Commission Delegated Regulation (EU) 2019/33Show full title

Article 27 U.K. Conditions of validity

1. An application for the protection of a traditional term shall be deemed valid if the name for which the protection is sought:

(a) fulfils the requirements of a traditional term as defined in Article 112 of Regulation (EU) No 1308/2013 as well as the requirements laid down in Article 24 of this Regulation;

(b) consists exclusively of either:

(i)

a name traditionally used in trade in a large part of the territory of the F1 ... country in question, to distinguish specific categories of grapevine products referred to in Article 92(1) of Regulation (EU) No 1308/2013; or

(ii)

a reputed name traditionally used in trade in at least the territory of the F2 ... country in question, to distinguish specific categories of grapevine products referred to in Article 92(1) of Regulation (EU) No 1308/2013;

(c) has not become generic, and

(d) is defined and regulated in the [F3 legislation of the relevant country or, in the case of an application concerning a term originating in a third country, is] subject to conditions of use as provided for by rules applicable to wine producers in the third country in question, including those emanating from representative professional organisations.

Point (b) shall not apply to traditional terms referred to in Article 112(a) of Regulation (EU) No 1308/2013.

[F4 In point (d), ‘legislation of the relevant country’, in relation to the United Kingdom, includes legislation that does not apply to all the constituent nations of the United Kingdom but only applies to one or more of them.]

2. For the purposes of paragraph (1) (b), traditional use means:

(a) use amounting to a period of at least five years in case of terms filed in the official language or regional language of the F5 ... country where the term originates;

(b) use amounting to a period of at least 15 years in case of terms filed in the language used for trade.

3. For the purposes of paragraph (1)(c), a name that has become ‘generic’ means the name which, although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular event linked to the history of a grapevine product, has become the common name of that product in the [F6 United Kingdom].

Textual Amendments

F1 Words in Art. 27(1)(b)(i) 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), 26(23)(a)(i)(aa)

F2 Words in Art. 27(1)(b)(ii) 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), 26(23)(a)(i)(bb)

F3 Words in Art. 27(1)(d) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(23)(a)(ii)

F4 Words in Art. 27(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), 26(23)(b)

F5 Words in Art. 27(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), 26(24)

F6 Words in Art. 27(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), 26(25)