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

SECTION 1 U.K. Applications for protection and examination procedure

Article 24 U.K. Language and spelling of the traditional term

1. A traditional term shall be registered:

(a) in the official language or regional language of the F1 ... country from which the term originates; or

(b) in the language used in trade for this term.

2. A traditional term shall be registered with its original spelling and in its original script. Where the original script is not in Latin characters, a transcription in Latin characters shall be registered together with the name in its original script.

Textual Amendments

F1 Words in Art. 24(1)(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(19)

Article 25 U.K. Applicants

1. Competent authorities of F2 ... third countries or representative professional organisations established in [F3 the United Kingdom or] third countries may apply for the protection of a traditional term.

2. ‘Representative professional organisation’ shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in the area of one or more wine designations of origin or geographical indications where it includes in its membership at least two thirds of the producers established in the area in which it operates and accounts for at least two thirds of the production of that area. A representative professional organisation may lodge an application for protection only for grapevine products which it produces.

Textual Amendments

F2 Words in Art. 25(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), 26(20)(a)

F3 Words in Art. 25(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(20)(b)

Article 26 U.K. Admissibility of the application

1. Applications for protection are considered admissible where they are submitted in compliance with Article 25 of this Regulation and Article 21 and Article 30(3) of Implementing Regulation (EU) 2019/34 and are duly completed.

An application shall be considered to be duly completed where it contains the following information:

(a) the name to be protected as a traditional term;

(b) the type of traditional term, whether it falls under Article 112(a) or (b) of Regulation (EU) No 1308/2013;

(c) the language in which the name to be protected as a traditional term is expressed;

(d) the grapevine product category or categories concerned;

(e) a summary of the definition and conditions of use;

(f) the protected designations of origin or protected geographical indications concerned.

2. The application shall be accompanied by a copy of the legislation F4 ... or rules applicable to wine producers in the F5 ... country or countries concerned, governing the use of the term in question, and a reference to the publication of that legislation or those rules.

[F6 2a. In the case of an application concerning a term originating in Great Britain, a copy of an enactment need not be provided under paragraph 2 where the title of the enactment is given together with its year and chapter, serial or other identifying number.

2b. In the case of an application concerning a term originating in Northern Ireland, a copy of the following enactments need not be provided under paragraph 2 where the title of the relevant enactment is given together with its year and chapter, serial or other identifying number:

(a) an Act that extends to Northern Ireland, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under such an Act that extends to Northern Ireland;

(b) Northern Ireland legislation and an enactment contained in an instrument made under Northern Ireland legislation but not any legislation that forms part of the domestic law of Northern Ireland by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]

3. If the application is not duly completed or if the documents referred to in paragraph 2 have not been provided with the application, the application shall be inadmissible.

4. Where the application is inadmissible, the [F7 applicant, in the case of an application concerning a term originating in the United Kingdom, or, in the case of an application concerning a term originating in a third country, the authorities of the third country or the applicant established in the third country in question,] shall be informed of the reasons for its inadmissibility and that they are entitled to submit another application duly completed.

[F8 5. In paragraph 2a, ‘enactment’ means the following legislation whenever passed or made:

(a) an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland;

(b) retained direct EU legislation, except to the extent that it extends to Northern Ireland;

(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.]

Textual Amendments

F4 Words in Art. 26(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), 26(21)(a)(i)

F5 Word in Art. 26(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), 26(21)(a)(ii)

F6 Art. 26(2a)(2b) 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(21)(b)

F7 Words in Art. 26(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), 26(21)(c)

F8 Art. 26(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), 26(21)(d)

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 F9 ... 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 F10 ... 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 [F11 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.

[F12 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 F13 ... 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 [F14 United Kingdom].

Textual Amendments

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

Article 28 U.K. Scrutiny by the [F15 Secretary of State]

1. The date of submission of an application for protection of a traditional term shall be the date on which the application is received by the [F16 Secretary of State].

2. The [F17 Secretary of State] shall examine whether the application for protection meets the conditions laid down in this Chapter.

3. Where the [F18 Secretary of State] considers that the conditions laid down in Articles 26 and 27 are met, [F19 the Secretary of State must publish the application in such manner as appears appropriate to the Secretary of State from time to time].

4. If an application for the protection of a traditional term does not meet the conditions laid down in this Chapter, the [F20 Secretary of State] shall inform the applicant of the grounds for refusal, setting a deadline for the withdrawal or modification of the application or for the submission of comments.

5. If the obstacles are not remedied by the applicant within the deadline referred to in paragraph 4, the [F21 Secretary of State must reject the application].

[F22 6. After making a decision to reject an application under paragraph 5, the Secretary of State must publish a notice in such manner as appears appropriate to the Secretary of State from time to time:

(a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and

(b) providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made.

7. An implementing act to which paragraph 8 applies is revoked.

8. This paragraph applies to an implementing act adopted by the European Commission under Article 28 of EU Regulation 2019/33 and incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

F15 Words in Art. 28 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), 26(26)(a)

F16 Words in Art. 28(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), 26(26)(b)

F17 Words in Art. 28(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), 26(26)(b)

F18 Words in Art. 28(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(26)(c)(i)

F19 Words in Art. 28(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(26)(c)(ii)

F20 Words in Art. 28(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), 26(26)(d)

F21 Words in Art. 28(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), 26(26)(e)

F22 Art. 28(6)-(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), 26(26)(f)