xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

TITLE VU.K.COMMON PROVISIONS

CHAPTER IU.K.Official controls of protected designations of origin, protected geographical indications and traditional specialities guaranteed

Article 35U.K.Scope

The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.

Article 36U.K. [F1Content of official controls]

F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[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

Textual Amendments

Article 37U.K.Verification of compliance with product specification

[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

Textual Amendments

F2Article 38U.K. [F2Surveillance of the use of the name in the market place]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1Article 39U.K. Delegated bodies performing controls in [F9Northern Ireland and] third countries

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

Article 40U.K.Planning and reporting of control activities

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

CHAPTER IIU.K.Exceptions for certain prior uses

Article 41U.K.Generic terms

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

Article 42U.K.Plant varieties and animal breeds

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

Article 43U.K.Relation to intellectual property

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

CHAPTER IIIU.K.Quality scheme indications and symbols and role of producers

Article 44U.K.Protection of indications and symbols

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.

F222.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Article 45U.K.Role of groups

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

Article 46U.K.Right to use the schemes

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

Article 47U.K.Fees

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

CHAPTER IVU.K.Application and registration processes for designations of origin, geographical indications, and traditional specialities guaranteed

Article 48U.K.Scope of application processes

The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.

Article 49U.K.Application for registration of names

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

Article 50U.K.Scrutiny by the [F46Secretary of State] and publication for opposition

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

Article 51U.K.Opposition procedure

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

Article 52U.K.Decision on registration

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

[F79Article 52aU.K.Applications pending on IP completion day

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

Article 53U.K.Amendment to a product specification

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

Article 54U.K.Cancellation

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...

2.In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the [F91Secretary of State may make regulations] complementing the rules regarding the cancellation process.

The [F92Secretary 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.F93...

[F943.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

(1)

[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

Textual Amendments