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

SECTION 4 U.K. Modification and cancellation

Article 34 U.K. Modification of a traditional term

An applicant satisfying the conditions of Article 25 may apply for approval of a modification of a registered traditional term concerning the elements referred to in points (b), (c) and (d) of Article 26(1).

Articles 26 to 31 shall apply mutatis mutandis to applications for modification.

[F1 An implementing act to which the fourth paragraph applies is revoked.

This paragraph applies to an implementing act:

(a) concerning a decision of the European Commission relating to an application to modify a traditional term registered in the European Union at the time the application was submitted,

(b) adopted by the European Commission pursuant to Article 34 of EU Regulation 2019/33 following the procedure referred to in the second paragraph of that Article, and

(c) incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

F1 Words in Art. 34 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(32)

Article 35 U.K. Cancellation of a traditional term

[F2 The Secretary of State] may, on a duly substantiated request by F3 ... a third country or a natural or legal person having a legitimate interest, [F4 cancel] the protection of a traditional term.

Articles 26 to 31 shall apply mutatis mutandis to applications for cancellation.

[F5 An implementing act to which the fourth paragraph applies is revoked.

This paragraph applies to an implementing act adopted by the European Commission pursuant to Article 35 of EU Regulation 2019/33 following the procedure referred to in the second paragraph of that Article and incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

F2 Words in Art. 35 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(33)(a)(i)

F3 Words in Art. 35 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(33)(a)(ii)

F4 Word in Art. 35 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(33)(a)(iii)

F5 Words in Art. 35 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(33)(b)

Article 36 U.K. Grounds for cancellation

The protection of a traditional term shall be cancelled where:

(a)

the traditional term no longer meets the requirements laid down in Articles 27, 32 or 33;

(b)

compliance with the corresponding definition and conditions of use is no longer ensured.

Article 37 U.K. Admissibility of a cancellation request

1. A substantiated cancellation request shall be admissible where:

(a) it was submitted to the [F6 Secretary of State by] a third country or a natural or legal person having a legitimate interest; and

(b) it is based on one of the grounds referred to in Article 36.

The duly substantiated cancellation request shall be admissible only if it demonstrates the legitimate interest of the applicant.

2. Where the [F7 Secretary of State] considers that the cancellation request is not admissible [F8 the Secretary of State] shall inform the authority or person that sent the request of the reasons for inadmissibility.

3. The [F9 Secretary of State] shall make the cancellation request available to the authorities and persons affected in accordance with Article 30(4) of Implementing Regulation (EU) 2019/34.

4. Substantiated statements of objection to cancellation requests shall be admissible only if they show continued commercial reliance on the registered name by an interested person.

Textual Amendments

F6 Words in Art. 37(1)(a) 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(34)(a)

F7 Words in Art. 37(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(34)(b)(i)

F8 Words in Art. 37(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(34)(b)(ii)

F9 Words in Art. 37(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(34)(c)

Article 38 U.K. Rules concerning traditional terms used in [F10 Northern Ireland and] third countries

1. The definition of traditional terms provided for in Article 112 of Regulation (EU) No 1308/2013 shall apply mutatis mutandis to terms traditionally used in [F11 Northern Ireland or] third countries for grapevine products covered by geographical indications or designations of origin under the [F12 legislation applying in Northern Ireland or] those third countries.

2. Grapevine products originating [F13 in Northern Ireland or] in third countries whose labels bear traditional indications other than the traditional terms listed in [F14 Great Britain's Traditional Terms Register] may use these traditional indications on wine labels in accordance with the rules applicable in [F15 Northern Ireland or] the third countries concerned, [F16 as relevant, including, in the case of a third country,] those emanating from representative professional organisations.

Textual Amendments

F10 Words in Art. 38 heading 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(35)(a)

F11 Words in Art. 38(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(35)(b)(i)

F12 Words in Art. 38(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(35)(b)(ii)

F13 Words in Art. 38(2) 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(35)(c)(i)

F14 Words in Art. 38(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(35)(c)(ii)

F15 Words in Art. 38(2) 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(35)(c)(iii)

F16 Words in Art. 38(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(35)(c)(iv)