The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

Prospective

[X1 PART 3 U.K. New Annex 1A

Editorial Information

X1 This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.

“ANNEX 1A U.K. TYPES OF GEOGRAPHICAL INDICATION TO WHICH ARTICLE 36A APPLIES

PART 1 U.K. Types of geographical indication (the Types Table)

Column 1Row No.	Column 2The name, or a description, of the geographical indication	Column 3Type A provisions	Column 4Type B provisions	Column 5The specified date
1.	The following geographical indications: (a) Irish Cream; (b) Irish Poteen/Irish Poitín; (c) Irish Whiskey/Irish Whisky/ Uisce Beatha Eireannach; (d) Scotch Whisky; (e) Somerset Cider Brandy.	Not applicable	Not applicable	1. In the case of the following geographical indications, 1st January 1996: (a) Irish Cream; (b) Irish Whiskey/Irish Whisky/ Uisce Beatha Eireannach; (c) Scotch Whisky. 2. In the case of Irish Poteen/Irish Poitín, 20th May 2008. 3. In the case of Somerset Cider Brandy, 26th February 2012.
2.	A geographical indication that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately before exit day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force during the relevant period.	1. A geographical indication that is on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted and is entered on that register pursuant to Article 33(3). 2. A geographical indication that is not on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted but must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the paragraph 1 trade mark application is accepted.	A geographical indication that is not on the United Kingdom's GIs Register when the relevant trade mark application is accepted but must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the relevant trade mark application is accepted.	The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.
3.	A geographical indication that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately before exit day pursuant to an EUIA to which the European Union and the third country were contracting parties.	1. A geographical indication that is on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted and is entered on that register following the approval of an application to register the geographical indication submitted to the Secretary of State under Article 24(8) during the relevant period. 2. A geographical indication: (a) that is not on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted, (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 24(8) during the relevant period, and (c) for which an Article 30(4) approval notice relating to the application is published before the paragraph 1 trade mark application is accepted.	A geographical indication: (a) that is not on the United Kingdom's GIs Register when the relevant trade mark application is accepted, and (b) for which an application to register the geographical indication is submitted to the Secretary of State under Article 24(8) during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which an Article 30(4) notice relating to the application to register the geographical indication is not published before the relevant trade mark application is accepted.	The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.
4.	A geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an assessment relating to the protection of the geographical indication was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before exit day in respect of the geographical indication under an EUIA, and (c) for which no decision was made pursuant to the EUIA before exit day as to whether the geographical indication should be protected in the European Union.	See the entry in row 3 of this column.	See the entry in row 3 of this column.	The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.
5.	A geographical indication that: (a) relates to a geographical area in a third country, and (b) was on the European Commission's GIs Register immediately before exit day.	See the entry in row 3 of this column.	See the entry in row 3 of this column.	1. In a case where the geographical indication was listed in Annex 2 to Council Regulation (EEC) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks M1 before 1st January 1996, 1st January 1996. 2. In a case where the geographical indication was added to Annex 2 to Regulation (EEC) No 1576/89 on or after 1st January 1996, the date on and from which the entry adding that geographical indication to Annex 2 applied. 3. In a case where the geographical indication was not listed in Annex 2 to Regulation (EEC) No 1576/89: (a) where it was listed in Annex 3 to EU Regulation 110/2008 M2 when that Regulation came into force, 20th May 2008; (b) where it was not listed in Annex 3 to EU Regulation 110/2008 when that Regulation came into force, the date on and from which the entry adding the geographical indication to Annex 3 to EU Regulation 110/2008 applied.
6.	A geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an application to register the geographical indication was submitted to the European Commission under Article 17 of EU Regulation 110/2008 or Article 24(4), (7) or (8) of EU Regulation 2019/787 before exit day that was neither refused nor resulted in the addition of the geographical indication to Annex 3 to EU Regulation 110/2008 or the European Commission's GIs Register before exit day.	See the entry in row 3 of this column.	See the entry in row 3 of this column.	The date on which the application referred to in point (b) in column 2 was submitted to the European Commission under the relevant pre-exit legislation.

1.   In the table in this Part:

(a) ‘an Article 30(4) notice’ means a notice published by the Secretary of State under Article 30(4);

(b) ‘the European Commission's GIs Register’ means the section of the European Commission's eAmbrosia geographical indications register relating to spirit drinks maintained by the European Commission electronically on the ec.europa.eu website M3 ;

(c) ‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 36a(1);

(d) ‘the relevant pre-exit legislation’ means:

(i) in the case of an application to register a geographical indication submitted to the European Commission under EU Regulation 110/2008, Article 17 of that Regulation;

(ii) in the case of an application to register a geographical indication submitted to the European Commission under EU Regulation 2019/787, Article 24 of that Regulation;

(e) ‘the relevant trade mark application’ means the trade mark application referred to in Article 36a(2) or (3)(a), as relevant;

(f) ‘the relevant EUIA-based date’ means the relevant EUIA-based date determined in accordance with Part 2.

PART 2 U.K. The relevant EUIA-based date

2.   In the table in Part 1, 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 or 6, as relevant to the geographical indication.

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 geographical indication contained priority provisions that applied to the geographical indication, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that geographical indication.

4.   In a case of a type 2 or 3 geographical indication to which paragraph 3 does not apply, the relevant EUIA-based date is:

(a) in a case where the geographical indication was protected in the European Union immediately before exit 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 geographical indication was protected in the European Union immediately before exit day pursuant to a provision in the EUIA that was provisionally applied before exit 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 geographical indication was protected in the European Union immediately before exit day pursuant to an amendment made to the EUIA that was provisionally applied before exit 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 of a geographical indication that was protected in the European Union immediately before exit 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 the request, or application, for protection or assessment was submitted under the EUIA;

(e) in any other case, including a case where the geographical indication was protected in the European Union immediately before exit 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 4 geographical indication to which paragraph 3 does not apply and for which a request, or application, for protection or assessment (however described) was submitted before exit day in accordance with provisions in the EUIA, the relevant EUIA-based date is the date 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 geographical indications 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 geographical indication protected in the European Union immediately before exit day pursuant to an EUIA, means that the provisions in the EUIA providing for the geographical indication to be protected in the European Union did not require a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the geographical indication or require an assessment to be carried out under the EUIA in relation to the geographical indication.”]

Marginal Citations

M1 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).

M2 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 L 130, 17.5.2019, p. 1). Article 49 of Regulation (EU) 2019/787 of the European Parliament and of the Council contains provisions repealing provisions of Regulation (EC) No 110/2008 of the European Parliament and of the Council at different times, including the repeal of some provisions before exit day.

M3 The spirit drinks section of the eAmbrosia geographical indications register is available electronically via

https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-quality/certification/quality-labels/geographical-indications-register/

. A hard copy of the eAmbrosia register as it stood immediately before exit day is available for inspection free of charge at the offices of the Department for Environment, Food and Rural Affairs, Second Floor, Seacole Block, 2 Marsham Street, London SW1P 4DF.