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- Original (As adopted by EU)
Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
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Textual Amendments
F1Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)
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Textual Amendments
1.In the table in Part 3:
‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 36a(1);
‘the relevant pre-IP completion day legislation’ means:
in the case of an application to register a geographical indication submitted to the European Commission under EU Regulation 110/2008, Article 17 of that Regulation;
in the case of an application to register a geographical indication submitted to the European Commission under EU Regulation 2019/787, Article 24 of that Regulation;
‘the relevant trade mark application’ means the application to register a trade mark referred to in Article 36a(2) or (3)(a), as relevant;
‘the relevant EUIA-based date’ means the date determined in accordance with Part 2.
2.In the table in Part 3, in a case where the relevant EUIA-based date applies, the relevant EUIA-based date means:
the date provided for in paragraph 3, or
where paragraph 3 does not apply, the date provided for in the relevant point of paragraph 4, or paragraph 5, as relevant to the geographical indication.
3.In a case where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to a geographical indication contained priority provisions that applied to the geographical indication, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that geographical indication.
4.In a case of a type 2A, 2B, 3A or 3B geographical indication to which paragraph 3 does not apply, the relevant EUIA-based date is:
in a case where the geographical indication was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA (without the need for further action to be taken under the EUIA), the date on which the amendment entered into force;
in a case where the geographical indication was protected in the European Union immediately before IP completion day pursuant to a provision in the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the provision was provisionally applied;
in a case where the geographical indication was protected in the European Union immediately before IP completion day pursuant to an amendment made to the EUIA that was provisionally applied before IP completion day (without the need for further action to be taken under the EUIA), the date on which the amendment was provisionally applied;
in a case where the geographical indication was protected in the European Union immediately before IP completion day following the submission and processing of a request, or application, for protection or assessment (however described) under a provision in the EUIA providing for such requests, or applications, the date on which the request, or application, for protection or assessment was submitted under the EUIA;
in any other case, including a case where the geographical indication was protected in the European Union immediately before IP completion day pursuant to provisions in the EUIA that applied from the date that the EUIA entered into force (without the need for further action to be taken under the EUIA), the date on which the relevant EUIA entered into force.
5.In a case of a type 4A or 4B geographical indication to which paragraph 3 does not apply and for which a request, or application, for protection or assessment (however described) was submitted before IP completion day in accordance with provisions in the EUIA, the relevant EUIA-based date is the date on which the request, or application, for protection or assessment was submitted in accordance with the EUIA.
6.Any reference in this Part to:
‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including:
a calendar date specified in the EUIA;
a date relating to the happening of a specified event;
‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and geographical indications that provided (however expressed):
that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was made after a date provided for in the EUIA,
that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was made after a date provided for in the EUIA, or
for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii);
‘without the need for further action to be taken under the EUIA’, in relation to a geographical indication protected in the European Union immediately before IP completion day pursuant to an EUIA, means:
that the provisions in the EUIA providing for the geographical indication to be protected in the European Union did not require a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the geographical indication, or
require an assessment to be carried out under the EUIA in relation to the geographical indication.
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
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Row No. | Description of the geographical indication | Type A provisions | Type B provisions | The column 5 date |
1. | An established geographical indication. | Not applicable. | Not applicable. | 1. In a case where the geographical indication was listed in Annex 2 to Council Regulation (EEC) No 1576/89 laying down general rules on the definition, description and presentation of spirit drinks before 1st January 1996, 1st January 1996. 2. In a case where the geographical indication was added to Annex 2 to Regulation (EEC) No 1576/89 on or after 1st January 1996, the date on which the entry adding that geographical indication to Annex 2 first applies. 3. In a case where the geographical indication was not listed in Annex 2 to Regulation (EEC) No 1576/89 but was listed in Annex 3 to EU Regulation 110/2008 before IP completion day: (a) where it was listed in Annex 3 to EU Regulation 110/2008 when that Regulation came into force, 20th May 2008; (b) where it was not listed in Annex 3 to EU Regulation 110/2008 when that Regulation came into force, the date on which the entry adding the geographical indication to Annex 3 to EU Regulation 110/2008 first applies. 4. In a case where the geographical indication was not listed in Annex 2 to Regulation (EEC) No 1576/89 or Annex 3 to EU Regulation 110/2008 but for which an application for the geographical indication was submitted to the European Commission under the relevant pre-IP completion day legislation before IP completion day, the date on which that application was submitted to the Commission. |
2. | A geographical indication that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c)must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period. | 1. A geographical indication that is on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register pursuant to Article 33(3) or Article 36c(1). 2. A geographical indication that is not on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused. | A geographical indication that is not on Great Britain’s GIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, on or after the date on which the relevant trade mark application is accepted. | The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2. |
3. | A geographical indication that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties. | 1. A geographical indication that is on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to register the geographical indication submitted to the Secretary of State under Article 24(8) during the relevant period. 2. A geographical indication: (a) that is not on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused, (b) for which an application to register the geographical indication is submitted to the Secretary of State under Article 24(8) during the relevant period, and (c) for which an Article 30(5) approval notice relating to the application is published before the day on which the paragraph 1 trade mark application is accepted or refused. | A geographical indication: (a) that is not on Great Britain’s GIs Register when the relevant trade mark application is accepted, and (b) for which an application to register the geographical indication is submitted to the Secretary of State under Article 24(8) during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which an Article 30(5) notice relating to the application to register the geographical indication is not published before the relevant trade mark application is accepted. | The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2. |
4. | A geographical indication: (a) that relates to a geographical area in a third country, (b) for which an assessment relating to the protection of the geographical indication was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before IP completion day in respect of the geographical indication under an EUIA, and (c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the geographical indication should be protected in the European Union. | See the entry in row 3 of this column. | See the entry in row 3 of this column. | The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2. |
5. | A geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an application to register the geographical indication was submitted to the European Commission under Article 17 of EU Regulation 110/2008 or Article 24(4), (7) or (8) of EU Regulation 2019/787 before IP completion day— i) that was neither refused nor resulted in the addition of the geographical indication to Annex 3 to EU Regulation 110/2008, and ii) for which neither an act of registration nor a decision on rejection made under Article 30 of EU Regulation 2019/787 applies, before IP completion day. | See the entry in row 3 of this column. | See the entry in row 3 of this column. | The date on which the application referred to in point (b) in column 2 was submitted to the European Commission under the relevant pre-IP completion day legislation.] |
Textual Amendments
In the table in Part 2, ‘a valid notice of opposition’ means a notice of opposition that contains the declaration required by the second subparagraph of Article 27(1).
Column 1 Decision | Column 2 Persons who may appeal against the decision | Column 3 FTT powers |
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Decision of the Secretary of State to approve an application submitted under Article 24 to register a geographical indication. | The persons are: (a) a person who submits a valid notice of opposition in relation to the application; (b) a person marketing a product that is, or may be, affected by the registration of the geographical indication. | Power to: (a) quash the decision and direct the Secretary of State to: (i) remove the entry for the geographical indication from Great Britain's GIs Register, and (ii) remove the copy of the product specification for the geographical indication attached to Great Britain's GIs Register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State to reject an application submitted under Article 24 to register a geographical indication. | The persons are: (a) the person who submitted the application; (b) a person marketing a product that is, or may be, affected by the decision not to register the geographical indication. | Power to: (a) quash the decision and direct the Secretary of State to register the geographical indication by: (i) making an entry for the geographical indication in Great Britain's GIs Register, and (ii) attaching a copy of the product specification for the geographical indication to the register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State to approve an application submitted under Article 31 to amend a product specification for a geographical indication. | The persons are: (a) a person who submits a valid notice of opposition in relation to the application under Article 27(1) (as it applies to an application to amend a product specification by virtue of Article 31(9)); (b) a person marketing a product that is, or may be, affected by the amendment of the product specification. | Power to: (a) quash the decision and (as appropriate) direct the Secretary of State to: (i) restore the data in the entry for the geographical indication in Great Britain's GIs Register; (ii) remove the copy of the modified product specification for the geographical indication attached to Great Britain's GIs Register and replace it with a copy of the product specification that was attached to Great Britain's GIs Register immediately before the Secretary of State decided to approve the application, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State to reject an application submitted under Article 31 to amend a product specification for a geographical indication. | The persons are: (a) the person who submitted the application; (b) a person marketing a product that is, or may be, affected by the decision not to amend the product specification. | Power to: (a) quash the decision and (as appropriate) direct the Secretary of State: (i) in the case of an amendment to the product specification that is not a temporary amendment: (aa) to make such change to the data in the entry for the geographical indication in Great Britain's GIs Register as the amendment to the product specification may entail; (bb) to replace the copy of the product specification for the geographical indication attached to Great Britain's GIs Register with a copy of the modified product specification; (ii) in the case of a temporary amendment to the product specification, to make an appropriate entry relating to the temporary amendment to the product specification for the geographical indication in Great Britain's GIs Register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State under Article 32, on the Secretary of State's own initiative, to cancel the registration of a geographical indication. | The persons are: (a) a person who submits a valid notice of opposition under Article 27(1) in relation to the proposed decision (as it applies to a decision to cancel the registration of a geographical indication by virtue of the second subparagraph of Article 32(1)); (b) a person marketing a product that is, or may be, affected by the cancellation of the geographical indication. | Power to: (a) quash the decision and direct the Secretary of State to: (i) restore the entry for the geographical indication in Great Britain's GIs Register, and (ii) reattach to Great Britain's GIs Register a copy of the product specification for the geographical indication that was attached to the register immediately before the Secretary of State decided to cancel the registration of the geographical indication, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State to approve a request submitted under Article 32 to cancel the registration of a geographical indication. | The persons are: (a) a person who submits a valid notice of opposition under Article 27(1) in relation to the request (as it applies to a request to cancel a geographical indication by virtue of the second subparagraph of Article 32(1)); (b) a person marketing a product that is, or may be, affected by the cancellation of the geographical indication. | Power to: (a) quash the decision and direct the Secretary of State to: (i) restore the entry for the geographical indication in Great Britain's GIs Register, and (ii) reattach to Great Britain's GIs Register a copy of the product specification for the geographical indication that was attached to the register immediately before the Secretary of State decided to cancel the registration of the geographical indication, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision. |
Decision of the Secretary of State to reject a request submitted under Article 32 to cancel the registration of a geographical indication. | The persons are: (a) the person who submitted the request; (b) a person marketing a product that is, or may be, affected by the decision not to cancel the geographical indication. | Power to: (a) quash the decision and direct the Secretary of State to; (i) remove the entry for the geographical indication from Great Britain's GIs Register, and (ii) remove the copy of the product specification for the geographical indication attached to Great Britain's GIs Register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision.] |
The dynamic or ‘criaderas y solera’ or ‘solera e criaderas’ ageing system consists in the execution of periodical extractions of a portion of the brandy contained in each of the oak casks and containers that form an ageing scale and the corresponding replenishments with brandy extracted from the preceding ageing scale.
Definitions
‘Ageing scale’ means each group of oak casks and containers with the same level of maturation, through which the brandy progresses in the course of its ageing process. Each scale is known as ‘criadera’, except the last one, previous to the expedition of the brandy, known as the ‘solera’.
‘Extraction’ means the partial volume of brandy drawn from each oak cask and container in an ageing scale, for its incorporation into the oak casks and containers in the next ageing scale or, in the case of the solera, for its shipping.
‘Replenishment’ means the volume of brandy from the oak casks and containers of a given ageing scale that is incorporated into and blended with the content of the oak casks and containers of the following scale in terms of age.
‘Average age’ means the period of time corresponding to the rotation of the total stock of brandy that is undergoing the ageing process, calculated by dividing the total volume of brandy contained in all the ageing scales by the volume of the extractions made from the last scale – the solera – in one year.
The average age of the brandy drawn from the solera shall be calculated using the following formula: t = Vt/Ve, in which:
t is the average age, expressed in years;
Vt is the total volume of stocks in the ageing system, expressed in litres of pure alcohol;
Ve is the total volume of product extracted for shipping during a year, expressed in litres of pure alcohol.
In the case of oak casks and containers of less than 1 000 litres, the number of annual extractions and replenishments shall be equal to or lower than twice the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than six months.
In the case of oak casks and containers of 1 000 litres or more, the number of annual extractions and replenishments shall be equal to or lower than the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than one year.
This Regulation | Regulation (EC) No 110/2008 |
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Article 1(1) and (2) | Article 1(1) and (2) |
Article 2, points (a) to (d) | Article 2(1) and (3) |
Article 2, point (e) | Article 2(2) |
Article 2, point (f) | Annex I, point 6 |
Article 3(1) | Article 8 |
Article 3(2) and (3) | Article 10 |
Article 3(4) | Article 15(1) |
Article 3(5) | — |
Article 3(6) | — |
Article 3(7) | Article 15(3), third subparagraph |
Article 3(8) | — |
Article 3(9) and (10) | Article 11(2) and Annex I, point 4 |
Article 3(11) and (12) | Annex I, point (7) |
Article 4(1) | Article 7 and Annex I, point (14) |
Article 4(2) | Article 7 and Annex I, point (15) |
Article 4(3) | Article 7 and Annex I, point (16) |
Article 4(4) | — |
Article 4(5) | Annex I, point (17) |
Article 4(6) | — |
Article 4(7) | Annex I, point (2) |
Article 4(8) | Annex I, point (3) |
Article 4(9) | Annex I, point (3) |
Article 4(10) | Annex I, point (5) |
Article 4(11) | Annex I, point (8) |
Article 4(12) | Annex I, point (9) |
Article 4(13) | — |
Article 4(14) | — |
Article 4(15) | — |
Article 4(16) | — |
Article 4(17) | — |
Article 4(18) | — |
Article 4(19) and (20) | Annex I, point (10) |
Article 4(21) | — |
Article 4(22) | — |
Article 4(23) | Annex I, point (11) |
Article 4(24) | Annex I, point (12) |
Article 5 | Annex I, point (1) |
Article 6(1) | Article 3(1) |
Article 6(2) | Article 3(3) |
Article 6(3) | Article 3(4) |
Article 7(1) | Article 4 |
Article 7(2) | Article 5(1) |
Article 7(3) | Article 5(2) |
Article 7(4) | Article 5(3) |
Article 8(1) | Article 26 |
Article 8(2) | Article 1(3) |
Article 8(3) | — |
Article 8(4) | — |
Article 9 | — |
Article 10(1) | — |
Article 10(2) | Article 9(1) |
Article 10(3) | Article 9(2) |
Article 10(4) | Article 9(3) |
Article 10(5) | Article 9(5) and (6) |
Article 10(6), points (a) to (c), (e) and (f) | — |
Article 10(6)(d) | Article 12(2) |
Article 10(7), first subparagraph | Article 9(4) and (7) |
Article 10(7), second subparagraph | — |
Article 11(1) | Article 10(1) and (2) |
Article 11(2) and (3) | — |
Article 12(1) | Article 10(1) |
Article 12(2),(3) and (4) | — |
Article 13(1) | Article 12(1) |
Article 13(2) | Article 9(9) |
Article 13(3), first and second subparagraph | Article 11(4) |
Article 13(3), third subparagraph | Article 11(5) |
Article 13(3), fourth subparagraph | — |
Article 13(4), first subparagraph | Article 11(3) |
Article 13(4), second subparagraph | Article 11(4) |
Article 13(4), third subparagraph | Article 11(5) |
Article 13(5) | — |
Article 13(6) | Article 12(3) |
Article 13(7) | — |
Article 14(1) | Annex I, point (13) |
Article 14(2) | — |
Article 15(1) | Article 14(2) |
Article 15(2) | — |
Article 16 | — |
Article 17 | Article 13 |
Article 18 | — |
Article 19(1) | Article 12(3) |
Article 19(2) | — |
Article 20, point (a) | — |
Article 20, point (b) | Article 28(2) |
Article 20, point (c) | — |
Article 20, point (d) | — |
Article 21(1) | — |
Article 21(2) | Article 16 |
Article 21(3) | Article 15(3), first subparagraph |
Article 21(4) | — |
Article 22(1), first subparagraph | Article 17(4) |
Article 22(1), second subparagraph | — |
Article 22(2) | — |
Article 23(1), introductory wording and points (a), (b) and (c) | — |
Article 23(1), second subparagraph | Article 17(3) |
Article 23(2) | Article 17(1), second sentence |
Article 24(1) to (4) | — |
Article 24(5), (6) and (7) | Article 17(2) |
Article 24(8) | Article 17(3) |
Article 24(9) | Article 17(1), first sentence |
Article 25 | — |
Article 26(1), first subparagraph | Article 17(5) |
Article 26(1), second subparagraph | — |
Article 26(2) | Article 17(6) |
Article 27(1) | Article 17(7), first sentence |
Article 27(2), (3) and (4) | — |
Article 27(5) | Article 17(7), second sentence |
Article 28 | — |
Article 29 | — |
Article 30(1), (2) and (3) | Article 17(8), first sentence |
Article 30(4), first subparagraph | Article 17(8), second sentence |
Article 30(4), second subparagraph | — |
Article 31 | Article 21 |
Article 32 | Article 18 |
Article 33(1) | Article 15(2) |
Article 33(2) and (3) | — |
Article 34(1), (2) and (3) | Article 19 |
Article 34(4) | — |
Article 35(1), first subparagraph | Article 15(3), second subparagraph |
Article 35(1), second subparagraph | — |
Article 35(2) | Article 23(3) |
Article 35(3) | — |
Article 36(1) | Article 23(1) |
Article 36(2) | Article 23(2) |
Article 37 | — |
Article 38(1) | — |
Article 38(2) | Article 22(1) |
Article 38(3) | Article 22(2) |
Article 38(4) | — |
Article 38(5) | Article 22(3) |
Article 38(6) | Article 22(4) |
Article 39(1) | — |
Article 39(2) and (3) | — |
Article 40 | — |
Article 41 | — |
Article 42 | — |
Article 43(1) | Article 24(1) |
Article 43(2) | Article 24(3) |
Article 44(1) | Article 24(2) |
Article 44(2) | — |
Article 45 | Article 6 |
Article 46 | — |
Article 47 | Article 25 |
Article 48 | — |
Article 49 | Article 29 |
Article 50 | Article 28 |
Article 51 | Article 30 |
Annex I, categories 1 to 31 | Annex II, categories 1 to 31 |
Annex I, category 32 | Annex II, category 37a |
Annex I, category 33 | Annex II, category 32 |
Annex I, category 34 | Annex II, category 33 |
Annex I, category 35 | Annex II, category 37 |
Annex I, category 36 | Annex II, category 38 |
Annex I, category 37 | Annex II, category 39 |
Annex I, category 38 | Annex II, category 40 |
Annex I, category 39 | Annex II, category 41 |
Annex I, category 40 | Annex II, category 42 |
Annex I, category 41 | Annex II, category 43 |
Annex I, category 42 | Annex II, category 44 |
Annex I, category 43 | Annex II, category 45 |
Annex I, category 44 | Annex II, category 46 |
Annex II | Annex II, part under the Title ‘Other spirit drinks’ |
Annex III | — |
Annex IV | — |
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