridging arrangements”;

• (ii) in new Article 14a(11)(a), after “11(2)” insert “or 14c(1)”;

• (iii) in new Article 14a(12), omit subparagraph (a);

• (c) in Part 6, in new Article 56(4), after “or Article” insert “14d(4),”;

• (d) in Part 7, in Part 1 of new Annex 1A, in paragraph 1(e)—

• (i) in point (i), after “geographical”, in the first place it occurs, insert “indication”,

• (ii) in point (ii), after “geographical”, in the first place it occurs, insert “indication”,

• (iii) in point (iii), after “geographical” insert “indication”;

• (e) in Part 7, in the Types Table in Part 3 of new Annex 1A, in row 3—

• (i) in column 2, for paragraph (c) substitute—

(c) must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period.

• (ii) in column 3—

• (aa) in paragraph 1, after “11(2)” insert “or Article 14c(1)”;

• (bb) for paragraph 2 substitute—

(2) A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused.

• (cc) for the entry in column 4 substitute—

A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted.

• (8) In Schedule 3—

• (a) in Part 2, in new Article 102a—

• (i) in paragraph 2(b)(i)—

• (aa) in point (aa), after “force” insert “or the bridging arrangements referred to in that column are made”;

• (bb) in point (bb), after “agreement” insert “or the making of the bridging arrangements”;

• (ii) in paragraph 11(c), after “pursuant to” insert “Article 102c(1) or”;

• (iii) omit paragraph 12(a);

• (b) in Part 3, in the Types Table in Part 3 of new Annex 9A, in row 3—

• (i) in column 2, for paragraph (c) substitute—

(c) must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period.

• (ii) in column 3—

• (aa) in paragraph 1 after “pursuant to” insert “Article 102c(1) or”;

• (bb) for paragraph 2 substitute—

(2) A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused.

• (iii) for the entry in column 4 substitute—

A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted

• (9) In Schedule 4—

• (a) in Part 1, for new Article 2(17) substitute—

(17) ‘third country’ means— (a) for the purposes of the definition of ‘EUIA’ in point (10), Article 19c and Annex 2A, any country other than: (i) any part of the British Islands, or (ii) a member State; (b) 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;

• (b) in Part 3, in new Article 19a—

• (i) in paragraph 2(b)(i)—

• (aa) in point (aa), after “force” insert “or the bridging arrangements referred to in that column are made”;

• (bb) in point (bb), after “agreement” insert “or the making of the bridging arrangements”;

• (ii) omit paragraph 11(a);

• (c) in Part 6, in new Article 33(4), after “under Article 4(2),” insert “19d(4),”

• (d) in Part 8, in the Types Table in Part C of new Annex 2A, in row 2—

• (i) in column 2, for paragraph (c) substitute—

(c) must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period.

• (ii) in column 3—

• (aa) in paragraph 1, after “Article” insert “19c(1) or”;

• (bb) for paragraph 2 substitute—

(2) A geographical indication that is not on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused.

• (iii) for the entry in column 4 substitute—

A geographical indication that is not on Great Britain’s GIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted.

• (10) In Schedule 8—

• (a) in Part 1, for new Article 1a(q), substitute—

(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;

• (b) in Part 3, in new Article 32a—

• (i) in paragraph 2(b)(i)—

• (aa) in point (aa), after “force” insert “or the bridging arrangements referred to in that column are made”;

• (bb) in point (bb), after “agreement” insert “or the making of the bridging arrangements”;

• (ii) omit paragraph 12(a);

• (c) in Part 6, in the Types Table in Part C of new Annex A1, in row 2—

• (i) in column 2, for paragraph (c) substitute—

(c) must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period.

• (ii) in column 3—

• (aa) in paragraph 1 after “Article” insert “32c(1) or”;

• (bb) for paragraph 2 substitute—

(2) A traditional term that is not in Great Britain’s Traditional Terms Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused.

• (iii) for the entry in column 4 substitute—

A traditional term that is not in Great Britain’s Traditional Terms Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted.

• (11) In Schedule 10, Part 1, in new Article 3, for point (15) substitute—

(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;

SCHEDULE 1 — Regulation (EU) No 1151/2012: new Articles 14c and 14d

SCHEDULE 2 — Regulation (EU) No 1308/2013: New Articles 102c and 102d

SCHEDULE 3 — Regulation (EU) No 251/2014: new articles 19c and 19d

SCHEDULE 4 — Commission Delegated Regulation (EU) 2019/33: new articles 32c and 32d

SCHEDULE 5 — Regulation (EU) 2019/787: new provisions

PART 1 — New Article 4

PART 2 — New Articles 36a to 36d

PART 3 — New Annex 1A

Signed

Victoria Prentis — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — At 1.13 p.m. on 29th December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c) and (e)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation relating to—

• (a) agricultural products and foodstuffs;

• (b) aromatised wines

• (c) spirit drinks;

• (d) wine.

Part 2 and the Schedules amend retained direct EU legislation relating to those products.

Part 3 amends domestic legislation relating to those products and to trade marks and organic products, amending provisions in subordinate legislation that were included to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, including amendments which update previous amendments to take account of the transition period.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16, amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: EUR 2009/936. Prospective amendments were included in S.I. 2019/759. They would have come into force on IP completion day. They are omitted by regulation 14 of this instrument and replaced with the amendments in regulation 3 of this instrument.

[^f00003]: EUR 2012/1151, amended prospectively by S.I. 2020/1637.

[^f00004]: “The TMA” is defined in Article 3(29). Point (29) is inserted by S.I. 2020/1637.

[^f00005]: EUR 2013/716, amended prospectively by S.I. 2020/1637.

[^f00006]: EUR 2013/1308, amended prospectively by S.I. 2019/821, 2019/828 and 2020/1637. There are other amending instruments but none are relevant.

[^f00007]: EUR 2014/251, amended prospectively by S.I. 2020/1637.

[^f00008]: “The TMA” is defined in Article 2(18). Point (18) is inserted by S.I. 2020/1637.

[^f00009]: EUR 2014/668, amended prospectively by S.I. 2020/1637.

[^f00010]: EUR 2019/33, amended prospectively by S.I. 2020/1637.

[^f00011]: “The TMA” is defined in Article 1a(t).

[^f00012]: EUR 2019/787, amended prospectively by S.I. 2020/1637.

[^f00013]: 1994 c. 26.

[^f00014]: OJ No. L 39, 13.2.2008, p. 16, last amended by Regulation (EU) 2019/787 of the European Parliament and of the Council (OJ No. L 130, 17.5.2019, p. 1).

[^f00015]: S.I. 2008/3206.

[^f00016]: Paragraph (6) was inserted by S.I. 2020/1636.

[^f00017]: S.I. 2019/269, amended prospectively by S.I. 2020/1637. See also regulation 16(2) of this instrument.

[^f00018]: Article 36a is prospectively inserted in EUR 2019/787 by Part 2 of Schedule 5 to this instrument.

[^f00019]: S.I. 2019/692, amended prospectively by S.I. 2020/1452.

[^f00020]: S.I. 2019/759. See regulation 3 for amendments to Commission Regulation (EC) No 936/2009.

[^f00021]: S.I. 2019/831.

[^f00022]: Article 102d is inserted by Schedule 2 to this instrument.

[^f00023]: S.I. 2020/1637.

[^f00024]: See S.I. 2020/1636 for amendments to S.I. 2011/2936 concerning “the 1416/2006 prohibition”.

[^f00025]: “The TMA” is defined in Article 93(1a)(g).

[^f00026]: “Great Britain’s PDOs and PGIs Register” is defined in Article 3(23). Point (23) is inserted by S.I. 2020/1637.

[^f00027]: “EUIA” is defined in Article 3(21). Point (21) is inserted by S.I. 2020/1637.

[^f00028]: “Enters into force” is defined in Article 3(17). Point (17) is inserted by S.I. 2020/1637.

[^f00029]: Articles 14a and 14b and Annex 1A are inserted by S.I. 2020/1637.

[^f00030]: “The relevant period” is defined in Article 3(26). Point (26) is inserted by S.I. 2020/1637.

[^f00031]: See Article 56 inserted prospectively by S.I. 2020/1637, which insertion is amended by regulation 16(7)(c), for provisions concerning regulations made under Regulation (EU) No 1151/2012.

[^f00032]: “Great Britain’s PDOs and PGIs Register” is defined in Article 93(1a)(e). Paragraph (1a) is inserted by S.I. 2020/1637.

[^f00033]: “EUIA” is defined in Article 93(1a)(c).

[^f00034]: “Enters into force” is defined in Article 93(1a)(b).

[^f00035]: Articles 102a and 102b and Annex 9A are inserted by S.I. 2020/1637.

[^f00036]: “The relevant period” is defined in Article 93(1a)(f).

[^f00037]: See Article 228 inserted prospectively by S.I. 2019/831, which insertion is amended by regulation 15(2), for provisions concerning the procedural requirements associated with regulations made under Regulation (EU) No 1308/2013.

[^f00038]: “Great Britain’s GIs Register” is defined in Article 2(13). Point 13 of Article 2 is inserted by S.I. 2020/1637.

[^f00039]: “EUIA” is defined in Article 2(10). Point (10) of Article 2 is inserted by S.I. 2020/1637.

[^f00040]: “Enters into force” is defined in Article 2(8). Point (8) is inserted by S.I. 2020/1637.

[^f00041]: Articles 19a and 19b and Annex 2A are inserted by S.I. 2020/1637.

[^f00042]: “The relevant period” is defined in article 2(15). Point (15) is inserted by S.I. 2020/1637.

[^f00043]: See Article 33 inserted prospectively by S.I. 2020/1637, which insertion is amended by regulation 16(9)(c), for provisions concerning the procedural requirements associated with regulations made under Regulation (EU) No 251/2014.

[^f00044]: “Great Britain’s Traditional Terms Register” is defined in Article 1a(m). Article 1a is inserted by S.I. 2020/1637.

[^f00045]: “EUIA” is defined in Article 1a(k).

[^f00046]: “Enters into force” is defined in Article 1a(i).

[^f00047]: Articles 32a and 32b and Annex A1 were inserted by S.I. 2020/1637.

[^f00048]: “The relevant period” is defined in Article 1a (p).

[^f00049]: Schedule 2A is prospectively inserted in the Trade Marks Act 1994 by S.I. 2019/269.

[^f00050]: Schedule 2B is prospectively inserted in the Trade Marks Act 1994 by S.I. 2019/638.

[^f00051]: Section 49(1) was substituted by S.I. 2018/825.

[^f00052]: Section 50(1) was amended by S.I. 2018/825.

[^f00053]: Section 75 was amended by the Crime and Courts Act 2013 (c. 22), Schedule 9, paragraph 134, S.I. 2005/587.

[^f00054]: Section 76(6) was inserted by S.I. 2005/587.

[^f00055]: “Great Britain’s GIs Register” is defined in Article 3(13). Point (13) was inserted by S.I. 2020/1637.

[^f00056]: “EUIA” is defined in Article 3(10a). Point 10(a) is inserted by regulation 10(2)(b).

[^f00057]: “Enters into force” is defined in Article 3(9f). Point (9f) is inserted by regulation 10(2)(a).

[^f00058]: Articles 36a and 36b and Annex 1A are inserted by S.I. 2019/1366.

[^f00059]: “The relevant period” is defined in Article 3(14a). Point (14a) is inserted by regulation 10(2)(c).

[^f00060]: See Article 46 inserted prospectively by S.I. 2020/1637, which insertion is amended by regulation 16(6), for provisions concerning the procedural requirements associated with regulations made under Regulation (EU) 2019/787.