Regulation (EU) 2019/787 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER V U.K. DELEGATION OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS

SECTION 1 U.K. Delegation of power and implementing provisions

[F1 Article 46 U.K. Regulations

1. Regulations made under this Regulation are to be made by statutory instrument.

1A. A statutory instrument containing regulations under Article 36d(4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

1B. Any other statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2. Such regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking an enactment);

(b) make different provision for different purposes.

3. In this Article, ‘enactment’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland;

(b) regulations made under retained direct principal EU legislation, except to the extent that they extend to Northern Ireland;

(c) retained direct minor EU legislation, except to the extent that it extends to Northern Ireland.]

Textual Amendments

F1 Art. 46 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(40) (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(6))

F2 Article 47 U.K. Committee procedure

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Textual Amendments

F2 Art. 47 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(41)

SECTION 2 U.K. Derogation, transitional and final provisions

F3 Article 48 U.K. Derogation from nominal quantities requirements in Directive 2007/45/EC

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Textual Amendments

F3 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

Article 49 U.K. Repeal

F4 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. References to Regulation (EC) No 110/2008 shall [F5 , so far as they relate to matters previously covered by Chapter 3 of Regulation (EC) No 110/2008 as it had effect in EU law before it was repealed by Article 49 of EU Regulation 2019/787,] be construed as references to this Regulation and be read in accordance with the [F6 entries in the correlation table relating to that Chapter] set out in Annex IV to this Regulation.

Textual Amendments

F4 Art. 49(1)(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(42)(a)

F5 Words in Art. 49(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(42)(b)(i)

F6 Words in Art. 49(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(42)(b)(ii)

Article 50 U.K. Transitional measures

F7 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. In respect of [F9 an established geographical indication originally registered in accordance with EU Regulation 110/2008 the Secretary of State must, at the request of any natural or legal person having a legitimate interest, or, in the case of an established geographical indication relating to an area in a third country, via the authorities of the third country, publish a single document relating to the geographical indication submitted by that applicant or authority]. That publication shall be accompanied by [F10 a copy] of the product specification and [F11 , unless the Secretary of State decides otherwise,] shall not be followed by an opposition procedure

Textual Amendments

F3 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

F7 Art. 50(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(a)

F8 Art. 50(4) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(b)

F9 Words in Art. 50(6) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(c)(i)

F10 Words in Art. 50(6) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(c)(ii)(aa)

F11 Words in Art. 50(6) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(c)(ii)(bb)

Article 51 U.K. Entry into force and application

1. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 May 2021.

[X1 2. Notwithstanding paragraph 1, Article 14(2), Article 16, point (c) of Article 20, Articles 21, 22 and 23, Article 24(1), (2) and (3), the first and second subparagraphs of Article 24(4), Article 24(8) and (9), Articles 25 to 42, Articles 46 and 47, Article 50(1), (4) and (6), points 39(d) and 40(d) of Annex I and the definitions set out in Article 3 relating to those provisions shall apply from 8 June 2019.]

3. The delegated acts provided for in Articles 8, 19 and 50, adopted in accordance with Article 46, and the implementing acts provided for in Article 8(4) and Articles 20, 43 and 44, adopted in accordance with Article 47, shall apply from 25 May 2021.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 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, and repealing Regulation (EC) No 110/2008 (Official Journal of the European Union L 130 of 17 May 2019).