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

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

Article 42U.K.Marketing and export

1.Grapevine products whose label or presentation does not conform to the corresponding conditions laid down in this Regulation shall not be marketed within [F1Great Britain, moved to Northern Ireland] or exported.

2.By way of derogation from [F2the provisions of Regulation (EU) No 1308/2013 specified in paragraph 2a], where grapevine products are to be [F3moved to Northern Ireland or exported, the Secretary of State may, by administrative decision,] permit particulars and presentations which conflict with [F4labelling and presentation rules in retained EU law] if such particulars or presentations of the grapevine products are required by the legislation [F5that applies in Northern Ireland or] of the third country in question. These particulars may appear in languages other than the official languages of the Union.

[F62a.For the purpose of paragraph 2, the provisions of Regulation (EU) No 1308/2013 are:

(a)Subsection 3 of Section 2 of Chapter 1 of Title 2 of Part 2;

(b)the first paragraph of Article 118, except so far as it relates to the Food (Lot Marking) Regulations 1996 and Regulation (EU) No 1169/2011;

(c)paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article);

(d)points (d), (e) and (g) of Article 120(1);

(e)paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to:

(i)the compulsory particulars specified in paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article);

(ii)the optional particulars specified in points (d), (e) and (g) of Article 120(1);

(f)Article 121(2).

2b.By way of derogation from the provisions specified in paragraph 2c, where grapevine products are to be moved to Northern Ireland or exported, the appropriate authority may, by administrative decision, permit particulars and presentations which conflict with labelling and presentation rules in retained EU law if such particulars or presentations of the grapevine products are required by the legislation that applies in Northern Ireland or of the third country in question. These particulars may appear in languages other than English.

2c.For the purpose of paragraph 2b, the provisions of Regulation (EU) No 1308/2013 are:

(a)the first paragraph of Article 118 so far as it relates to:

(i)the Food (Lot Marking) Regulations 1996, and

(ii)Regulation (EU) No 1169/2011;

(b)paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article);

(c)Article 120, except for points (d), (e) and (g) of paragraph 1;

(d)paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to:

(i)paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article);

(ii)Article 120, except for points (d), (e) and (g) of paragraph 1.]

3.By way of derogation from Subsection 3 of Section 2 and Section 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, where grapevine products are to be consumed on board of airplanes, [F7the Secretary of State may use any power the Secretary of State may have to permit the use of presentations that conflict with presentation rules in force in retained EU law] if such presentations of the grapevine products are necessary for security reasons.

4.[F8In this Article, ‘retained EU law’ has the meaning given in section 6(7) of the EUWA but does not include any legislation so far as it extends to Northern Ireland.]

Textual Amendments