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

Commission Implementing Regulation (EU) 2019/34

8.—(1) Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks is amended as follows.

(2) In Article 1(f) omit “Union”.

(3) After Article 1 insert—

“Article 1a Definition of ‘third country’

In this Regulation, ‘third country’ means a country, other than the United Kingdom, and includes:

(a) the Bailiwick of Guernsey;

(b) the Bailiwick of Jersey;

(c) the Isle of Man.”.

(4) Omit Article 2.

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

(6) In Article 4—

(a) for paragraph 1 substitute—

“1.   A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, must be submitted to the Secretary of State by one of the applicants.

1a.   An applicant (within the meaning of Article 3) in one of the third countries concerned, may submit the application directly or through the authorities of that third country.

1b.   Where a joint application concerns a geographical area that includes an area in the United Kingdom, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, except for the requirement in paragraph 3 of that Article. In addition, the application must fulfil all of the requirements laid down in Article 94, including the requirement in paragraph 3, in relation to the area in the third country concerned.

1c.   Where a joint application concerns a geographical area that includes an area in two or more third countries, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to each of those areas, including the requirement laid down in paragraph 3 of that Article.”;

(b) in paragraph 2—

(i) for the words from “Member State” to “in a third country” substitute “applicant”;

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

(7) In Article 5—

(a) in paragraph 1—

(i) for point (b) substitute—

“(b) where the demarcated area, or any part of it, is situated in the United Kingdom, the name ‘United Kingdom’;”;

(ii) after point (b) insert—

“(ba) where the demarcated area, or any part of it, is situated in a third country, the name of the third country;”;

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

(8) In Article 7—

(a) in paragraph 1—

(i) in the first subparagraph—

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

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

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

(ii) in the second subparagraph—

(aa) for “before the” substitute “a”;

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

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

(b) in paragraph 3—

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

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

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

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

(9) In Article 8—

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

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

(10) In Article 9—

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

(b) in paragraph 1—

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

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

(c) in paragraph 2—

(i) in the first subparagraph—

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

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

(ii) in the second subparagraph—

(aa) omit the second sentence;

(bb) for the third sentence substitute—

“The application must include a copy of the consolidated version of the product specification.”.

(11) In Article 10—

(a) in paragraph 1(e), for “the electronic reference to the publication” substitute “a copy”;

(b) omit paragraph 2;

(c) in paragraph 3 omit the second sentence;

(d) for paragraph 4 substitute—

“4.   The Secretary of State may publish a form to be used for the purpose of the communication referred to in paragraph 1. Where such a form is published, it must be used for the communication. The Secretary of State may publish the form in such manner as appears appropriate to the Secretary of State from time to time.”.

(12) In Article 11—

(a) in paragraph 1—

(i) in point (c), at the beginning insert “in the case of products originating in a third country,”;

(ii) after point (c) insert—

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

(b) omit paragraph 2;

(c) in paragraph 3 omit the second sentence;

(d) for paragraph 4 substitute—

“4.   The Secretary of State may publish a form to be used for the purpose of the communication referred to in paragraph 1. Where such a form is published, it must be used for the communication. The Secretary of State may publish the form in such manner as appears appropriate to the Secretary of State from time to time.”.

(13) In Article 12—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for the words from the beginning to “conferring” substitute “Following a decision of the Secretary of State to confer”;

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

(ii) omit points (f), (g) and (h);

(b) after paragraph 1 insert—

“1a.   Following a decision of the type referred to in paragraph 1, the Secretary of State must attach a copy of the single document and the product specification relating to the relevant designation of origin or geographical indication to the register.”;

(c) in paragraph 2—

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

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

(iii) for the words from “with effect” to the end substitute “in the register and attach a copy of the approved amended product specification to the register”;

(d) after paragraph 2 insert—

“2a.   The new data, and the approved amended product specification, take effect:

(a) where a date is specified in the Secretary of State’s approval decision as the date on which the new data and the approved amended product specification are to take effect, on that date, or

(b) otherwise, immediately after the expiry of 20 days beginning with the day on which the register entry is made, or, if a copy of the product specification is attached to the register at a later date, immediately after the expiry of 20 days beginning with the day on which the copy of the product specification is attached to the register.”;

(e) in paragraph 3, for “Commission” substitute “Secretary of State”;

(f) omit paragraph 4.

(14) In Article 17—

(a) for the heading substitute—

“Names and addresses of competent authorities etc.”;

(b) omit the first sentence;

(c) in the second sentence—

(i) for “Commission shall make public” substitute “Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time,”;

(ii) at the end insert “responsible for carrying out checks relating to the use of protected designations of origin and protected geographical indications in the United Kingdom”.

(15) In Article 18—

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

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

(16) In Article 19—

(a) in paragraph 1—

(i) in the second subparagraph, in the words before point (a) omit the words from “in the” to “place”;

(ii) in the third subparagraph—

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

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

(iii) in the fourth subparagraph—

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

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

(b) omit paragraph 5;

(c) in paragraph 6, for “5” substitute “4”;

(d) omit paragraphs 7 and 8.

(17) In Article 20—

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

(b) after the existing paragraph insert—

“In this Article, ‘enactment’ includes:

(a) enactments of the type specified in paragraphs (a) to (f) of the definition of ‘enactment’ in section 20(1) of the European Union (Withdrawal) Act 2018, and

(b) retained direct EU legislation.”.

(18) In Article 21—

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

(b) in paragraph 2—

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

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

(19) In Article 22—

(a) in paragraph 1—

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

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

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

(20) In Article 23(3)—

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

(b) omit “the Member State or”;

(c) omit “established in the third country in question”.

(21) In Article 24—

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

(b) in paragraph 2—

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

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

(22) In Article 25(1)—

(a) in the words before point (a)—

(i) for the words from the beginning to “conferring” substitute “Following a decision by the Secretary of State to confer”;

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

(b) in point (e) omit “Member State or third”.

(23) In Article 27—

(a) in paragraph 2—

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

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

(iii) for the words from “with effect” to the end substitute “in the register referred to in Article 25”;

(b) after paragraph 2 insert—

“3.   The new specifications take effect:

(a) where a date is specified in the Secretary of State’s approval decision as the date on which the new specifications are to take effect, on that date, or

(b) otherwise, immediately after the expiry of 20 days beginning with the day on which they are recorded on the register referred to in Article 25.”.

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

(25) In Article 29—

(a) in paragraph 1—

(i) in the first subparagraph—

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

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

(cc) omit “the Member State or”;

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

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

(b) in paragraph 2—

(i) omit “the Member State or”;

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

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

(c) in paragraph 3—

(i) in the first subparagraph—

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

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

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

(ii) omit the second subparagraph;

(d) after paragraph 3 insert—

“3a.   After making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State, a notice informing the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State.”;

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

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

(26) In Article 30 is amended in accordance with paragraphs (27) to (31).

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

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

(29) Omit paragraph 2.

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

(31) In paragraph 4—

(a) in the first subparagraph—

(i) omit the first sentence;

(ii) in the final sentence—

(aa) for “paragraphs 2 and” substitute “paragraph”;

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

(b) omit the second subparagraph.

(32) In Article 31—

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

(b) omit paragraph 2;

(c) in paragraph 3—

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

(ii) in the second subparagraph—

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

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

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

(d) omit paragraph 4.

(33) In Article 32—

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

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

(34) In Article 33—

(a) in the first paragraph—

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

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

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

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

(36) In Annex 2—

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

1.    Name of product

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

…

2.    Official reference

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

Reference number: …

Date of publication under Article 97(3) of Regulation (EU) No 1308/2013: …”;

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

(37) In Annex 4—

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

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

(c) in the section headed “4. Type of amendment(s)”, for “Union” substitute “non-standard”;

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

(38) In Annex 5—

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

(b) in the section headed “4. Annexes”, in the section numbered 4.5 omit the words from “as published” to the end.

(39) In Annex 6, for “EU No: [for EU use only]” substitute “UK No: [for official use only]”.

(40) In Annex 7—

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

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

“2.  Country to which the demarcated area belongs (‘United Kingdom’ or name of third country)”;

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

(41) In Annex 8—

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

(b) in the section headed “Applicant” omit “Competent authority of the Member State (*)”.

(42) In Annex 9—

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

(b) in the section headed “Objector” omit “Member State or”;

(c) for the section headed “Intermediary”—

(i) omit the first indent;

(ii) for the second indent substitute—

“Third country authority (optional)”;

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

(43) In Annex 10, for “[to be completed by the Commission]”, in both places it occurs, substitute “[for official use only]”.

(44) In Annex 11, for “[to be completed by the Commission]”, in both places it occurs, substitute “[for official use only]”.

(45) Omit Annex 12.