Commission Implementing Regulation (EU) 2019/34Show full title

Article 12 U.K. Register

1. [F1 Where the Secretary of State publishes a notice under Article 99(3) of Regulation (EU) No 1308/2013 relating to a decision of the Secretary of State to confer] protection on the name of a designation of origin or geographical indication, the [F2 Secretary of State] shall record the following data in the electronic register of protected designations of origin and protected geographical indications established in accordance with Article 104 of Regulation (EU) No 1308/2013 [F3 as soon as possible after the notice period expires]:

(a) the name to be protected as a designation of origin or geographical indication;

(b) the file number;

(c) whether the name is protected as either a designation of origin or a geographical indication;

(d) the name of the country or countries of origin;

(e) the date of registration;

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 1a. Following the publication of a notice referred to in paragraph 1, the Secretary of State must attach a copy of the single document and the product specification for the relevant designation of origin or geographical indication to the register.

1b. An entry for a designation of origin or geographical indication recorded in the register pursuant to paragraph 1 confers the protection for the designation of origin or geographical indication referred to in Article 102 of Regulation (EU) No 1308/2013 and the entry in the register, and the provisions in the product specification attached to the register, for the designation of origin or geographical indication take effect immediately after:

(a) the entry for the designation of origin or geographical indication is made in the register, and

(b) the copy of the product specification for the designation of origin or geographical indication is attached to the register.]

[F6 2. Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that entails a change to the information recorded in the register, the Secretary of State must as soon as possible after the expiry of the notice period for the notice:

(a) record the new data for the designation of origin or geographical indication, as relevant, in the register, and

(b) attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication, as relevant, to the register.

2a. The new data recorded in the register pursuant to paragraph 2(a), and the modified consolidated product specification attached to the register pursuant to paragraph 2(b), take effect immediately after:

(a) the new data has been recorded in the register, and

(b) the copy of the modified consolidated product specification is attached to the register.

2b. Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that does not entail a change to the information recorded in the register, the Secretary of State must attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication to the register as soon as possible after the notice period for the notice has expired.

2c. The modified consolidated product specification attached to the register pursuant to paragraph 2b takes effect immediately after the copy of it is attached to the register.

2d. This paragraph applies to:

(a) a notice relating to the approval of a non-standard amendment to a product specification for a designation of origin or geographical indication published under Article 99(3) of Regulation (EU) No 1308/2013 (as it applies to an application for a non-standard amendment by virtue of Article 15(1) of Delegated Regulation (EU) 2019/33);

(b) a notice relating to the approval of a UK standard amendment to a product specification for a designation of origin or geographical indication published under the Article 17(2a) of Delegated Regulation (EU) 2019/33;

(c) a notice making an approved third country standard amendment to a product specification for a designation of origin or geographical indication public published under Article 17(5) or (6) of Delegated Regulation (EU) 2019/33.

2e. Where the Secretary of State publishes a notice under Article 18(1m) of Delegated Regulation (EU) 2019/33 relating to the approval of a UK temporary amendment to a product specification for a designation of origin or geographical indication, the Secretary of State must record an entry in the register relating to the UK temporary amendment in the register as soon as possible after publishing that notice.

2f. Based on the information given in a notice published under Article 18(1m) of Delegated Regulation (EU) 2019/33, the data recorded in an entry referred to in paragraph 2e must include the period during which the UK temporary amendment is to apply.

2g. Based on the information given in a notice published under Article 18(1n) of Delegated Regulation (EU) 2019/33, the period stated in the register as the period during which the UK temporary amendment is to apply must be changed where the period is extended under Article 18(1l) of that Regulation and a notice relating to that extension of that period is published under Article 18(1n) of that Regulation.

2h. A UK temporary amendment referred to in paragraph 2e takes effect immediately after the entry referred to in that paragraph (as read with paragraphs 2f) is recorded in the register. The product specification attached to the register applies, as read with the UK temporary amendment, during the period specified in the register as the period during which the UK temporary amendment is to apply.

2i. Where the Secretary of State publishes a notice making a third country temporary amendment to a product specification for a designation of origin or geographical indication public under Article 18(5) of Delegated Regulation (EU) 2019/33, the Secretary of State must record an entry in the register relating to the third country temporary amendment as soon as possible after publishing that notice.

2j. Based on the information given in a notice published under Article 18(5) of Delegated Regulation (EU) 2019/33, the information contained in the entry referred to in paragraph 2i must include the period during which the third country temporary amendment is to apply.

2k. A third country temporary amendment referred to in paragraph 2i takes effect immediately after the entry referred to in that paragraph (as read with paragraph 2j) is recorded in the register. The product specification attached to the register applies, as read with the third country temporary amendment, during the period specified in the register pursuant to paragraph 2j.

2l. The Secretary of State must remove an entry in the register relating to a UK temporary amendment or a third country temporary amendment as soon as possible after the period specified in the register as the period during which the amendment is to apply has expired.]

3. [F7 Where the Secretary of State publishes a notice under Article 106 of Regulation (EU) No 1308/2013 (as it applies to cancellations by virtue of the first paragraph of Article 19 of Delegated Regulation (EU) 2019/33) relating to a decision of the Secretary of State to cancel a designation of origin or geographical indication, the Secretary of State must, as soon as possible after the notice period for the notice has expired,] delete the name from the register and shall maintain a record of the cancellation. [F8 The cancellation takes effect immediately after the name is deleted from the register.]

F9 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The register shall be accessible to the public.

Textual Amendments

F1 Words in Art. 12(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), 27(13)(a)(i)(aa)

F2 Words in Art. 12(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), 27(13)(a)(i)(bb)

F3 Words in Art. 12(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), 27(13)(a)(i)(cc)

F4 Art. 12(1)(f)-(h) 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), 27(13)(a)(ii)

F5 Art. 12(1a)(1b) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(13)(b)

F6 Art. 12(2)-(2l) substituted for Art. 12(2) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), reg. 1(7), Sch. 9 Pt. 2

F7 Words in Art. 12(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), 27(13)(d)(i)

F8 Words in Art. 12(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(13)(d)(ii)

F9 Art. 12(4) 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), 27(13)(e)