Regulation (EU) 2019/787 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. SCOPE, DEFINITIONS AND CATEGORIES OF SPIRIT DRINKS

F1 Article 1 U.K. Subject matter and scope

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Textual Amendments

F1 Regulation, 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)

F1 Article 2 U.K. Definition of and requirements for spirit drinks

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Textual Amendments

F1 Regulation, 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)

Article 3 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘legal name’ means the name under which a spirit drink is placed on the market, within the meaning of point (n) of Article 2(2) of Regulation (EU) No 1169/2011;

(2)

‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in Annex I or the geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:

(a)

the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names;

(b)

the term ‘liqueur’ or ‘cream’;

(3)

‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2), (3) and (4), in the description, presentation or labelling of:

(a)

a foodstuff other than a spirit drink, or

(b)

a spirit drink that complies with the requirements of categories 33 to 40 of Annex I;

(4)

‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(5)

‘product specification’ means a file attached to the application for the protection of a geographical indication, in which the specifications with which the spirit drink has to comply are set out, and which was referred to as a ‘technical file’ under [F2 EU Regulation] 110/2008;

(6)

‘group’ means any association, irrespective of its legal form, that is mainly composed of producers or processors working with the spirit drinks concerned;

(7)

‘generic name’ means a name of a spirit drink that has become generic and that, although it relates to the place or the region where the spirit drink was originally produced or marketed, has become the common name of that spirit drink in the [F3 United Kingdom];

(8)

[F4 ‘EU Regulation 110/2008’ means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks as it had effect before IP completion day;

(9)

‘EU Regulation 2019/787’ means Regulation (EU) 2019/787 of the European Parliament and of the Council 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 as it had effect before IP completion day;

(9a)

[F5 ‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

(9b)

‘an Article 30(5) approval notice’ means a notice published under Article 30(5) relating to a decision of the Secretary of State to approve an application for a geographical indication;

(9c)

‘bridging arrangements’ has the meaning given in Article 36c(2)(b);

(9d)

‘constituent nation’ means England, Northern Ireland, Scotland or Wales;

(9e)

‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom;

(9f)

‘enters into force’ in relation to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;]

(10)

‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) to which Article 54(2) of the EU withdrawal agreement applies;

(10a)

[F6 ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a geographical indication of the third country in the European Union;]

(11)

‘EUWA’ means the European Union (Withdrawal) Act 2018;

the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending;

(12)

‘FTT’ means the First-tier Tribunal;

(13)

‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1);

(14)

in Articles 43 and 43a, ‘the original applicant’, in a case where an appeal has been made in respect of a decision made by the Secretary of State in relation to a geographical indication under Article 34, or following the submission of an application under Article 24 or 31, or a request submitted under Article 34, means the person who submitted the application or request;

(14a)

[F7 period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;]

(15)

‘third country’ means—

(a)

for the purposes of the definition of ‘EUIA’ in point (10a), Article 36c and Annex 1A (other than the reference in paragraph (b)), any country other than—

(i)

any part of the British Islands, or

(ii)

a member state

(b)

for the purposes of the reference in column 2 of row 5 of the Types Table in Part 3 of Annex 1A, any country other than any part of the British Islands;

(c)

for all other purposes, any country other than the United Kingdom, and includes:

(i)

the bailiwick of Guernsey;

(ii)

the bailiwick of Jersey;

(iii)

the lsle of Man;]

(16)

[F8 ‘the TMA’ means the Trade Marks Act 1994;

(17)

‘the Types Table’ means the table in Part 3 of Annex 1A.]

Textual Amendments

F2 Words in Art. 3(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), 28(2)(a)

F3 Words in Art. 3(7) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(2)(b)

F4 Art. 3(13)-(15) inserted (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), 28(2)(c), Sch. 10 Pt. 1 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(11))

F5 Art. 3(9a)-(9f) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(a)

F6 Art. 3(10a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(b)

F7 Art. 3(14a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(c)

F8 Art. 3(16)(17) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(d)

[F9 Article 4 U.K. Definitions: types of geographical indication

In Article 36a and Annex 1A any reference to:

(a) ‘a type 1 geographical indication’ means a geographical indication of the type described in column 2 of row 1 of the Types Table;

(b) ‘a type 2A geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(c) ‘a type 2B geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply;

(d) ‘a type 3A geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(e) ‘a type 3B geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of that row apply;

(f) ‘a type 4A geographical indication’ means a geographical indication of the type described in column 2 of row 4 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies;

(g ‘a type 4B geographical indication’ means a geographical indication of the type described in column 2 of row 4 of the Types Table to which the provisions in column 4 of row 3 of that table apply;

(h) ‘a type 5A geographical indication’ means a geographical indication of the type described in column 2 of row 5 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies;

(i) ‘a type 5B geographical indication’ means a geographical indication of the type described in column 2 of row 5 of the Types Table to which the provisions in column 4 of row 3 of that table apply.]

Textual Amendments

F9 Art. 4 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 1

F1 Article 5 U.K. Definition of and requirements for ethyl alcohol of agricultural origin

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Textual Amendments

F1 Regulation, 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)

F1 Article 6 U.K. Ethyl alcohol and distillates used in alcoholic beverages

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Textual Amendments

F1 Regulation, 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)

F1 Article 7 U.K. Categories of spirit drinks

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Textual Amendments

F1 Regulation, 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)

F1 Article 8 U.K. Delegated and implementing powers

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Textual Amendments

F1 Regulation, 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)

CHAPTER II U.K. DESCRIPTION, PRESENTATION AND LABELLING OF SPIRIT DRINKS AND USE OF THE NAMES OF SPIRIT DRINKS IN THE PRESENTATION AND LABELLING OF OTHER FOODSTUFFS

F1 Article 9 U.K. Presentation and labelling

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Textual Amendments

F1 Regulation, 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)

F1 Article 10 U.K. Legal names of spirit drinks

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Textual Amendments

F1 Regulation, 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)

F1 Article 11 U.K. Compound terms

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Textual Amendments

F1 Regulation, 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)

F1 Article 12 U.K. Allusions

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Textual Amendments

F1 Regulation, 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)

F1 Article 13 U.K. Additional rules on description, presentation and labelling

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Textual Amendments

F1 Regulation, 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)

Article 14 U.K. Indication of place of provenance

F1 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The indication of the country of origin or place of provenance of the primary ingredient as referred to in Regulation (EU) No 1169/2011 shall not be required for spirit drinks.

Textual Amendments

F1 Regulation, 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)

F1 Article 15 U.K. Language used for the names of spirit drinks

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Textual Amendments

F1 Regulation, 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)

Article 16 U.K. Use of a F10 ... symbol for geographical indications

The F11 ... symbol for protected geographical indications established pursuant to Article 12(7) of Regulation (EU) No 1151/2012 may be used in the description, presentation and labelling of spirit drinks the names of which are geographical indications.

Textual Amendments

F10 Word in Art. 16 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), 28(3)(a)

F11 Word in 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), 28(3)(b)

F1 Article 17 U.K. Prohibition of lead-based capsules and lead-based foil

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Textual Amendments

F1 Regulation, 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)

F1 Article 18 U.K. Union reference methods of analysis

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Textual Amendments

F1 Regulation, 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)

F1 Article 19 U.K. Delegated powers

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Textual Amendments

F1 Regulation, 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)

[F12 Article 20 U.K. Power to make regulations: symbol

The Secretary of State may, by regulations, make rules on the use of the symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks.]

Textual Amendments

F12 Art. 20 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(4)

CHAPTER III U.K. GEOGRAPHICAL INDICATIONS

Article 21 U.K. Protection of geographical indications

1. Geographical indications protected under this Regulation may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

2. Geographical indications protected under this Regulation shall be protected against:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including where those products are used as an ingredient;

(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product in the description, presentation or labelling of the product liable to convey a false impression as to the origin of the product;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

3. Geographical indications protected under this Regulation shall not become generic in [F13 Great Britain].

4. The protection referred to in paragraph 2 shall also apply with regard to goods entering [F14 Great Britain] without being released for free circulation there.

Textual Amendments

F13 Words in Art. 21(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), 28(5)(a)

F14 Words in Art. 21(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(5)(b)

Article 22 U.K. Product specification

1. A geographical indication protected under this Regulation shall comply with a product specification which shall include at least:

(a) the name to be protected as a geographical indication, as it is used, whether in trade or in common language, only in the languages which are or were historically used to describe the specific product in the defined geographical area, in the original script and in Latin transcription if different;

(b) the category of the spirit drink or the term ‘spirit drink’ if the spirit drink does not comply with the requirements laid down for the categories of spirit drinks set out in Annex I;

(c) a description of the characteristics of the spirit drink, including the raw materials from which it is produced, if appropriate, as well as the principal physical, chemical or organoleptic characteristics of the product and the specific characteristics of the product compared to spirit drinks of the same category;

(d) the definition of the geographical area delimited with regard to the link referred to in point (f);

(e) a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local production methods;

(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and its geographical origin;

(g) the names and addresses of the competent authorities or, if available, the names and addresses of the bodies that verify compliance with the provisions of the product specification pursuant to Article 38 and their specific tasks;

(h) any specific labelling rule for the geographical indication in question.

Where applicable, requirements regarding packaging shall be included in the product specification, accompanied by a justification showing why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control F15 ...

2. Technical files submitted as part of any application before 8 June 2019 under [F16 EU Regulation 110/2008 as it had effect in Great Britain before that day] shall be deemed to be product specifications under this Article.

Textual Amendments

F15 Words in Art. 22(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), 28(6)(a)

F16 Words in Art. 22(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), 28(6)(b)

Article 23 U.K. Content of application for registration of a geographical indication

1. An application for registration of a geographical indication pursuant to Article 24(5) or (8) shall include at least:

(a) the name and address of the applicant group and of the competent authorities or, if available, the bodies that verify compliance with the provisions of the product specification;

(b) the product specification provided for in Article 22;

(c) a single document setting out the following:

(i)

the main points of the product specification, including the name to be protected, the category to which the spirit drink belongs or the term ‘spirit drink’, the production method, a description of the characteristics of the spirit drink, a concise definition of the geographical area, and, where appropriate, specific rules concerning packaging and labelling;

(ii)

a description of the link between the spirit drink and its geographical origin as referred to in point (4) of Article 3, including, where appropriate, the specific elements of the product description or production method justifying the link.

An application as referred to in Article 24(8) shall also include F17 ... proof that the name of the product is protected in its country of origin.

F18 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Art. 23(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), 28(7)(a)

F18 Art. 23(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), 28(7)(b)

Article 24 U.K. Application for registration of a geographical indication

1. Applications for the registration of a geographical indication under this Chapter may only be submitted by groups who work with the spirit drink, the name of which is proposed for registration.

2. An authority designated by [F19 the Secretary of State may, on application to the Secretary of State,] be deemed to be a group for the purposes of this Chapter if it is not feasible for the producers concerned to form a group by reason of their number, geographical locations or organisational characteristics. In such case, the application F20 ... referred to in Article [F21 23] shall state those reasons.

3. A single natural or legal person may be deemed to be a group for the purpose of this Chapter if both of the following conditions are fulfilled:

(a) the person concerned is the only producer willing to submit an application; and

(b) the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas, the characteristics of the spirit drink are different from those produced in neighbouring areas or the spirit drink has a special quality, reputation or other characteristic which is clearly attributable to its geographical origin.

4. In the case of a geographical indication that designates a cross-border geographical area, several groups from different F22 ... countries may submit a joint application for registration.

Where a joint application is submitted, it shall be submitted to the [F23 Secretary of State] by an applicant group F24 ... or through the authorities [F25 of a third country concerned, after consultation, in both cases,] of all the authorities and applicant groups concerned. F26 ... The requirements laid down in Article 23 shall be fulfilled [F27 , as relevant, in all the] countries concerned.

In the case of joint applications, the related national opposition procedures shall be carried out in all the Member States concerned.

5. Where the application relates to a geographical area in [F28 the United Kingdom], the application shall be submitted to the [F29 Secretary of State].

F30 ...

F31 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Where the application relates to a geographical area in a third country, the application shall be submitted to the [F32 Secretary of State], either directly or via the authorities of the third country concerned.

9. The documents referred to in this Article which are sent to the [F33 Secretary of State] shall be in one of the official languages of the Union.

Textual Amendments

F19 Words in Art. 24(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), 28(9)(a)

F20 Word in Art. 24(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), 28(9)(b)

F21 Word in Art. 24(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), 28(9)(c)

F22 Words in Art. 24(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), 28(10)(a)

F23 Words in Art. 24(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(10)(b)(i)(aa)

F24 Words in Art. 24(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), 28(10)(b)(i)(bb)

F25 Words in Art. 24(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(10)(b)(i)(cc)

F26 Words in Art. 24(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), 28(10)(b)(ii)

F27 Words in Art. 24(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(10)(b)(iii)

F28 Words in Art. 24(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), 28(11)(a)(i)

F29 Words in Art. 24(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), 28(11)(a)(ii)

F30 Words in Art. 24(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), 28(11)(b)

F31 Art. 24(6)(7) 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), 28(12)

F32 Words in Art. 24(8) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(13)

F33 Words in Art. 24(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(14)

F34 Article 25 U.K. Provisional national protection

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Textual Amendments

F34 Art. 25 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), 28(15)

Article 26 U.K. Scrutiny by the [F35 Secretary of State] and publication for opposition

1. The [F36 Secretary of State] shall scrutinise by appropriate means any application that [F37 the Secretary of State] receives pursuant to Article 24, in order to check that it is reasoned, that it meets the requirements of this Chapter, and that the interests of stakeholders [F38 both inside and outside of Great Britain] have been taken into account. Such scrutiny shall be based on the single document referred to in point (c) of Article 23(1), shall consist of a check that there are no manifest errors in the application, and, as a general rule, shall not exceed a period of six months. However, where this period is exceeded, the [F36 Secretary of State] shall immediately indicate in writing to the applicant the reasons for the delay.

The [F39 Secretary of State] shall, at least each month, make public the list of names for which registration applications have been submitted to [F40 the Secretary of State], as well as their date of submission. The list shall also contain the name of the F41 ... country from which the application came. [F42 In a case of an application relating to an area in more than one country, the names of all the relevant countries must be stated on the list.]

2. Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the [F43 Secretary of State] considers that the requirements of this Chapter are met, [F44 the Secretary of State must publish the product specification referred to in Article 23(1)(b) and the single document referred to in Article 23(1)(c) in such manner as appears appropriate to the Secretary of State from time to time].

Textual Amendments

F35 Words in Art. 26 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), 28(16)(a)

F36 Words in Art. 26(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), 28(16)(b)(i)(aa)

F37 Words in Art. 26(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), 28(16)(b)(i)(bb)

F38 Words in Art. 26(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), 28(16)(b)(i)(cc)

F39 Words in Art. 26(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), 28(16)(b)(ii)(aa)

F40 Words in Art. 26(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), 28(16)(b)(ii)(bb)

F41 Words in Art. 26(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), 28(16)(b)(ii)(cc)

F42 Words in Art. 26(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), 28(16)(b)(ii)(dd)

F43 Words in Art. 26(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), 28(16)(c)(i)

F44 Words in Art. 26(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), 28(16)(c)(ii)

Article 27 U.K. Opposition procedure

1. Within three months from the date [F45 on which the product specification and single document are published in accordance with Article 26(2), a natural or legal person having a legitimate interest (whether established in Great Britain or elsewhere), or the authorities of a third country,] may submit a notice of opposition to the [F46 Secretary of State].

F47 ...

A notice of opposition shall contain a declaration that the application might infringe the requirements of this Chapter.

A notice of opposition that does not contain such a declaration shall be void.

The [F48 Secretary of State] shall forward the notice of opposition without delay to the [F49 applicant or authority] that submitted the application.

2. If a notice of opposition is submitted to the [F50 Secretary of State] and is followed within two months by a reasoned statement of opposition, the [F50 Secretary of State] shall check the admissibility of this reasoned statement of opposition.

3. Within two months from the receipt of an admissible reasoned statement of opposition, the [F51 Secretary of State] shall invite the authority or person that submitted the opposition and the [F52 applicant or authority] that submitted the application to engage in appropriate consultations for a period that shall not exceed three months. That deadline shall start on the date when the invitation to the interested parties is delivered by electronic means.

The authority or person that submitted the opposition and the [F53 applicant or authority] that submitted the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the requirements of this Chapter. If no agreement is reached, that information shall also be provided to the [F54 Secretary of State].

When the interested parties reach an agreement, the [F55 applicant that submitted the application or the authorities] of the third country from which the application was submitted shall notify the [F56 Secretary of State] of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities F57 ... of a third country, or of other natural and legal persons having submitted an opposition.

Irrespective of whether an agreement has been reached or not, the notification to the [F58 Secretary of State] shall be made within one month from the end of the consultations.

At any time during those three months, the [F58 Secretary of State] may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.

4. Where, following the appropriate consultations referred to in paragraph 3 of this Article, the details published in accordance with Article 26(2) have been substantially amended, the [F59 Secretary of State] shall repeat the scrutiny referred to in Article 26.

5. The notice of opposition, the reasoned statement of opposition and the related documents which are sent to the [F60 Secretary of State] in accordance with paragraphs 1 to 4 shall be in one of the official languages of the Union.

Textual Amendments

F45 Words in Art. 27(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), 28(17)(a)(i)(aa)

F46 Words in Art. 27(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), 28(17)(a)(i)(bb)

F47 Words in Art. 27(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), 28(17)(a)(ii)

F48 Words in Art. 27(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), 28(17)(a)(iii)(aa)

F49 Words in Art. 27(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), 28(17)(a)(iii)(bb)

F50 Words in Art. 27(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), 28(17)(b)

F51 Words in Art. 27(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), 28(17)(c)(i)(aa)

F52 Words in Art. 27(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), 28(17)(c)(i)(bb)

F53 Words in Art. 27(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), 28(17)(c)(ii)(aa)

F54 Words in Art. 27(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), 28(17)(c)(ii)(bb)

F55 Words in Art. 27(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), 28(17)(c)(iii)(aa)

F56 Words in Art. 27(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), 28(17)(c)(iii)(bb)

F57 Words in Art. 27(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), 28(17)(c)(iii)(cc)

F58 Words in Art. 27(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), 28(17)(c)(iv)

F59 Words in Art. 27(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(17)(d)

F60 Words in Art. 27(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), 28(17)(e)

Article 28 U.K. Grounds for opposition

1. A reasoned statement of opposition as referred to in Article 27(2) shall be admissible only if it is received by the [F61 Secretary of State] within the time limit set out in that Article and if it shows that:

(a) the proposed geographical indication does not comply with the definition in point (4) of Article 3 or with the requirements referred to in Article 22;

(b) the registration of the proposed geographical indication would be contrary to Article 34 or 35;

(c) the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2); or

(d) the requirements referred to in Articles 31 and 32 are not complied with.

2. The grounds for opposition shall be assessed in relation to the territory of [F62 Great Britain, except that, in relation to paragraph 1(b) as it relates to Article 35(1), the opposition must be assessed in relation to the territory of the United Kingdom].

Textual Amendments

F61 Words in Art. 28(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), 28(18)(a)

F62 Words in Art. 28(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), 28(18)(b)

Article 29 U.K. Transitional periods for use of geographical indications

(1) The [F63 Secretary of State may, by regulations, grant] a transitional period of up to five years to enable [F64 a spirit drink, wherever it originates from], and the name of which contravenes Article 21(2), to continue to use the designation under which [F65 it was marketed in Great Britain] on condition that an admissible statement of opposition under F66 ... Article 27 shows that the registration of the name would jeopardise the existence of:

(a) an entirely identical name or of a compound name, one term of which is identical to the name to be registered; or

(b) other names similar to the name to be registered which refer to spirit drinks which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2).

F67 ...

(2) Without prejudice to Article 36, the [F68 Secretary of State may, by regulations, extend] the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years in duly justified cases, provided it is shown that:

(a) the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for protection was submitted to the [F69 Secretary of State];

(b) the purpose of using the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the registered geographical indication; and

(c) the consumer has not been nor could have been misled as to the true origin of the product.

F70 ...

(3) When using a designation referred to in paragraphs 1 and 2, the indication of the country of origin shall clearly and visibly appear on the labelling.

Textual Amendments

F63 Words in Art. 29(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), 28(19)(a)(i)(aa)

F64 Words in Art. 29(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), 28(19)(a)(i)(bb)

F65 Words in Art. 29(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), 28(19)(a)(i)(cc)

F66 Words in Art. 29(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), 28(19)(a)(i)(dd)

F67 Words in Art. 29(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), 28(19)(a)(ii)

F68 Words in Art. 29(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), 28(19)(b)(i)(aa)

F69 Words in Art. 29(2)(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), 28(19)(b)(i)(bb)

F70 Words in Art. 29(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), 28(19)(b)(ii)

Article 30 U.K. Decision on registration

1. Where, on the basis of the information available to the [F71 Secretary of State] from the scrutiny carried out pursuant to the first subparagraph of Article 26(1), the [F71 Secretary of State] considers that the conditions for the registration of a proposed geographical indication are not fulfilled, [F72 the Secretary of State] shall inform the [F73 applicant or the authorities of the third country] concerned of the reasons for rejection and shall give [F74 the applicant or the authorities, as applicable,] two months to submit observations. If the [F75 Secretary of State] receives no observations or if, despite the observations received, [F76 the Secretary of State] still considers that the conditions for registration are not fulfilled [F77 the Secretary of State must] reject the application unless the application is withdrawn. F78 ...

2. If the [F79 Secretary of State] receives no notice of opposition or no admissible reasoned statement of opposition under Article 27, [F80 the Secretary of State must] to register the name [F81 in Great Britain's GIs Register].

3. If the [F82 Secretary of State] receives an admissible reasoned statement of opposition, [F83 the Secretary of State] shall, following the appropriate consultations referred to in Article 27(3), and taking into account the results thereof, either:

(a) if an agreement has been reached, register the name [F84 in Great Britain's GIs Register] and, if necessary, amend the information published pursuant to Article 26(2) provided such amendments are not substantial; or

(b) if an agreement has not been reached, [F85 decide whether to register the name, and, if the Secretary of State decides to do so, register the name in Great Britain's GIs Register].

4. F86 ...

The act of registration [F87 under paragraph 5a] shall grant the protection referred to in Article 21 to the geographical indication.

[F88 5. After making a decision under this Article, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:

(a) a notice:

(i) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and

(ii) providing information about the right to appeal under Article 43 against the decision and the period within which an appeal may be made, and

(b) where the application is approved, a copy of the approved product specification.

[F89 5a. Where the Secretary of State publishes a notice under paragraph 5 giving notice of the Secretary of State’s decision to register a geographical indication, the Secretary of State must as soon as possible after the notice period has expired:

(a) record the relevant data relating to the geographical indication in the register, and

(b) attach a copy of the product specification for the geographical indication to the register.

5b. An entry for a geographical indication added to the register pursuant to paragraph 5a(a), and the provisions in the product specification attached to the register pursuant to paragraph 5a(b), take effect in relation to the registration of a geographical indication immediately after:

(a) the entry has been made in the register, and

(b) the product specification has been attached to the register.]

6. An implementing act to which paragraph 7 applies is revoked.

7. This paragraph applies to an implementing act adopted by the European Commission under Article 30 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA.]

[F90 8. In this Article:

(a) ‘notice period’ means the period of 20 days from the day on which the notice referred to in paragraph 5 is published, beginning with the day on which the notice is published;

(b) the reference to ‘the relevant data’ in paragraph 5a(a) means the product category, the geographical indication and the country of origin.]

Textual Amendments

F71 Words in Art. 30(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), 28(20)(a)(i)(aa)

F72 Words in Art. 30(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), 28(20)(a)(i)(bb)

F73 Words in Art. 30(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), 28(20)(a)(i)(cc)

F74 Words in Art. 30(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), 28(20)(a)(i)(dd)

F75 Words in Art. 30(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), 28(20)(a)(ii)(aa)

F76 Words in Art. 30(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), 28(20)(a)(ii)(bb)

F77 Words in Art. 30(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), 28(20)(a)(ii)(cc)

F78 Words in Art. 30(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), 28(20)(a)(iii)

F79 Words in Art. 30(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), 28(20)(b)(i)

F80 Words in Art. 30(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), 28(20)(b)(ii)

F81 Words in Art. 30(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), 28(20)(b)(iii)

F82 Words in Art. 30(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), 28(20)(c)(i)(aa)

F83 Words in Art. 30(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), 28(20)(c)(i)(bb)

F84 Words in Art. 30(3)(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), 28(20)(c)(ii)

F85 Words in Art. 30(3)(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), 28(20)(c)(iii)

F86 Words in Art. 30(4) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(a)(i)

F87 Words in Art. 30(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(a)(ii)

F88 Art. 30(5)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(20)(d)

F89 Art. 30(5a)(5b) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(b)

F90 Art. 30(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(c)

Article 31 U.K. Amendment to a product specification

1. Any group having a legitimate interest may apply for approval of an amendment to a product specification.

Applications shall describe and give reasons for the amendments requested.

2. Amendments to a product specification shall be classified into two categories as regards their importance:

(a) [F91 non-standard] amendments requiring an opposition procedure [F92 under Article 27, as applied to applications for non-standard amendments by paragraph 9];

(b) standard amendments[F93 . Standard amendments to a product specification for a geographical indication relating to an area in a third country are] to be dealt with at F94 ... third country level.

3. An amendment shall be considered a [F95 non-standard] amendment if it:

(a) includes a change in the name or any part of the name of the geographical indication registered under this Regulation;

(b) consists of a change of the legal name or the category of the spirit drink;

(c) risks voiding the given quality, reputation or other characteristic of the spirit drink that is essentially attributable to its geographical origin; or

(d) entails further restrictions on the marketing of the product.

Any other amendments shall be considered standard amendments.

[F96 4. Standard amendments are classified into four sub-categories taking into account the geographical area of the geographical indication affected by the amendment, the reason for the amendments and whether the amendments are being applied for on a temporary basis, as follows:

(a) UK standard amendments;

(b) UK temporary amendments;

(c) third country standard amendments;

(d) third country temporary amendments.

5. A UK standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in the United Kingdom.

6. A UK temporary amendment is a standard amendment concerning a temporary change in a product specification for a geographical indication relating to a geographical area in the United Kingdom:

(a) resulting from the imposition of obligatory sanitary and phytosanitary measures, or linked to natural disasters formally recognised, by the Secretary of State, or imposed or formally recognised by:

(i) the Environment Agency in a case where, and to the extent that, a relevant geographical area in England is affected;

(ii) the Department of Agriculture, Environment and Rural Affairs, or the Department of Health, in a case where, and to the extent that, a relevant geographical area in Northern Ireland is affected;

(iii) the Scottish Ministers, Food Standards Scotland or the Scottish Environment Protection Agency, in a case where, and to the extent that, a relevant geographical area in Scotland is affected;

(iv) the Welsh Ministers, or the Natural Resources Body for Wales, in a case where, and to the extent that, a relevant geographical area in Wales is affected;

(v) the Food Standards Agency in a case where, and to the extent that, a relevant geographical area in England, Northern Ireland or Wales is affected, or

(b) linked to adverse weather conditions formally recognised by the Met Office of [F97 the Department for Science, Innovation and Technology].

7. A third country standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in a third country.]

[F98 8.] A [F99 third country] standard amendment shall also be considered a [F100 third country] temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities [F101 of the third country concerned] or is linked to natural disasters or adverse weather conditions formally recognised by the competent authorities [F101 of the third country concerned].

[F102 9.] [F103 Non-standard] amendments shall be approved by the [F104 Secretary of State] . The approval procedure shall follow, mutatis mutandis, the procedure laid down in Article 24 and Articles 26 to 30. Applications for [F105 non-standard] amendments submitted by a third country or by third country producers shall contain proof that the requested amendment complies with the laws applicable in that third country to the protection of geographical indications.

[F106 10. A UK standard amendment and a UK temporary amendment must be approved by the Secretary of State.]

[F107 11.] F108 .... [F109 Third country standard amendments and third country temporary] amendments shall be approved in accordance with the law applicable in the third country concerned.

[F110 12.] The scrutiny of the application for amendment shall only address the proposed amendment.

[F111 13. An implementing act to which paragraph 14 applies is revoked.

14. This paragraph applies to an implementing act:

(a) concerning a decision of the European Commission relating to an application to amend a product specification for a geographical indication protected in the European Union at the time the application was submitted,

(b) adopted by the European Commission pursuant to Article 31 of EU Regulation 2019/787 following the procedure referred to in paragraph 4 of that Article, and

(c) incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

F91 Word in Art. 31(2)(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), 28(21)(e)(i)(aa)

F92 Words in Art. 31(2)(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), 28(21)(e)(i)(bb)

F93 Words in Art. 31(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), 28(21)(e)(ii)(aa)

F94 Words in Art. 31(2)(b) 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), 28(21)(e)(ii)(bb)

F95 Word in Art. 31(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), 28(21)(f)

F96 Art. 31(4)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(g)

F97 Words in Art. 31(6)(b) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 82 (with art. 17)

F98 Words in Art. 31(3)renumbered as Art. 31(8) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(a)

F99 Words in Art. 31(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), 28(21)(h)(i)

F100 Words in Art. 31(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), 28(21)(h)(ii)

F101 Words in Art. 31(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), 28(21)(h)(iii)

F102 Art. 31(4) renumbered as Art. 31(9) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(b)

F103 Word in Art. 31(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(i)

F104 Words in Art. 31(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(ii)

F105 Word in Art. 31(9) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(iii)

F106 Art. 31(10) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(j)

F107 Art. 31(5) renumbered as Art. 31(11) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(c)

F108 Words in Art. 31(11) 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), 28(21)(k)(i)

F109 Words in Art. 31(11) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(k)(ii)

F110 Art. 31(6) renumbered as Art. 31(12) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(d)

F111 Art. 31(13)(14) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(21)(l)

Article 32 U.K. Cancellation

1. The [F112 Secretary of State may, on the Secretary of State's] own initiative or at the request of any natural or legal person having a legitimate interest, F113 ... cancel the registration of a geographical indication in either of the following cases:

(a) where compliance with the requirements for the product specification can no longer be ensured;

(b) where no product has been placed on the market under the geographical indication for at least seven consecutive years.

Articles 24, 26, 27, 28 and 30 shall apply mutatis mutandis to the cancellation procedure.

2. Notwithstanding paragraph 1, the [F114 Secretary of State] may, at the request of the producers of the spirit drink marketed under the registered geographical indication, [F115 cancel] the corresponding registration.

3. In the cases referred to in paragraphs 1 and 2, before [F116 taking a decision to cancel a geographical indication, the Secretary of State must consult the original applicant. In the case of a geographical indication relating to an area in a third country, the Secretary of State must, where possible, consult the third country applicant who originally applied for the registration of the geographical indication or, where this is not possible, the authorities of the relevant third country. The provisions of this paragraph do not apply if] the cancellation is directly requested by [F117 the original applicant].

F118 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F119 5. An implementing act to which paragraph 6 applies is revoked.

6. This paragraph applies to an implementing act adopted by the European Commission under Article 32 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA.

7. In this Article, in relation to a geographical indication to which paragraph 1 or 2 applies, ‘the original applicant’ means the person who submitted the application to the Secretary of State under Article 24 that resulted in the Secretary of State making the decision to register the geographical indication under this Regulation.]

Textual Amendments

F112 Words in Art. 32(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), 28(22)(a)(i)

F113 Words in Art. 32(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), 28(22)(a)(ii)

F114 Words in Art. 32(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), 28(22)(b)(i)

F115 Word in Art. 32(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), 28(22)(b)(ii)

F116 Words in Art. 32(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), 28(22)(c)(i)

F117 Words in Art. 32(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), 28(22)(c)(ii)

F118 Art. 32(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), 28(22)(d)

F119 Art. 32(5)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(22)(e)

Article 33 U.K. Register of geographical indications of spirit drinks

1. The [F120 Secretary of State must establish and maintain] a publicly accessible electronic register, which is kept up to date, of geographical indications of spirit drinks recognised under this scheme (‘the register’).

2. The name of a geographical indication shall be registered in its original script. Where the original script is not in Latin characters, a transcription or transliteration in Latin characters shall be registered together with the name in its original script.

For geographical indications registered under this Chapter, the register shall [F121 contain a copy of the single document and product specification for each geographical indication].

For geographical indications registered before 8 June 2019, the register shall provide direct access to the main specifications of the technical file as set out in Article 17(4) of Regulation (EC) No 110/2008.

The [F122 Secretary of State may make regulations] laying down further detailed rules on the form and content of the register.

3. Geographical indications of spirit drinks produced in third countries that are protected in [F123 Great Britain] pursuant to an international agreement to which the [F124 United Kingdom] is a contracting party may be entered in the register as geographical indications.

[F125 The entry in the register 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 entered in the register.]

Textual Amendments

F120 Words in Art. 33(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), 28(23)(a)

F121 Words in Art. 33(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), 28(23)(b)(i)

F122 Words in Art. 33(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), 28(23)(b)(ii)

F123 Words in Art. 33(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), 28(23)(c)(i)

F124 Words in Art. 33(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), 28(23)(c)(ii)

F125 Words in Art. 33(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), 28(23)(c)(iii)

Article 34 U.K. Homonymous geographical indications

1. If a name for which an application is submitted is a whole or partial homonym of a name already registered under this Regulation, the name shall be registered with due regard to local and traditional usage and any risk of confusion.

2. A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.

3. The use of a registered homonymous geographical indication shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already in the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.

4. The protection of geographical indications of spirit drinks referred to in Article 21 of this Regulation shall be without prejudice to the protected geographical indications and designations of origin of products under Regulations (EU) No 1308/2013 and (EU) No 251/2014.

Article 35 U.K. Specific grounds for refusal of protection

(1). A generic name shall not be protected as a geographical indication.

To establish whether or not a name has become a generic name, account shall be taken of all relevant factors, in particular:

(a) the existing situation in [F126 Great Britain], in particular in areas of consumption;

(b) the relevant F127 ... legislation.

(2). A name shall not be protected as a geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the spirit drink.

(3). A name shall only be protected as a geographical indication if the production steps which give the spirit drink the quality, reputation or other characteristic that is essentially attributable to its geographical origin, take place in the relevant geographical area.

(.[F128 4). In this Article, ‘the relevant legislation’ 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;

(b) retained direct EU legislation;

(c) Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

(d) an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;

(e) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.]

Textual Amendments

F126 Words in Art. 35(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), 28(24)(a)(i)

F127 Words in Art. 35(1)(b) 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), 28(24)(a)(ii)

F128 Art. 35(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(24)(b)

Article 36 U.K. Relationship between trade marks and geographical indications

1. The registration of a trade mark the use of which corresponds or would correspond to one or more of the situations referred to in Article 21(2) shall be refused or invalidated.

2. A trade mark the use of which corresponds to one or more of the situations referred to in Article 21(2), which has been applied for, registered, or established by use, F129 ... in good faith within the territory of the [F130 United Kingdom], before the date on which the application for protection of the geographical indication was submitted to the [F131 Secretary of State], may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for its invalidity or revocation exist [F132 in, or under, the Trade Marks Act 1994].

Textual Amendments

F129 Words in Art. 36(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), 28(25)(a)

F130 Words in Art. 36(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), 28(25)(b)

F131 Words in Art. 36(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), 28(25)(c)

F132 Words in Art. 36(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), 28(25)(d)

[F133 Article 36a U.K. Transitional provision: relationship between trade marks and geographical indications

1. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or made during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will contravene Article 21(2) in relation to a category A geographical indication.

2. Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or made during the relevant period must be refused where:

(a) if the trade mark is registered, the use of the trade mark will contravene Article 21(2) in relation to a category B geographical indication, and

(b) after the application for the trade mark is accepted but before the trade mark is registered:

(i) in the case of a type 2B geographical indication:

(aa) the international agreement referred to in paragraph (c) of column 2 of row 2 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and

(bb) the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;

(ii) in the case of any other category B geographical indication:

(aa) the Secretary of State publishes an Article 30(5) approval notice relating to the geographical indication, and

(bb) the Article 30(5) approval notice is brought to the attention of the registrar before the trade mark is registered.

3. Where an application for a declaration of invalidity is made under the TMA (as applied by Article 36b(1) and modified by Article 36b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if:

(a) the application to register the trade mark was pending immediately before IP completion day or made during the relevant period,

(b) the use of the trade mark contravenes, or will, if used, contravene, Article 21(2) in relation to a category B geographical indication, and

(c) in the case of a type 3B, 4B or 5B geographical indication, the Secretary of State publishes an Article 30(5) approval notice relating to the geographical indication on or after the day on which the trade mark application is accepted.

4. This paragraph applies where a column 5 date applies in relation to the category A or B geographical indication and, taking account of any priority claimed in respect of an application to register the trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant geographical indication.

5. As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 2A, 3A or 4A geographical indication, in the case of paragraph 1, or in relation to a type 2B, 3B or 4B geographical indication, in the case of paragraph 2, where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the geographical indication provides that an application for a trade mark must be refused, regardless of when that application is made, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the geographical indication

6. As regards paragraph 3, a column 5 date does not apply in relation to a type 2B, 3B or 4B geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the geographical indication provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is made, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the geographical indication.

7. Where a geographical indication falls within the definition of more than one type of geographical indication in Article 4, the column 5 date to be taken into account for the purpose of paragraph 4 is the earliest of the column 5 dates for the relevant types of geographical indication.

8. In a case of a category A or B geographical indication that is not on Great Britain’s GIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the geographical indication is to be treated, for the purpose of the assessment, as being a geographical indication protected under this Regulation in determining whether the use of the trade mark will contravene Article 21(2) in relation to that geographical indication.

9. A trade mark that could be used in the United Kingdom under Article 36(2) of EU Regulation 2019/787 immediately before IP completion day may continue to be used in Great Britain on and after IP completion day:

(a) notwithstanding that the use of the trade mark would contravene Article 21(2) of this Regulation in relation to a geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

10. Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 36(2) of EU Regulation 2019/787 immediately before IP completion day from being renewed after IP completion day:

(a) notwithstanding that the use of the renewed trade mark would contravene Article 21(2) in Great Britain in relation to a geographical indication registered by the Secretary of State under this Regulation;

(b) provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

11. Where paragraph 9 or 10 applies to the use or renewal of a trade mark, this does not affect the use of:

(a) a geographical indication entered on Great Britain’s GIs Register by the Secretary of State following a decision by the Secretary of State to approve an application made under Article 24;

(b) a geographical indication entered on Great Britain’s GIs Register by the Secretary of State under Article 33(3) or Article 36c(1);

(c) an established geographical indication entered on Great Britain’s GIs Register pursuant to Article 37(1).

12. In this Article:

(a) a category A geographical indication’ means a type 1, 2A, 3A, 4A or 5A geographical indication;

(b) ‘a category B geographical indication’ means a type 2B, 3B, 4B or 5B geographical indication;

(c) ‘column 5 date’, in relation to a geographical indication that is a category A or B geographical indication, means the date specified, or provided for, in column 5 of the Types Table in the row relating to the relevant type of geographical indication;

(d) ‘date of filing’:

(i) in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA(1) for the existing EUTM application;

(ii) in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA(1) for the existing EUTM application;

(aa) in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(bb) in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(iii) in any other case, has the meaning given by section 33 of the TMA;

(e) ‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;

(f) ‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA;

(g) ‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA;

(h) ‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;

(i) ‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule;

(j) ‘the registrar’ has the meaning given by section 62 of the TMA.

13. Any reference in this Article to:

(a) ‘priority claimed in respect of an application’:

(i) in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;

(ii) in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;

(iii) in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;

(b) an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day;

(c) a trade mark includes a reference to:

(i) a collective mark as defined in section 49(1) of the TMA;

(ii) a certification mark as defined in section 50(1) of the TMA.

Textual Amendments

F133 Arts. 36a-36d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2

Article 36b U.K. Application and modification of trade mark provisions

1. For the purpose of Article 36a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:

(a) subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 36a(3);

(b) section 72 (registration to be prima face evidence of validity);

(c) section 73 (certificate of validity of contested application);

(d) section 74 (registrar’s appearance in proceedings involving the register of trade marks);

(e) section 75 (definition of ‘the court’);

(f) section 76 (appeals) except for subsection (5);

(g) section 77(1) (persons appointed to hear and determine appeals).

2. The modifications are:

(a) section 47 applies as if:

(i) in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 36b(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council 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,’;

(ii) in subsection (5), for ‘grounds of invalidity’ there were substituted ‘ground for invalidity specified in Article 36a(3) of Regulation (EU) 2019/787 of the European Parliament and of the Council exists’;

(b) section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;

(c) section 76(1) applies as if:

(i) in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 36a(3) of Regulation (EU) 2019/787 of the European Parliament and of the Council’;

(ii) the second paragraph were omitted;

(d) section 77(1) applies as if, at the end there were inserted ‘as applied by Article 36b(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council’.

3. In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:

(a) an application to invalidate a trade mark referred to in Article 36a(3);

(b) an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).

Textual Amendments

F133 Arts. 36a-36d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2

Article 36c U.K. Third Country geographical indications covered by bridging arrangements

1. A geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s GIs Register.

2. This paragraph applies to a geographical indication which relates to a geographical area in a third country (“C”) which:

(a) was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and

(b) is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).

3. For the purposes of this Article, “the protection period”, in relation to a geographical indication, is the period for which:

(a) the relevant bridging arrangements have effect, or

(b) if only part of the relevant bridging arrangements relates to the geographical indication, that part has effect.

4. In this Article “qualifying international agreement” means an international agreement between the United Kingdom and C, which has been initialled.

Textual Amendments

F133 Arts. 36a-36d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2

Article 36d U.K. Transitional provisions: relations between trade marks and geographical indications when bridging arrangements are in effect

1. Where a geographical indication is treated as entered on Great Britain’s GIs Register under Article 36c, Articles 36a and 36b and Annex 1A apply for the purposes of determining:

(a) whether an application to register a trade mark which was pending before IP completion day or made during the relevant period, must be refused, or

(b) if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,

but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).

2. The modifications mentioned in paragraph 1 are that Articles 36a and 36b and Annex 1A are to be read as if:

(a) in the case of a type A term, any reference to a type 2A geographical indication included a reference to a type A term;

(b) in the case of a type B term, any reference to a type 2B geographical indication included a reference to a type B term.

3. In addition, Article 36b and Annex 1A are to be read as if any reference to Article 36a included a reference to that Article as applied by this Article.

4. The Secretary of State may, by regulations, make such further modifications to Article 36a or 36b or Annex 1A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to geographical indications and trade marks before IP completion day continue to apply appropriately during the relevant period.

5. In this Article:

• ‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 36b(1) and modified by Article 36b(2)) in relation to the registration of a trade mark;

• ‘type A term’ means a geographical indication which—

  (i)

  is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s GIs Register under Article 36c, or

  (ii)

  is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;

• ‘type B term’ means a geographical indication which is not entered in Great Britain’s GIs Register under Article 36c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.]

Textual Amendments

F133 Arts. 36a-36d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2

Article 37 U.K. [F134 Established] geographical indications

[F135 1.] [F136 Established geographical indications] shall automatically be protected as geographical indications under this Regulation. The [F137 Secretary of State] shall list them in the register referred to in Article 33 of this Regulation [F138 and the registration takes effect on IP completion day].

[F139 2. The geographical indication for which the names ‘Irish Whiskey’, ‘Uisce Beatha Eireannach’ and ‘Irish Whisky’ are listed in category 2 of the table in Annex 3 to EU Regulation 110/2008 covers whisky/whiskey produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland.

3. The protection of the geographical indication ‘Pisco’ (as listed in category 9 of the table in Annex 3 to EU Regulation 110/2008) under this Regulation is without prejudice to the use of the name ‘Pisco’ for products originating in Chile protected under the Association Agreement between the United Kingdom and Chile.

4. The product specification relating to the geographical indication ‘Somerset Cider Brandy’ (as listed in category 10 of the table in Annex 3 to EU Regulation 110/2008) is deemed to include a requirement that the use of that geographical indication must be accompanied by the sales denomination ‘cider spirit’.

5. The product specification relating to the geographical indication for which the names ‘Polska Wódka’ and ‘Polish Vodka’ are listed in category 15 of the table in Annex 3 to EU Regulation 110/2008 is deemed to include a requirement that the use of the geographical indication must be accompanied by the sales denomination ‘flavoured vodka’. The term ‘flavoured’ may be replaced by the name of the predominant flavour.

6. The geographical indication ‘Irish Cream’ (as listed in category 32 of the table in Annex 3 to EU Regulation 110/2008) covers the corresponding liqueur produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland.

7. The geographical indication for which the names ‘Irish Poteen’ or ‘Irish Poitín’ are listed in the category ‘Other spirit drinks’ of the table in Annex 3 to EU Regulation 110/2008 covers the corresponding spirit drink produced in Ireland, Northern Ireland or in both Ireland and Northern Ireland.

8. When adding an entry relating to a geographical indication covered by any of paragraphs 2 to 7 to the register, the Secretary of State must include a note in the register relating to the matter specified in the relevant paragraph.]

Textual Amendments

F134 Word in Art. 37 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), 28(26)(a)

F135 Art. 37 renumbered as Art. 37(1) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(6)(a)

F136 Words in Art. 37 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(26)(b)

F137 Words in Art. 37 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(26)(c)(i)

F138 Words in Art. 37 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(26)(c)(ii)

F139 Art. 37(2)-(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(6)(b)

Article 38 U.K. Verification of compliance with the product specification

1. [F140 The Secretary of State] shall draw up and keep up to date a list of operators that produce spirit drinks [F141 in Great Britain] with a geographical indication registered under this Regulation.

2. In respect of the geographical indications that designate spirit drinks originating within [F142 Great Britain] registered under this Regulation, verification of compliance with the product specification referred to in Article 22, before placing the product on the market, shall be carried out by:

[F143 (a) the authority designated for that purpose by regulation 5 of the Spirit Drinks Regulations 2008 as that regulation extends to Great Britain; or]

(b) [F144 delegated] bodies within the meaning of point 5 of the second subparagraph of Article 2 of [F145 (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products], operating as a product certification body.

Where [F146 Article 24(2) applies], verification of compliance with the product specification shall be ensured by an authority other than that deemed to be a group under that paragraph.

F147 ...

[F148 2a. But, to the extent specified in paragraph 2b, paragraph 2 does not apply where the authority referred to in paragraph 2(a) or a delegated body referred to in paragraph 2(b) has previously verified that the relevant spirit drink complies with the specifications in a corresponding EU product specification for a corresponding EU geographical indication in connection with the placing of the relevant spirit drink on the market in Northern Ireland.

2b. But, to the extent specified in paragraph 2b, paragraph 2 does not apply where the authority referred to in paragraph 2(a) or a delegated body referred to in paragraph 2(b) has previously verified that the relevant spirit drink complies with the specifications in a corresponding EU product specification for a corresponding EU geographical indication in connection with the placing of the relevant spirit drink on the market in Northern Ireland.]

3. In respect of the geographical indications that designate spirit drinks originating within [F149 Northern Ireland or] a third country registered under this Regulation, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:

[F150 (aa) in relation to a product produced in Northern Ireland, the authority designated for that purpose by regulation 5 of the Spirit Drinks Regulations 2008 as that regulation extends to Northern Ireland;]

(a) [F151 in relation to a product produced in a third country,] a public competent authority designated by the third country; or

(b) [F152 in relation to a product produced in Northern Ireland or a third country,] a product certification body.

[F153 4. The Secretary of State must:

(a) publish, in such manner as appears appropriate to the Secretary of State, the names and addresses of the competent authorities and bodies referred to in paragraphs 2 and 3, and

(b) update that information in such manner as appears appropriate to the Secretary of State from time to time.]

5. The [F154 delegated] bodies referred to in point (b) of paragraph 2 and the product certification bodies referred to in point (b) of paragraph 3 shall comply with and be accredited in accordance with European standard ISO/IEC 17065:2012 F155 ....

6. The competent authorities referred to in paragraphs 2 and 3 that verify compliance of the geographical indication protected under this Regulation with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

7. [F156 In relation to a relevant spirit drink that is to be placed on the market in Great Britain—

(a) ‘a corresponding EU geographical indication’ means a geographical indication which is protected in the European Union under EU Regulation 2019/787 and that corresponds to the registered geographical indication;

(b) ‘a corresponding EU product specification’ means—

(i) a product specification for a corresponding EU geographical indication, as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication, or

(ii) a technical file for a corresponding EU geographical indication that is deemed to be a product specification under Article 22 of EU Regulation 2019/787 by virtue of Article 22(2) of that Regulation as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication;

(c) ‘the GB product specification’ means the product specification referred to in Article 22(1) for the registered geographical indication and includes a technical file for a registered geographical indication that is deemed to be a product specification under that Article by virtue of Article 22(2).]

Textual Amendments

F140 Words in Art. 38(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), 28(28)(a)

F141 Words in Art. 38(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), 28(28)(b)

F142 Words in Art. 38(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), 28(29)(a)(i)

F143 Art. 38(2)(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), 28(29)(a)(ii)

F144 Word in Art. 38(2)(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), 28(29)(a)(iii)(aa)

F145 Words in Art. 38(2)(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), 28(29)(a)(iii)(bb)

F146 Words in Art. 38(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), 28(29)(b)

F147 Words in Art. 38(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), 28(29)(c)

F148 Art. 38(2a)(2b) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(30)

F149 Words in Art. 38(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), 28(31)(a)

F150 Art. 38(3)(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), 28(31)(b)

F151 Words in Art. 38(3)(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), 28(31)(c)

F152 Words in Art. 38(3)(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), 28(31)(d)

F153 Art. 38(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(32)

F154 Word in Art. 38(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), 28(33)(a)

F155 Words in Art. 38(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), 28(33)(b)

F156 Art. 38(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(34)

Article 39 U.K. Surveillance of the use of names in the market place

1. [F157 Checks must be carried out], based on a risk analysis, as regards the use, in the market place, of the geographical indications registered under this Regulation and F158 ... all necessary measures [F159 must be taken] in the event of breaches of the requirements of this Chapter.

2. F160 ... Appropriate administrative and judicial steps [F161 must be taken] to prevent or stop the unlawful use of the names of products or services that are produced or marketed in [F162 Great Britain] and that are covered by geographical indications registered under this Regulation.

To that end, [F163 the authorities designated in regulation 6 of the Spirit Drinks Regulations 2008 in relation to this Article, as that regulation extends to Great Britain,] are responsible for taking those steps F164 ...

Those authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

3. F165 ... The [F166 Secretary of State] shall make public the names and addresses of those authorities [F167 in such manner as appears appropriate to the Secretary of State from time to time].

Textual Amendments

F157 Words in Art. 39(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), 28(35)(a)(i)

F158 Words in Art. 39(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), 28(35)(a)(ii)

F159 Words in Art. 39(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), 28(35)(a)(iii)

F160 Words in Art. 39(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), 28(35)(b)(i)(aa)

F161 Words in Art. 39(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), 28(35)(b)(i)(bb)

F162 Words in Art. 39(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), 28(35)(b)(i)(cc)

F163 Words in Art. 39(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), 28(35)(b)(ii)(aa)

F164 Words in Art. 39(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), 28(35)(b)(ii)(bb)

F165 Words in Art. 39(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), 28(35)(c)(i)

F166 Words in Art. 39(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), 28(35)(c)(ii)(aa)

F167 Words in Art. 39(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), 28(35)(c)(ii)(bb)

Article 40 U.K. Procedure and requirements, and planning and reporting of control activities

1. The procedures and requirements laid down in Regulation [F168 (EU) 2017/625] shall apply mutatis mutandis to the checks provided for in Articles 38 and 39 of this Regulation.

2. [F169 The Secretary of State] shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles [F170 109(1), 110(2) and 111(2) of Regulation (EU) 2017/625].

3. The annual reports referred to in [F171 Article 113(1) of Regulation (EU) 2017/625] shall include in a separate section the information referred to in that provision concerning the control of the obligations established by this Regulation.

Textual Amendments

F168 Words in Art. 40(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), 28(36)(a)

F169 Words in Art. 40(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), 28(36)(b)(i)

F170 Words in Art. 40(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), 28(36)(b)(ii)

F171 Words in Art. 40(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), 28(36)(c)

Article 41 U.K. [F172 Power to make supplementary provisions by regulations]

1. The [F173 Secretary of State may make regulations] supplementing this Regulation by setting out further conditions to be followed, including in cases where a geographical area includes more than one country, in respect of:

(a) an application for the registration of a geographical indication as referred to in Articles 23 and 24; and

(b) F174 ... scrutiny by the [F175 Secretary of State], the opposition procedure, and the cancellation of geographical indications.

2. The [F176 Secretary of State may make regulations] supplementing this Regulation by establishing conditions and requirements for the procedure concerning [F177 non-standard] amendments and standard amendments, including temporary amendments, to product specifications as referred to in Article 31.

Textual Amendments

F172 Art. 41 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), 28(37)(a)

F173 Words in Art. 41(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), 28(37)(b)(i)

F174 Words in Art. 41(1)(b) 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), 28(37)(b)(ii)(aa)

F175 Words in Art. 41(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), 28(37)(b)(ii)(bb)

F176 Words in Art. 41(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), 28(37)(c)(i)

F177 Word in Art. 41(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), 28(37)(c)(ii)

Article 42 U.K. [F178 Article 42 Power to make detailed rules by regulations]

1. The [F179 Secretary of State may make regulations] laying down detailed rules concerning:

(a) the form of the product specification referred to in Article 22, and measures on the information to be provided in the product specification with regard to the link between the geographical area and the final product as referred to in point (f) of Article 22(1);

(b) the procedures for, form and presentation of, oppositions as referred to in Articles 27 and 28;

(c) the form and presentation of applications for [F180 non-standard, UK standard and UK temporary amendments as referred to in Article 31(3), (5) and (6) respectively] and of communications concerning [F181 third country standard and third country] temporary amendments as referred to in Article [F182 31(7) and (8)] respectively;

(d) the procedures for and form of the cancellation process referred to in Article 32, as well as on the presentation of the requests for cancellation; and

(e) the checks and verifications to be carried out F183 ..., including testing, as referred to in Article 38.

2. The [F184 Secretary of State may make regulations] laying down detailed rules concerning the procedures for, form and presentation of, applications as referred to in Articles 23 and 24, including for applications concerning more than one national territory.

F185 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178 Art. 42 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), 28(38)(a)

F179 Words in Art. 42(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), 28(38)(b)(i)

F180 Words in Art. 42(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), 28(38)(b)(ii)(aa)

F181 Words in Art. 42(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), 28(38)(b)(ii)(bb)

F182 Words in Art. 42(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), 28(38)(b)(ii)(cc)

F183 Words in Art. 42(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), 28(38)(b)(iii)

F184 Words in Art. 42(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), 28(38)(c)

F185 Art. 42(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), 28(38)(d)

[F186 CHAPTER 4 U.K. GEOGRAPHICAL INDICATIONS: APPEALS

Article 43 U.K. Appeals

1. An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2.

2. Such an appeal may be made:

(a) in all cases, by a person specified in the corresponding entry in column 2 of the table in Part 2 of Annex 2;

(b) in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.

3. In determining such an appeal the FTT:

(a) must consider the decision appealed against afresh;

(b) may take into account evidence that was not available to the Secretary of State.

4. The FTT may:

(a) dismiss the appeal, or

(b) if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Part 2 of Annex 2.

5. Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:

(a) the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision;

(b) the provisions of this Chapter and Annex 2 apply to the fresh decision made by the Secretary of State.

6. An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 does not prevent an entry recorded on Great Britain’s GIs Register by the Secretary of State following that decision from having effect.

7. The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and:

(a) in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to take specified action, that action has been taken;

(b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.

Article 43a U.K. Secretary of State decision to consider a decision afresh and the effect of that decision on an appeal

1. The Secretary of State may consider a decision specified in column 1 of the table in Part 2 of Annex 2 (‘the original decision’) afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.

2. Paragraph 1 applies even though an appeal has been made in respect of the original decision.

3. Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision:

(a) the Secretary of State must notify the FTT of the Secretary of State’s decision to consider the original decision afresh and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision;

(b) the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter;

(c) the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision and the reasons for that decision.

4. If the Secretary of State makes the same decision again, the appeal to the FTT restarts.

5. If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.]

F1 Article 44 U.K. Exchange of information

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

Textual Amendments

F1 Regulation, 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)

F1 Article 45 U.K. Member States' legislation

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

Textual Amendments

F1 Regulation, 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)

Textual Amendments

F186 Ch. 4 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(39), Sch. 10 Pt. 2

CHAPTER V U.K. DELEGATION OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS

SECTION 1 U.K. Delegation of power and implementing provisions

[F187 Article 46 U.K. Regulations

1. Regulations made under this Regulation are to be made by statutory instrument.

1A. A statutory instrument containing regulations under Article 36d(4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

1B. Any other statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2. Such regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking an enactment);

(b) make different provision for different purposes.

3. In this Article, ‘enactment’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland;

(b) regulations made under retained direct principal EU legislation, except to the extent that they extend to Northern Ireland;

(c) retained direct minor EU legislation, except to the extent that it extends to Northern Ireland.]

Textual Amendments

F187 Art. 46 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(40) (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(6))

F188 Article 47 U.K. Committee procedure

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

Textual Amendments

F188 Art. 47 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), 28(41)

SECTION 2 U.K. Derogation, transitional and final provisions

F1 Article 48 U.K. Derogation from nominal quantities requirements in Directive 2007/45/EC

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

Textual Amendments

F1 Regulation, 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)

Article 49 U.K. Repeal

F189 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. References to Regulation (EC) No 110/2008 shall [F190 , so far as they relate to matters previously covered by Chapter 3 of Regulation (EC) No 110/2008 as it had effect in EU law before it was repealed by Article 49 of EU Regulation 2019/787,] be construed as references to this Regulation and be read in accordance with the [F191 entries in the correlation table relating to that Chapter] set out in Annex IV to this Regulation.

Textual Amendments

F189 Art. 49(1)(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), 28(42)(a)

F190 Words in Art. 49(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), 28(42)(b)(i)

F191 Words in Art. 49(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), 28(42)(b)(ii)

Article 50 U.K. Transitional measures

F192 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. In respect of [F194 an established geographical indication originally registered in accordance with EU Regulation 110/2008 the Secretary of State must, at the request of any natural or legal person having a legitimate interest, or, in the case of an established geographical indication relating to an area in a third country, via the authorities of the third country, publish a single document relating to the geographical indication submitted by that applicant or authority]. That publication shall be accompanied by [F195 a copy] of the product specification and [F196 , unless the Secretary of State decides otherwise,] shall not be followed by an opposition procedure

Textual Amendments

F1 Regulation, 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)

F192 Art. 50(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), 28(43)(a)

F193 Art. 50(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), 28(43)(b)

F194 Words in Art. 50(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), 28(43)(c)(i)

F195 Words in Art. 50(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), 28(43)(c)(ii)(aa)

F196 Words in Art. 50(6) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(43)(c)(ii)(bb)

Article 51 U.K. Entry into force and application

1. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 May 2021.

[X1 2. Notwithstanding paragraph 1, Article 14(2), Article 16, point (c) of Article 20, Articles 21, 22 and 23, Article 24(1), (2) and (3), the first and second subparagraphs of Article 24(4), Article 24(8) and (9), Articles 25 to 42, Articles 46 and 47, Article 50(1), (4) and (6), points 39(d) and 40(d) of Annex I and the definitions set out in Article 3 relating to those provisions shall apply from 8 June 2019.]

3. The delegated acts provided for in Articles 8, 19 and 50, adopted in accordance with Article 46, and the implementing acts provided for in Article 8(4) and Articles 20, 43 and 44, adopted in accordance with Article 47, shall apply from 25 May 2021.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 130 of 17 May 2019).

This Regulation shall be binding in its entirety and directly applicable in all Member States.