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

CHAPTER II U.K. PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

SECTION 1 U.K. Application for protection

F1 Article 2 U.K. Applications for protection from Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 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), 27(4)

Article 3 U.K. Applications for protection from third countries

Applications for protection that concern a geographical area in a third country shall be submitted by a single producer within the meaning of Article 3 of Delegated Regulation (EU) 2019/33 or a group of producers having a legitimate interest, either directly to the [F2 Secretary of State] or via the authorities of that third country, and shall, in addition, comply with the requirements of Article 94(3) of Regulation (EU) No 1308/2013.

Textual Amendments

F2 Words in Art. 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(5)

Article 4 U.K. Joint applications

[F3 1. A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, must be submitted to the Secretary of State by:

(a) a group of producers in one of the countries in which part of the relevant geographical area is situated,

(b) a single producer in one of the countries in which part of the relevant geographical area is situated in a case where, in relation to that country and that area, Article 3 of Delegated Regulation (EU) 2019/33 applies, or

(c) through the authorities of a third country in which part of the relevant geographical area is situated.

1a. Where a joint application concerns a geographical area that includes an area in the United Kingdom, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, except for the requirement in paragraph 3 of that Article.

1b. Where a joint application concerns a geographical area that includes an area in a third country, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, including the requirement laid down in paragraph 3 of that Article.]

2. The [F4 group of producers, single producer or third country authority] which submits to the [F5 Secretary of State] a joint application as referred to in paragraph 1 becomes the consignee of any notification or decision issued by the [F5 Secretary of State].

Textual Amendments

F3 Art. 4(1)-(1b) substituted for Art. 4(1) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(6)(a)

F4 Words in Art. 4(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), 27(6)(b)(i)

F5 Words in Art. 4(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), 27(6)(b)(ii)

Article 5 U.K. Single document

1. The single document referred to in point (d) of Article 94(1) of Regulation (EU) No 1308/2013 shall include the following main elements of the product specification:

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

[F6 (b) where the demarcated area, or any part of it, is situated in Great Britain, the name ‘Great Britain’;

(ba) where the demarcated area, or any part of it, is situated in Northern Ireland, the name ‘Northern Ireland’;

(bb) where the demarcated area, or any part of it, is situated in a third country, the name of the third country;]

(c) the type of geographical indication;

(d) a description of the wine or wines;

(e) the categories of grapevine products;

(f) the maximum yields per hectare;

(g) the indication of the wine grape variety or varieties from which the wine or wines are obtained;

(h) a concise definition of the demarcated geographical area;

(i) a description of the link referred to in point (a)(i) or in point (b)(i) of Article 93(1) of Regulation (EU) No 1308/2013;

(j) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(k) where applicable, the specific rules concerning packaging and labelling and all other essential relevant requirements.

2. The description of the link referred to in point (i) of paragraph 1 shall include:

(a) in the case of a designation of origin, a description of the causal link between the quality and characteristics of the product and the geographical environment with its inherent natural and human factors to which they are essentially or exclusively linked, including, where applicable, elements of the product description or production method justifying the link;

(b) in the case of a geographical indication, a description of the causal link between the geographical origin and the relevant specific quality, reputation or other characteristics attributable to the geographical origin of the product, accompanied by a statement indicating on which ones of the given factors — specific quality, reputation or other characteristics attributable to the geographical origin of the product — the causal link is based. The description may also concern the elements of the product description or production method justifying the causal link.

Where an application covers different categories of grapevine products, the details bearing out the link shall be demonstrated for each of the grapevine products concerned.

3. The single document shall be drawn up [F7 using] the model for single documents set out in Annex I.

Textual Amendments

F6 Art. 5(1)(b)-(bb) substituted for Art. 5(1)(b) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(7)(a)

F7 Word in Art. 5(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(7)(b)

Article 6 U.K. Geographical area

The demarcated geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.

Article 7 U.K. Scrutiny procedure

1. If an admissible application does not meet the conditions laid down in Subsection 2 of Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, the [F8 Secretary of State] shall inform the [F9 applicant] or authorities of the third country [F10 , where relevant,] of the grounds for refusal, setting a deadline for the withdrawal or modification of the application or for the submission of comments.

If, following that information, substantial modifications are made to the product specification, [F11 a] new version of the single document [F12 , where relevant, and a] consolidated version of the proposed product specification [F13 must be submitted to the Secretary of State].

2. If the obstacles to the conferral of protection are not remedied by the [F14 applicant] or third-country authorities F15 ... within the given deadline, the [F16 Secretary of State] shall reject the application in accordance with Article 97(4) of Regulation (EU) No 1308/2013.

3. Any decision to reject the application concerned shall be taken by the [F17 Secretary of State] on the basis of the documents and information available to [F18 the Secretary of State]. The [F17 Secretary of State] shall notify the [F19 applicant] or the third-country authorities [F20 , as relevant,] of the decision to reject the application.

Textual Amendments

F8 Words in Art. 7(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(8)(a)(i)(aa)

F9 Word in Art. 7(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(8)(a)(i)(bb)

F10 Words in Art. 7(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(8)(a)(i)(cc)

F11 Word in Art. 7(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(8)(a)(ii)(aa)

F12 Words in Art. 7(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(8)(a)(ii)(bb)

F13 Words in Art. 7(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(8)(a)(ii)(cc)

F14 Word in Art. 7(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), 27(8)(b)(i)

F15 Words in Art. 7(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), 27(8)(b)(ii)

F16 Words in Art. 7(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), 27(8)(b)(iii)

F17 Words in Art. 7(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(8)(c)(i)

F18 Words in Art. 7(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(8)(c)(ii)

F19 Word in Art. 7(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(8)(c)(iii)

F20 Words in Art. 7(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(8)(c)(iv)

SECTION 2 U.K. Objection procedure

Article 8 U.K. Procedural rules for objections

1. A substantiated statement of objection as referred to in Article 98 of Regulation (EU) No 1308/2013 and Article 11(1) of Delegated Regulation (EU) 2019/33 shall contain:

(a) the [F21 name of the proposed designation of origin or geographical indication] to which the objection relates;

(b) the name and contact details of the authority or person that lodged the objection;

(c) a description of the legitimate interest of the natural or legal person that lodged the objection, with the exclusion of national authorities having legal personality in the national legal order;

(d) an indication of the grounds for objection, as referred to in Article 11(1) of Delegated Regulation (EU) 2019/33;

(e) the details of the facts, evidence and comments in support of the objection.

It may be accompanied by supporting documents, where relevant.

If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:

(a) proof of the filing or the registration of the earlier trade mark or proof of its use; and

(b) proof of its reputation and renown.

The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.

A substantiated statement of objection shall be drawn up in accordance with the form set out in Annex II.

2. The period of three months referred to in Article 12(1) of Delegated Regulation (EU) 2019/33 shall commence on the date on which the invitation to engage in consultations is delivered to the interested parties by electronic means.

3. The [F22 Secretary of State] shall be notified of the results of the consultations referred to in Article 12(3) and (4) of Delegated Regulation (EU) 2019/33 within one month from the end of the consultations in accordance with the form set out in Annex III to this Regulation.

Textual Amendments

F21 Words in Art. 8(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), 27(9)(a)

F22 Words in Art. 8(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(9)(b)

SECTION 3 U.K. Amendments to the product specification

Article 9 U.K. Applications for [F23 non-standard] amendments

1. An application for a [F24 non-standard] amendment to a product specification, as referred to in Article 105 of Regulation (EU) No 1308/2013 and Articles 15 and 16 of Delegated Regulation (EU) 2019/33 shall contain:

(a) the reference to the protected name to which the amendment relates;

(b) the name of the applicant and a description of the legitimate interest of the applicant;

(c) the heading in the product specification affected by the amendment;

(d) an exhaustive description of and the specific reasons for each of the amendments proposed;

(e) the consolidated and duly completed single document, as modified;

(f) [F25 a copy] of the consolidated and duly completed product specification, as modified.

2. An application for [F26 a non-standard] amendment shall be drawn up [F27 using] the form set out in Annex IV.

The amended single document shall be drawn up in accordance with Article 5. F28 ...

3. The information to be published in accordance with Article 97(3) of Regulation (EU) No 1308/2013 shall contain the duly completed application as referred to in paragraphs 1 and 2 of this Article.

Textual Amendments

F23 Word in Art. 9 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), 27(10)(a)

F24 Word in Art. 9(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(10)(b)(i)

F25 Words in Art. 9(1)(f) 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(10)(b)(ii)

F26 Words in Art. 9(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), 27(10)(c)(i)(aa)

F27 Word in Art. 9(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), 27(10)(c)(i)(bb)

F28 Words in Art. 9(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), 27(10)(c)(ii)

Article 10 U.K. Communicating a standard amendment [F29 concerning a grapevine product originating in a third country]

1. The communication of standard amendments to the product specification [F30 concerning a grapevine product originating in a third country], as referred to in Article [F31 17(3)] of Delegated Regulation (EU) 2019/33 shall contain:

(a) the reference to the protected name to which the standard amendment relates;

(b) a description of and the reasons for the approved amendments;

(c) [F32 a copy of] the decision approving the standard amendment as referred to in [F33 Article 17(3)] of Delegated Regulation (EU) 2019/33;

(d) the consolidated single document, as modified, where relevant;

(e) [F34 a copy] of the consolidated product specification, as modified.

F35 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. F36 ... the communication from the authorities of the third country or by an applicant within the meaning of Article 3 having a legitimate interest shall include proof that the amendment is applicable in the third country. F37 ...

F38 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The form set out in Annex V shall be used for communications [F39 to which this Article applies].

Textual Amendments

F29 Words in Art. 10 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), 27(11)(a)

F30 Words in Art. 10(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(11)(b)(i)(aa)

F31 Word in Art. 10(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(11)(b)(i)(bb)

F32 Words in Art. 10(1)(c) 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(11)(b)(ii)(aa)

F33 Words in Art. 10(1)(c) 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(11)(b)(ii)(bb)

F34 Words in Art. 10(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(11)(b)(iii)

F35 Art. 10(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), 27(11)(c)

F36 Words in Art. 10(3) 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(11)(d)(i)

F37 Words in Art. 10(3) 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(11)(d)(ii)

F38 Art. 10(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(11)(e)

F39 Words in Art. 10(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), 27(11)(f)

Article 11 U.K. Communicating a temporary amendment [F40 concerning a grapevine product originating in a third country]

1. The communication of a temporary amendment to the product specification [F41 concerning a grapevine product originating in a third country], as referred to in Article [F42 18(3)] of Delegated Regulation (EU) 2019/33 shall contain:

(a) the reference to the protected name to which it relates;

(b) a description of the approved temporary amendment together with the reasons supporting the temporary amendment referred to in [F43 the words before point (a) of Article 14(2d)] of Delegated Regulation (EU) 2019/33 [F44 as recognised by a competent authority in the third country in question];

(c) the electronic reference to the publication of the national decision approving the temporary amendment;

(d) [F45 a consolidated copy of the product specification incorporating the approved temporary amendment in a way that makes the temporary amendment readily apparent.]

F46 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. F47 ... the communication from the authorities of the third country or by an applicant within the meaning of Article 3 having a legitimate interest shall include proof that the amendment is applicable in the third country. F48 ...

F49 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The form set out in Annex VI shall be used for communications [F50 to which this Article applies].

Textual Amendments

F40 Words in Art. 11 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), 27(12)(a)

F41 Words in Art. 11(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(12)(b)(i)(aa)

F42 Word in Art. 11(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(12)(b)(i)(bb)

F43 Words in Art. 11(1)(b) 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(12)(b)(ii)(aa)

F44 Words in Art. 11(1)(b) 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(12)(b)(ii)(bb)

F45 Art. 11(1)(d) 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(12)(b)(iii)

F46 Art. 11(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), 27(12)(c)

F47 Words in Art. 11(3) 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(12)(d)(i)

F48 Words in Art. 11(3) 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(12)(d)(ii)

F49 Art. 11(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(12)(e)

F50 Words in Art. 11(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), 27(12)(f)

SECTION 4 U.K. Register

Article 12 U.K. Register

1. [F51 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 [F52 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 [F53 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;

F54 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55 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.]

[F56 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. [F57 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. [F58 The cancellation takes effect immediately after the name is deleted from the register.]

F59 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The register shall be accessible to the public.

Textual Amendments

F51 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)

F52 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)

F53 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)

F54 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)

F55 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)

F56 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

F57 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)

F58 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)

F59 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)

[F60 Article 12a U.K. Register: established protected designations of origin and established protected geographical indications

1. The Secretary of State must include the relevant data for each established protected designation of origin and established protected geographical indication in Great Britain's PDOs and PGIs Register.

2. The Secretary of State must include the relevant data referred to in paragraph 1 in Great Britain's PDOs and PGIs Register at the time the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State.

3. The Secretary of State must use the Secretary of State's best endeavours in relation to each established protected designation of origin and established protected geographical indication to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication, and attach that document to Great Britain's PDOs and PGIs Register.

4. Where the EU product specification for a corresponding EU designation of origin or corresponding EU geographical indication is in a foreign language the Secretary of State must attach an English language translation of that product specification to the register instead of the foreign language version of that document.

5. The Secretary of State must attach the product specification referred to in paragraph 3 (as read with paragraph 4) to Great Britain's PDOs and PGIs Register at the time when the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State.

6. The EU product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) must be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme.

7. Paragraph 6 does not prevent a product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 6 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013.

8. Where paragraph 9 applies, the Secretary of State may, in relation to an established protected designation of origin or established protected geographical indication, attach a copy of an EU single document for the corresponding EU designation of origin or corresponding EU geographical indication to the register.

9. This paragraph applies if, in relation to an established protected designation of origin or established protected geographical indication, the Secretary of State is unable to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication within a period of three years beginning with the day after the day on which IP completion day falls.

10. Where the Secretary of State decides to attach an EU single document for a corresponding EU designation of origin or corresponding EU geographical indication to Great Britain's PDOs and PGIs Register under paragraph 8 and that EU single document is in a foreign language, the Secretary of State must attach an English language translation of that single document to the register instead of the foreign language version of that document.

11. The copy of the EU single document attached to the register pursuant to paragraph 8 (as read with paragraph 10) is to be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme.

12. Paragraph 11 does not prevent a single document attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 8 (as read with paragraph 10) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 11 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013.

13. In this Article:

(a) ‘the corresponding EU designation of origin’, in relation to an established protected designation of origin, means the designation of origin that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected designation of origin;

(b) ‘the corresponding EU geographical indication’, in relation to an established protected geographical indication, means the geographical indication that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected geographical indication;

(c) ‘established protected designation of origin’ has the meaning given by Article 107(2)(a) of Regulation (EU) No 1308/2013;

(d) ‘established protected geographical indication’ has the meaning given by Article 107(2)(b) of Regulation (EU) No 1308/2013;

(e) ‘the European Commission's PDOs and PGIs Register’ means the register established by the Commission under Article 104 of EU Regulation 1308/2013;

(f) ‘Great Britain's PDOs and PGIs Register’ means the register established by the Secretary of State under Article 104 of Regulation (EU) No 1308/2013;

(g) ‘the legislation relating to the GB wine scheme’ means:

(i) the provisions in Section 2 of Title 2 of Part 2 of Regulation (EU) No 1308/2013,

(ii) Delegated Regulation (EU) 2019/33, and

(iii) this Regulation;

(h) ‘the relevant data’, in relation to an established protected designation of origin or established protected geographical indication, means the data specified in Article 12(1)(a), (c) and (d) of EU Regulation 2019/34 that is recorded in the European Commission's PDOs and PGIs Register for the corresponding EU designation of origin or corresponding EU geographical indication immediately before IP completion day.

14. In this Article any reference to:

(a) the EU product specification relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the product specification for the corresponding EU designation of origin or corresponding EU geographical indication as that product specification stood immediately before IP completion day;

(b) the EU single document relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the single document for the corresponding EU designation of origin or corresponding EU geographical indication as that single document stood immediately before IP completion day.]

Textual Amendments

F60 Art. 12a 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(14), Sch. 9 Pt. 3

SECTION 5 U.K. Cancellation

Article 13 U.K. Cancellation requests

1. A request to cancel the protection of a designation of origin or geographical indication as referred to in Article 106 of Regulation (EU) No 1308/2013 shall contain:

(a) the reference to the protected name to which it relates;

(b) the name and contact details of the authority or natural or legal person seeking to cancel the protection;

(c) a description of the legitimate interest of the natural or legal person seeking to cancel the protection, with the exclusion of national authorities having legal personality in the national legal order;

(d) an indication of the grounds for cancellation;

(e) the details of the facts, evidence and comments in support of the cancellation request.

It may be accompanied by supporting documents, where relevant.

A cancellation request shall be drawn up in accordance with the form set out in Annex VII.

SECTION 6 U.K. Use of the F61 ... symbol

Article 14 U.K. The F62 ... symbol

[F63 1.] The F64 ... symbol indicating the protected designation of origin or the protected geographical indication, referred to in Article 120(1)(e) of Regulation (EU) No 1308/2013, shall be [F65 the symbol for a protected designation of origin or protected geographical indication, as relevant, established pursuant to Article 12(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as laid down in the Annex to Commission Delegated Regulation (EU) No 664/2014 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules].

[F66 2. Where used, the symbol must be used in accordance with Article 13(2) of Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.]

Textual Amendments

F62 Word in Art. 14 heading 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(16)(a)

F63 Art. 14 renumbered as Art. 14(1) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(16)(b)

F64 Word in Art. 14(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), 27(16)(c)(i)

F65 Words in Art. 14(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(16)(c)(ii)

F66 Art. 14(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), 27(16)(d)

Textual Amendments

F61 Word in Ch. 2 Section 6 heading 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(15)

SECTION 7 U.K. Checks

Article 15 U.K. Authorities responsible for verifying compliance with the product specification

1. When performing the checks provided for in this Section, the responsible competent authorities and control bodies shall comply with the requirements laid down in Regulation [F67 2017/625].

2. In respect of protected designations of origin and protected geographical indications relating to a geographical area in [F68 Northern Ireland or] a third country, annual verification of compliance with the product specification, during the production phase and during or after conditioning of the wine, shall be performed by:

(aa) [F69 in relation to a product produced in Northern Ireland, the authority designated for that purpose by regulation 4 of the Wine Regulations 2011 as that regulation extends to Northern Ireland;]

(a) [F70 in relation to a product produced in a third country,] one or more public authorities designated by the third country; or

(b) [F71 in relation to a product produced in Northern Ireland or a third country,] one or more certification bodies.

3. The control bodies referred to in Article 90(3) of Regulation (EU) No 1306/2013 and the one or more certification bodies referred to in point (b) of paragraph 2 of this Article shall comply with, and be accredited in accordance with, the International standard ISO/IEC 17065:2012.

By way of derogation from paragraph 1, [F72 until 14th January 2021], Cyprus shall not be bound by the obligation to comply with and be accredited in accordance with the International standard ISO/IEC 17065:2012.

4. Where the authority referred to in Article 90(2) of Regulation (EU) No 1306/2013 and the one or more authorities referred to in point (a) of paragraph 2 of this Article verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.

5. Each operator wishing to participate in all or part of the production or, where relevant, packaging of a product bearing a protected designation of origin or geographical indication shall inform the competent authority referred to in Article 90(2) of Regulation (EU) No 1306/2013 accordingly.

F73 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Word in Art. 15(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(17)(a)

F68 Words in Art. 15(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), 27(17)(b)(i)

F69 Art. 15(2)(aa) 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(17)(b)(ii)

F70 Words in Art. 15(2)(a) 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(17)(b)(iii)

F71 Words in Art. 15(2)(b) 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(17)(b)(iv)

F72 Words in Art. 15(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(17)(c)

F73 Art. 15(6) 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(17)(d)

F74 Article 16 U.K. Actions to be carried out by the Member States to prevent unlawful use of protected designations of origin and protected geographical indications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Art. 16 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(18)

[F75 Article 17 U.K. Names and addresses of competent authorities etc.

The Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time, the names and addresses of the competent authority or control bodies responsible for carrying out checks relating to the use of protected designations of origin and protected geographical indications in Great Britain.]

Textual Amendments

F75 Art. 17 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(19)

Article 18 U.K. Communication between third countries and the [F76 Secretary of State]

Where wines from a third country benefit from a protected designation of origin or geographical indication, the third country concerned shall send the [F77 Secretary of State, at the Secretary of State's] request:

(a)

information on the designated authorities or certification bodies which perform the annual verification of compliance with the product specification, during the production and during or after conditioning of the wine;

(b)

information setting out what aspects are covered by the checks;

(c)

proof that the wine in question fulfils the conditions of the relevant designation of origin or geographical indication.

Textual Amendments

F76 Words in Art. 18 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), 27(20)(a)

F77 Words in Art. 18 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(20)(b)

Article 19 U.K. Annual verification

1. The annual verification carried out by the competent authority or control bodies referred to in Article 90(3) of Regulation (EU) No 1306/2013 shall consist of:

(a) an organoleptic and analytical testing for products bearing a designation of origin;

(b) either analytical testing only or both organoleptic and analytical testing for products bearing a geographical indication;

(c) checking compliance with the other conditions set out in the product specification.

The annual verification shall be conducted in [F78 Great Britain] in accordance with the product specification and shall be carried out through one or more of the following methods:

(a) through random checks based on a risk analysis;

(b) through sampling;

(c) systematic checks.

Where F79 ... random checks referred to in point (a) of the second subparagraph [F80 are carried out, the competent authority or the delegated body] shall select the minimum number of operators to be subjected to those checks.

Where F81 ... sampling referred to in point (b) of the second subparagraph [F82 is carried out, the competent authority or the delegated body] shall ensure that by the number, nature and frequency of controls, the sampling is representative of the whole of the demarcated geographical area in question and corresponds to the volume of wine-sector products marketed or held with a view to their marketing.

2. The testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 shall be performed on anonymous samples and shall demonstrate that the product tested complies with the characteristics and qualities described in the product specification for the relevant designation of origin or geographical indication.

The testing shall be carried out at any stage in the production process, and at the packaging stage, where relevant. Each sample taken shall be representative of the relevant wines held by the operator.

3. For the purposes of checking compliance with the product specification referred to in point (c) of the first subparagraph of paragraph 1, the control authority shall:

(a) conduct an on-site check at the premises of operators to verify that the operators are actually able to meet the conditions laid down in the product specification;

(b) conduct a check on the products at any stage of the production process, and at the packaging stage, where relevant, on the basis of an inspection plan covering every stage of production of the product, drawn up in advance by the control authority and of which operators are aware.

4. The annual verification shall ensure that a product cannot use the protected designation of origin or geographical indication relating to it unless:

(a) the results of the testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 and in paragraph 2 prove that the product in question complies with the conditions in the product specification and possesses all the appropriate characteristics of the designation of origin or geographical indication concerned;

(b) the checks carried out in accordance with paragraph 3 confirm that the other conditions listed in the product specification are met.

F83 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Any product failing to meet the conditions set out in paragraphs 1 to [F84 4] may be placed on the market, but without the relevant designation of origin or geographical indication, provided that the other legal requirements are satisfied.

F85 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86 9. In this Article, ‘delegated body’ has the meaning given by point (5) of Article 3 of Regulation 2017/625.]

Textual Amendments

F78 Words in Art. 19(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(21)(a)(i)

F79 Words in Art. 19(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), 27(21)(a)(ii)(aa)

F80 Words in Art. 19(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(21)(a)(ii)(bb)

F81 Words in Art. 19(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), 27(21)(a)(iii)(aa)

F82 Words in Art. 19(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(21)(a)(iii)(bb)

F83 Art. 19(5) 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(21)(b)

F84 Word in Art. 19(6) 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(21)(c)

F85 Art. 19(7)(8) 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(21)(d)

F86 Art. 19(9) 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(21)(e)

Article 20 U.K. Analytical and organoleptic testing

The analytical and organoleptic testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 of Article 19 shall consist of:

(a)

a physical and chemical analysis of the wine in question, measuring the following characteristic properties:

(i)

total and actual alcoholic strength,

(ii)

total sugars expressed in terms of fructose and glucose (including any sucrose, in the case of semi-sparkling and sparkling wines),

(iii)

total acidity,

(iv)

volatile acidity,

(v)

total sulphur dioxide;

(b)

an additional analysis of the wine in question, measuring the following characteristic properties:

(i)

carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 °C),

(ii)

any other characteristic properties provided for in [F87 any other enactment relating to, or in the product specification of, the] protected designations of origin and geographical indications concerned;

(c)

an organoleptic test covering visual appearance, odour and taste.

[F88 In this Article, ‘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.]

Textual Amendments

F87 Words in Art. 20(b)(ii) 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(22)(a)

F88 Words in Art. 20 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(22)(b)