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

SECTION 4 U.K. Modification and cancellation

Article 34U.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.

[F1An 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

Article 35U.K.Cancellation of a traditional term

[F2The Secretary of State] may, on a duly substantiated request by F3... a third country or a natural or legal person having a legitimate interest, [F4cancel] the protection of a traditional term.

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

[F5An 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

Article 36U.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 37U.K.Admissibility of a cancellation request

1.A substantiated cancellation request shall be admissible where:

(a)it was submitted to the [F6Secretary 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 [F7Secretary of State] considers that the cancellation request is not admissible [F8the Secretary of State] shall inform the authority or person that sent the request of the reasons for inadmissibility.

3.The [F9Secretary 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

Article 38U.K.Rules concerning traditional terms used in [F10Northern 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 [F11Northern Ireland or] third countries for grapevine products covered by geographical indications or designations of origin under the [F12legislation applying in Northern Ireland or] those third countries.

2.Grapevine products originating [F13in Northern Ireland or] in third countries whose labels bear traditional indications other than the traditional terms listed in [F14Great Britain's Traditional Terms Register] may use these traditional indications on wine labels in accordance with the rules applicable in [F15Northern Ireland or] the third countries concerned, [F16as relevant, including, in the case of a third country,] those emanating from representative professional organisations.

Textual Amendments