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Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs
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The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
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[F13.Official controls performed in accordance with Regulation [X1(EU) 2017/625] of the European Parliament and of the Council(1) shall cover:]
(a)verification that a product complies with the corresponding product specification; and
(b)monitoring of the use of registered names to describe product placed on the market, in conformity with Article 13 for names registered under Title II and in conformity with Article 24 for names registered under Title III.
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).
Textual Amendments
F1Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
F2Deleted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
[F11.In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within the Union, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:
(a)the competent authorities designated in accordance with Article 4 of Regulation [X1(EU) 2017/625]; or
(b)delegated bodies as defined in Article 3(5) of Regulation [X1(EU) 2017/625].]
The costs of such verification of compliance with the specifications may be borne by the operators that are subject to those controls. [F3Nothing in this Regulation prevents the Secretary of State from contributing] to these costs.
2.In respect of designations of origin, geographical indications and traditional specialities guaranteed that designate products originating in [F4Northern Ireland or] a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by:
(a)one or more of the public authorities designated by the [F5authorities in Northern Ireland or the relevant] third country; and/or
(b)one or more of the product certification bodies.
3.[F2Member States shall make public the name and address of the authorities and bodies referred to paragraph 1 of this Article, and update that information periodically.]
The [F6Secretary of State] shall make public the name and address of the authorities and bodies referred to in paragraph 2 of this Article and update that information periodically [F7, in such manner as appears appropriate to the Secretary of State from time to time].
F84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).
Textual Amendments
F1Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
F2Deleted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
F3Words in Art. 37(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(36)(a)
F4Words in Art. 37(2) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(36)(b)(i)
F5Words in Art. 37(2)(a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(36)(b)(ii)
F6Words in Art. 37(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), 18(36)(c)(i)
F7Words in Art. 37(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), 18(36)(c)(ii)
F8Art. 37(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), 18(36)(d)
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Textual Amendments
F2Deleted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
The delegated bodies performing controls in [F10Northern Ireland or] the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for ‘Conformity assessment- Requirements for bodies certifying products, processes and services’. These delegated bodies may be accredited either by a national accreditation body outside the Union, in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.]
Textual Amendments
F1Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
F9Words in Art. 39 heading inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(37)(a)
F10Words in Art. 39 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(37)(b)
1.[F11The Secretary of State] shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles [F12109(1), 110(2) and 111(2) of Regulation (EU) 2017/625].
2.The annual reports concerning the control of the obligations established by this Regulation shall include a separate section comprising the information laid down in Article [F13113(1) of Regulation (EU) 2017/625].
Textual Amendments
F11Words in Art. 40(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(38)(a)(i)
F12Words in Art. 40(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(38)(a)(ii)
F13Words in Art. 40(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(38)(b)
1.Without prejudice to Article 13, this Regulation shall not affect the use [F14in Great Britain] of terms that are generic in the [F15United Kingdom], even if the generic term is part of a name that is protected under a quality scheme.
2.To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:
(a)the existing situation in areas of consumption;
(b)the relevant F16... legal acts.
3.In order to fully protect the rights of interested parties, the [F17Secretary of State may make regulations] laying down additional rules for determining the generic status of terms referred to in paragraph 1 of this Article.
[F184.In this Article, ‘legal acts’ means legislation of the following kind whenever passed, made or adopted:
(a)an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
(b)Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
(c)an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(d)a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru;
(e)retained direct EU legislation.]
Textual Amendments
F14Words in Art. 41(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(39)(a)(i)
F15Words in Art. 41(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(39)(a)(ii)
F16Words in Art. 41(2)(b) 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), 18(39)(b)
F17Words in Art. 41(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), 18(39)(c)
F18Art. 41(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(39)(d)
1.This Regulation shall not prevent the placing on the market of products the labelling of which includes a name or term protected or reserved under a quality scheme described in Title II, Title III, or Title IV that contains or comprises the name of a plant variety or animal breed, provided that the following conditions are met:
(a)the product in question comprises or is derived from the variety or breed indicated;
(b)consumers are not misled;
(c)the usage of the name of the variety or breed name constitutes fair competition;
(d)the usage does not exploit the reputation of the protected term; and
(e)in the case of the quality scheme described in Title II, production and marketing of the product had spread beyond its area of origin prior to the date of application for registration of the geographical indication.
2.In order to further clarify the extent of rights and freedoms of food business operators to use the name of a plant variety or of an animal breed referred to in paragraph 1 of this Article, the [F19Secretary of State may make regulations] concerning rules for determining the use of such names.
Textual Amendments
F19Words in Art. 42(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(40)
The quality schemes described in Titles III and IV shall apply without prejudice to [F20retained EU law and any other enactments] governing intellectual property, and in particular to those concerning designations of origin and geographical indications and trade marks, and rights granted under [F21that law and those enactments].
Textual Amendments
F20Words in Art. 43 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(41)(a)
F21Words in Art. 43 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(41)(b)
1.Indications, abbreviations and symbols referring to the quality schemes may only be used in connection with products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols:
(a)‘protected designation of origin’, ‘protected geographical indication’, ‘geographical indication’, ‘PDO’, ‘PGI’, and the associated symbols, as provided for in Title II;
(b)‘traditional speciality guaranteed’, ‘TSG’, and the associated symbol, as provided for in Title III;
(c)‘mountain product’, as provided for in Title IV.
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3.The [F23Secretary of State may make regulations] laying down rules for the uniform protection of the indications, abbreviations and symbols referred to in paragraph 1 of this Article. F24...
Textual Amendments
F22Art. 44(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), 18(42)(a)
F23Words in Art. 44(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), 18(42)(b)(i)
F24Words in Art. 44(3) 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), 18(42)(b)(ii)
1.Without prejudice to specific provisions on producer organisations and inter-branch organisations as laid down in [F25Regulation 1308/2013], a group is entitled to:
(a)contribute to ensuring that the quality, reputation and authenticity of their products are guaranteed on the market by monitoring the use of the name in trade and, if necessary, by informing [F26the competent authority or any designated] authority within the framework of Article 13(3);
(b)take action to ensure adequate legal protection of the protected designation of origin or protected geographical indication and of the intellectual property rights that are directly connected with them;
(c)develop information and promotion activities aiming at communicating the value-adding attributes of the product to consumers;
(d)develop activities related to ensuring compliance of a product with its specification;
(e)take action to improve the performance of the scheme, including developing economic expertise, carrying out economic analyses, disseminating economic information on the scheme and providing advice to producers;
(f)take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are, or risk being, detrimental to the image of those products.
2.[F27The Secretary of State] may encourage the formation and functioning of groups [F28in Great Britain] by administrative means. [F29The Secretary of State must publish the names and addresses of the groups referred to in Article 3(2) in such manner as appears appropriate to the Secretary of State from time to time.]
[F303.In this Article, ‘the competent authority’ means the person specified in regulation 3(1) of the Quality Schemes Regulations.]
Textual Amendments
F25Words in Art. 45(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(43)(a)(i)
F26Words in Art. 45(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(43)(a)(ii)
F27Words in Art. 45(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(43)(b)(i)
F28Words in Art. 45(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(43)(b)(ii)
F29Words in Art. 45(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(43)(b)(iii)
F30Art. 45(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), 18(43)(c)
1.[F31The Secretary of State] shall ensure that any operator complying with the rules of a quality scheme set out in Titles II and III is entitled to be covered by the verification of compliance established pursuant to Article 37.
2.Operators who prepare and store a product marketed under the traditional speciality guaranteed, protected designation of origin or protected geographical indication schemes or who place such products on the market shall also be subject to the controls laid down in Chapter I of this Title.
3.[F32The Secretary of State] shall ensure that operators willing to adhere to the rules of a quality scheme set out in Titles III and IV are able to do so and do not face obstacles to participation that are discriminatory or otherwise not objectively founded.
Textual Amendments
F31Words in Art. 46(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(44)(a)
F32Words in Art. 46(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), 18(44)(b)
Without prejudice to Regulation [F33(EU) 2017/625] and in particular the provisions of Chapter VI of Title II thereof, [F34nothing in this Regulation prevents the Secretary of State from charging] a fee to cover their costs of managing the quality schemes, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations provided for in this Regulation.
Textual Amendments
F33Words in Art. 47 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(45)(a)
F34Words in Art. 47 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(45)(b)
The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
1.Applications for registration of names under the quality schemes referred to in Article 48 may only be submitted by groups who work with the products with the name to be registered. In the case of a ‘protected designations of origin’ or ‘protected geographical indications’ name that designates a trans-border geographical area or in the case of a ‘traditional specialities guaranteed’ name, several groups from different F35... countries may lodge a joint application for registration.
A single natural or legal person may be treated as a group where it is shown that both of the following conditions are fulfilled:
(a)the person concerned is the only producer willing to submit an application;
(b)with regard to protected designations of origin and protected geographical indications, the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
2.Where the application under the scheme set out in Title II relates to a geographical area in [F36the United Kingdom], or where an application under the scheme set out in Title III is prepared by a group established in [F36the United Kingdom], the application shall be [F37lodged with the Secretary of State].
F38...
F393.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F394.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.Where the application under the scheme set out in Title II relates to a geographical area in a third country, or where an application under the scheme set out in Title III is prepared by a group established in a third country, the application shall be lodged with the [F40Secretary of State], either directly or via the authorities of the third country concerned.
6.The documents referred to in this Article which are sent to the [F41Secretary of State] shall be in one of the official languages of the Union.
7.F42...
The [F43Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of applications, including for applications concerning more than one national territory. F44...
[F458.In relation to the reference to “different countries” in paragraph 1, the United Kingdom is to be regarded as being one country.]
Textual Amendments
F35Words in Art. 49(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), 18(46)(a)
F36Words in Art. 49(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(46)(b)(i)(aa)
F37Words in Art. 49(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(46)(b)(i)(bb)
F38Words in Art. 49(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), 18(46)(b)(ii)
F39Art. 49(3)(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), 18(46)(c)
F40Words in Art. 49(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(46)(d)
F41Words in Art. 49(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), 18(46)(e)
F42Words in Art. 49(7) 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), 18(46)(f)(i)
F43Words in Art. 49(7) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(46)(f)(ii)(aa)
F44Words in Art. 49(7) 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), 18(46)(f)(ii)(bb)
F45Art. 49(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(46)(g)
1.The [F47Secretary of State] shall scrutinise by appropriate means any application [F48received] pursuant to Article 49, in order to check that it is justified and that it meets the conditions of the respective scheme. This scrutiny should not exceed a period of six months. Where this period is exceeded, the [F47Secretary of State] shall indicate in writing to the applicant the reasons for the delay.
The [F49Secretary of State] shall, at least each month, make public [F50, in such manner as appears appropriate to the Secretary of State from time to time,] the list of names for which registration applications have been submitted to [F51the Secretary of State], as well as their date of submission.
2.Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the [F52Secretary of State] considers that the conditions laid down in this Regulation are fulfilled, [F53the Secretary of State] shall publish in [F54such manner as appears appropriate to the Secretary of State from time to time]:
(a)for applications under the scheme set out in Title II, the single document and F55... product specification;
(b)for applications under the scheme set out in Title III, the specification.
Textual Amendments
F46Words in Art. 50 heading substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(a)
F47Words in Art. 50(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(b)(i)(aa)
F48Word in Art. 50(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(b)(i)(bb)
F49Words in Art. 50(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(b)(ii)(aa)
F50Words in Art. 50(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(b)(ii)(bb)
F51Words in Art. 50(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(b)(ii)(cc)
F52Words in Art. 50(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(c)(i)(aa)
F53Words in Art. 50(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(c)(i)(bb)
F54Words in Art. 50(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(47)(c)(i)(cc)
F55Words in Art. 50(2)(a) 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), 18(47)(c)(ii)
1.Within three months from the date of publication [F56of the documents published under Article 50(2)], the authorities F57... of a third country, or a natural or legal person having a legitimate interest F58... may lodge a notice of opposition with the [F59Secretary of State].
F60...
A notice of opposition shall contain a declaration that the application might infringe the conditions laid down in this Regulation. A notice of opposition that does not contain this declaration is void.
The [F61Secretary of State] shall forward the notice of opposition to the authority or body that lodged the application without delay.
2.If a notice of opposition is lodged with the [F62Secretary of State] and is followed within two months by a reasoned statement of opposition, the [F62Secretary of State] shall check the admissibility of this reasoned statement of opposition.
3.Within two months after the receipt of an admissible reasoned statement of opposition, the [F63Secretary of State] shall invite the authority or person that lodged the opposition and the authority or body that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed three months.
The authority or person that lodged the opposition and the authority or body that lodged the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions of this Regulation. If no agreement is reached, this information shall also be provided to the [F63Secretary of State].
At any time during these three months, the [F63Secretary of State] may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.
4.Where, following the appropriate consultations referred to in paragraph 3 of this Article, the details published in accordance with Article 50(2) have been substantially amended, the [F64Secretary of State] shall repeat the scrutiny referred to in Article 50.
5.The notice of opposition, the reasoned statement of opposition and the related documents which are sent to the [F65Secretary of State] in accordance with paragraphs 1 to 4 of this Article shall be in one of the official languages of the Union.
6.In order to establish clear procedures and deadlines for opposition, the [F66Secretary of State may make regulations] complementing the rules of the opposition procedure.
The [F67Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of the oppositions. F68...
Textual Amendments
F56Words in Art. 51(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(a)(i)(aa)
F57Words in Art. 51(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), 18(48)(a)(i)(bb)
F58Words in Art. 51(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), 18(48)(a)(i)(cc)
F59Words in Art. 51(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(a)(i)(dd)
F60Words in Art. 51(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), 18(48)(a)(ii)
F61Words in Art. 51(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(a)(iii)
F62Words in Art. 51(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(b)
F63Words in Art. 51(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), 18(48)(c)
F64Words in Art. 51(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(d)
F65Words in Art. 51(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(48)(e)
F66Words in Art. 51(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), 18(48)(f)(i)
F67Words in Art. 51(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), 18(48)(f)(ii)(aa)
F68Words in Art. 51(6) 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), 18(48)(f)(ii)(bb)
1.Where, on the basis of the information available to the [F69Secretary of State] from the scrutiny carried out pursuant to the first subparagraph of Article 50(1), the [F69Secretary of State] considers that the conditions for registration are not fulfilled, [F70the Secretary of State must reject] the application. F71...
2.If the [F72Secretary of State] receives no notice of opposition or no admissible reasoned statement of opposition under Article 51, [F73the Secretary of State must register] the name.
3.If the [F74Secretary of State] receives an admissible reasoned statement of opposition, [F75the Secretary of State] shall, following the appropriate consultations referred to in Article 51(3), and taking into account the results thereof, either:
(a)if an agreement has been reached, register the name F76...; or
(b)if an agreement has not been reached, [F77decide whether to register the name].
[F784.After making a decision under this Article, 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 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 54a against the decision and the period within which an appeal may be made, and
(b)where the application is approved, a copy of the approved product specification.
5.An implementing act to which paragraph 6 applies is revoked.
6.This paragraph applies to an implementing act adopted by the European Commission under Article 52 of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.]
Textual Amendments
F69Words in Art. 52(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(a)(i)
F70Words in Art. 52(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(a)(ii)
F71Words in Art. 52(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), 18(49)(a)(iii)
F72Words in Art. 52(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(b)(i)
F73Words in Art. 52(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(b)(ii)
F74Words in Art. 52(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), 18(49)(c)(i)(aa)
F75Words in Art. 52(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), 18(49)(c)(i)(bb)
F76Words in Art. 52(3)(a) 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), 18(49)(c)(ii)
F77Words in Art. 52(3)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(c)(iii)
F78Art. 52(4)-(6) substituted for Art. 52(4) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(d)
1.A pending application made under EU Regulation 1151/2012 before IP completion day is deemed to be an application made under Article 49(2) of this Regulation for which scrutiny under Article 50(1) of this Regulation has not been commenced.
2.Unless requested not to do so in writing by the applicant who submitted the application under EU Regulation 1151/2012, the Secretary of State must scrutinise a pending application under Article 50(1) of this Regulation.
3.But the Secretary of State may decide not to scrutinise a pending application under paragraph 2 in a case where the pending application is an application that has been sent to the European Commission for scrutiny under Article 50(1) of EU Regulation 1151/2012 before IP completion day.
4.The six month period specified in Article 50(1) starts from the day on which IP completion day falls.
5.Where a request of the type specified in paragraph 2 is made in relation to a pending application by an applicant referred to in that paragraph, the pending application is to be treated as having been withdrawn.
6.In this Article ‘pending application’ means an application submitted to the Secretary of State on or after 1st January 2019 or the Secretary of State or the Department for Environment, Food and Rural Affairs before that date:
(a)to register:
(i)a name of a geographical area in, or partly in, the United Kingdom as a designation of origin;
(ii)a name of a geographical area in, or partly in, the United Kingdom as a geographical indication;
(iii)a name as a traditional speciality guaranteed, and
(b)for which the European Commission has not adopted an implementing act under Article 52 of EU Regulation 1151/2012 before IP completion day.]
Textual Amendments
F79Art. 52a inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(50), Sch. 2 Pt. 4
1.A group having a legitimate interest may apply for approval of an amendment to a product specification.
Applications shall describe and give reasons for the amendments requested.
2.Where the amendment involves one or more amendments to the specification that are not minor, the amendment application shall follow the procedure laid down in Articles 49 to 52.
However, if the proposed amendments are minor, the [F80Secretary of State] shall approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the [F80Secretary of State] shall publish those elements in [F81such manner as appears appropriate to the Secretary of State from time to time].
For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:
(a)relate to the essential characteristics of the product;
(b)alter the link referred to in point (f)(i) or (ii) of Article 7(1);
(c)include a change to the name, or to any part of the name of the product;
(d)affect the defined geographical area; or
(e)represent an increase in restrictions on trade in the product or its raw materials.
For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:
(a)relate to the essential characteristics of the product;
(b)introduce essential changes to the production method; or
(c)include a change to the name, or to any part of the name of the product.
The scrutiny of the application shall focus on the proposed amendment.
3.In order to facilitate the administrative process of an amendment application, including where the amendment does not involve any change to the single document and where it concerns a temporary change in the specification resulting from the imposition of obligatory sanitary or phytosanitary measures by the public authorities, the [F82Secretary of State may make regulations] complementing the rules of the amendment application process.
The [F83Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of an amendment application. F84...
[F854.An implementing act to which paragraph 5 applies is revoked.
5.This paragraph applies to an implementing act:
(a)concerning a decision of the European Commission relating to an application to amend a product specification for a designation of origin, geographical indication or traditional speciality guaranteed protected in the European Union at the time the application was submitted,
(b)adopted by the European Commission pursuant to Article 53(2) of EU Regulation 1151/2012 following the appropriate procedure referred to in that paragraph, and
(c)incorporated into domestic law by section 3(1) of the EUWA.]
Textual Amendments
F80Words in Art. 53(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(51)(a)(i)
F81Words in Art. 53(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(51)(a)(ii)
F82Words in Art. 53(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), 18(51)(b)(i)
F83Words in Art. 53(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), 18(51)(b)(ii)(aa)
F84Words in Art. 53(3) 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), 18(51)(b)(ii)(bb)
F85Art. 53(4)(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(51)(c)
1.The [F86Secretary of State] may, on [F87the Secretary of State's] own initiative or at the request of any natural or legal person having a legitimate interest, [F88decide to] cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:
(a)where compliance with the conditions of the specification is not ensured;
(b)where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.
The [F89Secretary of State] may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.
F90...
[F911A.The Secretary of State may, on the Secretary of State’s own initiative or at the request of any natural or legal person having a legitimate interest, decide to cancel the registration of a protected designation of origin or a protected geographical indication on the grounds that, on the date on which the application for registration was submitted to the Secretary of State under Article 49, either of the following provisions applied in relation to the name proposed:
(a)paragraph 1 of Article 6 (no registration of generic terms), or
(b)paragraph 4 of Article 6 (conflict with trade mark).
1B.In a case where the protected designation of origin or protected geographical indication has been the subject of an application for approval of an amendment to the product specification under Article 53 which resulted in a change to the protected name, the reference in paragraph 1A to the application for registration under Article 49 is to be read as a reference to the application for approval of the amendment to the name under Article 49 as applied by Article 53(2) (or, in a case where there has been more than one such application, the latest of those).]
2.In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the [F92Secretary of State may make regulations] complementing the rules regarding the cancellation process.
The [F93Secretary of State may make regulations] laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article.F94...
[F953.An implementing act to which paragraph 4 applies is revoked.
4.This paragraph applies to an implementing act adopted by the European Commission under Article 54(1) of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.]
Textual Amendments
F86Words in Art. 54(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(a)(i)(aa)
F87Words in Art. 54(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(a)(i)(bb)
F88Words in Art. 54(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(a)(i)(cc)
F89Words in Art. 54(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(a)(ii)
F90Words in Art. 54(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), 18(52)(a)(iii)
F91Art. 54(1A)(1B) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 4(4) (with s. 4(11))
F92Words in Art. 54(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(b)(i)
F93Words in Art. 54(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(b)(ii)(aa)
F94Words in Art. 54(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), 18(52)(b)(ii)(bb)
F95Art. 54(3)(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(52)(c)
[F1Regulation [X1(EU) 2017/625] of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( [X1OJ L 95, 7.4.2017, p. 1] ).]
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).
Textual Amendments
F1Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
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