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

Article 25 U.K. Registration

1. [F1 Following the publication of a notice under Article 31(3a) of Implementing Regulation (EU) 2019/33 by the Secretary of State relating to a decision by the Secretary of State to confer] protection over a traditional term, the [F2 Secretary of State] shall record the following data in the electronic register of protected traditional terms [F3 as soon as possible after the notice period has expired]:

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

(b) the type of traditional term according to Article 112 of Regulation (EU) No 1308/2013;

(c) the language referred to in Article 24 of Delegated Regulation (EU) 2019/33;

(d) the grapevine product category or categories concerned by the protection;

(e) a reference to the national legislation of the F4 ... country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in [F5 a third] country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;

(f) a summary of the definition or conditions of use;

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

(h) the date of inclusion in the register.

[F6 1a. An entry made in Great Britain's Traditional Terms Register pursuant to paragraph 1 takes effect immediately after the entry relating to the traditional term is recorded in the register.]

2. The electronic register of protected traditional terms shall be made available to the public.

[F7 3. A traditional term to which paragraph 4 applies may be entered in Great Britain's Traditional Terms Register where the condition in paragraph 5 is satisfied.

4. This paragraph applies to a traditional term used in a third country that must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’).

5. The condition is that the traditional term is a traditional term that was protected in the European Union immediately before IP completion day pursuant to an international agreement to which the European Union and the third country were contracting parties.

6. The same protection is to be afforded to a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33.

7. In relation to the protection of a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term:

(a) insofar as relevant, any conditions laid down in the law of the third country relating to the use of the traditional term, and

(b) any other conditions referred to, or laid down, in the UK-third country agreement relating to the use of the traditional term.

8. An entry recorded in the register pursuant to paragraph 3 is to be treated as taking effect:

(a) in a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is in the register as established during that period, on IP completion day;

(b) in any other case, immediately the entry is recorded in the register.]

Textual Amendments

F1 Words in Art. 25(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(27)(a)(i)(aa)

F2 Words in Art. 25(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(27)(a)(i)(bb)

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), 27(27)(a)(i)(cc)

F4 Words in Art. 25(1)(e) 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(27)(a)(ii)(aa)

F5 Words in Art. 25(1)(e) 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(27)(a)(ii)(bb)

F6 Art. 25(1a) 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(27)(b)

F7 Art. 25(3)-(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), 27(27)(c)