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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

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SECTION 2U.K.Objection procedure

Article 11U.K.Admissibility and grounds of objection

1.For the purposes of Article 98 of Regulation (EU) No 1308/2013 a substantiated statement of objection shall be admissible where:

(a)it is received by the [F1Secretary of State] within the deadline set out in Article 98 of Regulation (EU) No 1308/2013;

(b)it complies with the requirements set out in Article 8(1) of Implementing Regulation (EU) 2019/34;

and:

(c)it shows that the application for protection or amendment to the product specification or for cancellation of the protection is incompatible with the rules on designations of origin and geographical indications because:

(i)

it would conflict with Articles 92 to 95, 105 or 106 of Regulation (EU) No 1308/2013 and with [F2any provision in force, adopted or made pursuant to them (whether adopted before IP completion day, or made on or after IP completion day)];

(ii)

the registration of the proposed name would conflict with Article 100 or 101 of Regulation (EU) No 1308/2013;

(iii)

the registration of the proposed name would jeopardise the rights of a trade mark holder or of a user of a fully homonymous name or of a compound name, one term of which is identical to the name to be registered, or the existence of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(3) of Regulation (EU) No 1308/2013.

The grounds of objection shall be assessed in relation to the territory of [F3Great Britain, except that, in relation to paragraph 1(c)(ii) so far as it relates to Article 101(1) of Regulation (EU) No 1308/2013, the objection must be assessed in relation to the territory of the United Kingdom].

Where an objection is filed by a natural or legal person, the duly substantiated statement of objection shall be admissible only if it shows the legitimate interest of the objector.

2.Where the [F4Secretary of State] considers that the objection is inadmissible, [F5the Secretary of State] shall inform the authority or natural or legal person that objected of the reasons grounding the finding of inadmissibility.

Textual Amendments

Article 12U.K.Objection procedure

1.If the [F6Secretary of State] considers that the objection is admissible [F7the Secretary of State] shall invite the authority or natural or legal person that lodged the objection and the authority or natural or legal person that lodged the application for protection to engage in appropriate consultations for a period of three months. The invitation shall be issued within a period of four months from the date on which [F8the single document and the product specification submitted in connection with] the application for protection, to which the substantiated statement of objection relates, [F9are published under Article 97(3) of Regulation (EU) No 1308/2013] and it shall be accompanied by a copy of the substantiated statement of objection. At any time during these three months, the [F10Secretary of State] may, at the request of the authority or natural or legal person that lodged the application, extend the deadline for the consultations by a maximum of three months.

2.The authority or person that lodged the objection and the authority or person that lodged the application for protection shall start such consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for protection complies with the conditions of this Regulation and of Regulation (EU) No 1308/2013.

3.If the parties reach an agreement, either the applicant [F11or, where relevant,] the authorities F12... of the third country from which the application for protection was lodged shall notify the [F13Secretary of State] of the results of the consultations carried out and of all the factors which enabled that agreement to be reached, including the opinions of the parties. If the details published in accordance with Article 97(3) of Regulation (EU) No 1308/2013 have been substantially amended, the [F14Secretary of State] shall repeat the scrutiny referred to in Article 97(2) of that Regulation after a F15... procedure ensuring adequate publication of those amended details has been carried out. Where, following the agreement, there are no amendments to the product specification or where the amendments are not substantial, the [F16Secretary of State must make] a decision in accordance with Article 99 of Regulation (EU) No 1308/2013 conferring protection on the designation of origin or geographical indication.

4.If no agreement is reached, either the applicant [F17or, where relevant, the authorities of the third country] from which the application for protection was lodged shall notify the [F18Secretary of State] of the results of the consultations carried out and of all the related information and documents. The [F19Secretary of State must make] a decision in accordance with Article 99 of Regulation (EU) No 1308/2013 either conferring protection or rejecting the application.

Textual Amendments

Article 13U.K.Restrictions on the use of protected designations of origin and protected geographical indications

1.Without prejudice to Article 102 of Regulation (EU) No 1308/2013, the [F20Secretary of State may, by regulations, grant] a transitional period of up to five years to enable products originating in [F21the United Kingdom] or a third country, the designation of which consists of or contains a name that contravenes Article 103(2) of Regulation (EU) No 1308/2013, to continue to use the designation under which they were marketed.

The granting of such transitional period is conditional upon the submission of an admissible statement of objection under F22... Article 98 of Regulation (EU) No 1308/2013 showing that the decision conferring protection over the name would jeopardise the existence:

(a)of an entirely identical name or of a compound name, one term of which is identical to the name to be registered; or

(b)of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market [F23in Great Britain] for at least five years preceding the date of the publication provided for in Article 97(3) of Regulation (EU) No 1308/2013.

2.The [F24Secretary of State may, by regulations, extend] the transitional period referred to in paragraph 1 up to 15 years in duly justified cases where it is shown that:

(a)the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for protection was submitted to the [F25Secretary of State];

(b)the purpose of using the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.

3.When using a designation referred to in paragraphs 1 and 2, the indication of the country of origin shall clearly and visibly appear on the labelling.

4.To overcome temporary difficulties, with the long-term objective of ensuring that all producers in the area concerned comply with the product specification, [F26the Secretary of State may use any power the Secretary of State has to make regulations to] grant protection for a transitional period, starting from the date on which the application is forwarded to the [F27Secretary of State], on condition that the operators concerned have legally marketed the grapevine products in question using the names concerned continuously for at least the five years prior to the lodging of the application [F28with the Secretary of State] and that these temporary difficulties had been raised in the F29... objection procedure referred to in Article [F3098] of Regulation (EU) No 1308/2013. The transitional period shall be as short as possible and shall not exceed 10 years.

The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the objection procedure.

Such transitional periods shall be indicated in the application file referred to in Article 94(1) of Regulation (EU) No 1308/2013.

[F315.The powers to make regulations conferred on the Secretary of State by paragraphs 1 and 2 are exercisable by statutory instrument.

6.A statutory instrument containing regulations made under paragraph 1 or 2 is subject to annulment in pursuance of a resolution of either House of Parliament.

7.Such regulations may contain supplementary, incidental or consequential provision.]

Textual Amendments

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