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Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
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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 [F1Great Britain].
4.The protection referred to in paragraph 2 shall also apply with regard to goods entering [F2Great Britain] without being released for free circulation there.
Textual Amendments
F1Words 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)
F2Words 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)
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 F3...
2.Technical files submitted as part of any application before 8 June 2019 under [F4EU 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
F3Words 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)
F4Words 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)
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:
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;
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 F5... proof that the name of the product is protected in its country of origin.
F62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words 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)
F6Art. 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)
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 [F7the 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 F8... referred to in Article [F923] 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 F10... countries may submit a joint application for registration.
Where a joint application is submitted, it shall be submitted to the [F11Secretary of State] by an applicant group F12... or through the authorities [F13of a third country concerned, after consultation, in both cases,] of all the authorities and applicant groups concerned. F14... The requirements laid down in Article 23 shall be fulfilled [F15, 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 [F16the United Kingdom], the application shall be submitted to the [F17Secretary of State].
F18...
F196.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.Where the application relates to a geographical area in a third country, the application shall be submitted to the [F20Secretary 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 [F21Secretary of State] shall be in one of the official languages of the Union.
Textual Amendments
F7Words 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)
F8Word 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)
F9Word 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)
F10Words 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)
F11Words 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)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Words 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)
F17Words 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)
F18Words 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)
F19Art. 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)
F20Words 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)
F21Words 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Art. 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)
1.The [F24Secretary of State] shall scrutinise by appropriate means any application that [F25the 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 [F26both 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 [F24Secretary of State] shall immediately indicate in writing to the applicant the reasons for the delay.
The [F27Secretary of State] shall, at least each month, make public the list of names for which registration applications have been submitted to [F28the Secretary of State], as well as their date of submission. The list shall also contain the name of the F29... country from which the application came. [F30In 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 [F31Secretary of State] considers that the requirements of this Chapter are met, [F32the 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
F23Words 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)
F24Words 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)
F25Words 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)
F26Words 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)
F27Words 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)
F28Words 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)
F29Words 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)
F30Words 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)
F31Words 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)
F32Words 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)
1.Within three months from the date [F33on 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 [F34Secretary of State].
F35...
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 [F36Secretary of State] shall forward the notice of opposition without delay to the [F37applicant or authority] that submitted the application.
2.If a notice of opposition is submitted to the [F38Secretary of State] and is followed within two months by a reasoned statement of opposition, the [F38Secretary 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 [F39Secretary of State] shall invite the authority or person that submitted the opposition and the [F40applicant 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 [F41applicant 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 [F42Secretary of State].
When the interested parties reach an agreement, the [F43applicant that submitted the application or the authorities] of the third country from which the application was submitted shall notify the [F44Secretary of State] of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities F45... 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 [F46Secretary of State] shall be made within one month from the end of the consultations.
At any time during those three months, the [F46Secretary 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 [F47Secretary 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 [F48Secretary of State] in accordance with paragraphs 1 to 4 shall be in one of the official languages of the Union.
Textual Amendments
F33Words 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)
F34Words 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)
F35Words 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)
F36Words 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)
F37Words 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)
F38Words 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)
F39Words 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)
F40Words 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)
F41Words 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)
F42Words 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)
F43Words 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)
F44Words 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)
F45Words 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)
F46Words 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)
F47Words 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)
F48Words 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)
1.A reasoned statement of opposition as referred to in Article 27(2) shall be admissible only if it is received by the [F49Secretary 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 [F50Great 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
F49Words 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)
F50Words 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)
(1)The [F51Secretary of State may, by regulations, grant] a transitional period of up to five years to enable [F52a spirit drink, wherever it originates from], and the name of which contravenes Article 21(2), to continue to use the designation under which [F53it was marketed in Great Britain] on condition that an admissible statement of opposition under F54... 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).
F55...
(2)Without prejudice to Article 36, the [F56Secretary 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 [F57Secretary 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.
F58...
(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
F51Words 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)
F52Words 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)
F53Words 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)
F54Words 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)
F55Words 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)
F56Words 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)
F57Words 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)
F58Words 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)
1.Where, on the basis of the information available to the [F59Secretary of State] from the scrutiny carried out pursuant to the first subparagraph of Article 26(1), the [F59Secretary of State] considers that the conditions for the registration of a proposed geographical indication are not fulfilled, [F60the Secretary of State] shall inform the [F61applicant or the authorities of the third country] concerned of the reasons for rejection and shall give [F62the applicant or the authorities, as applicable,] two months to submit observations. If the [F63Secretary of State] receives no observations or if, despite the observations received, [F64the Secretary of State] still considers that the conditions for registration are not fulfilled [F65the Secretary of State must] reject the application unless the application is withdrawn. F66...
2.If the [F67Secretary of State] receives no notice of opposition or no admissible reasoned statement of opposition under Article 27, [F68the Secretary of State must] to register the name [F69in Great Britain's GIs Register].
3.If the [F70Secretary of State] receives an admissible reasoned statement of opposition, [F71the 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 [F72in 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, [F73decide 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.F74...
The act of registration [F75under paragraph 5a] shall grant the protection referred to in Article 21 to the geographical indication.
[F765.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.
[F775a.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.]
[F788.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
F59Words 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)
F60Words 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)
F61Words 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)
F62Words 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)
F63Words 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)
F64Words 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)
F65Words 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)
F66Words 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)
F67Words 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)
F68Words 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)
F69Words 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)
F70Words 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)
F71Words 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)
F72Words 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)
F73Words 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)
F74Words 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)
F75Words 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)
F76Art. 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)
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)[F79non-standard] amendments requiring an opposition procedure [F80under Article 27, as applied to applications for non-standard amendments by paragraph 9];
(b)standard amendments[F81. Standard amendments to a product specification for a geographical indication relating to an area in a third country are] to be dealt with at F82... third country level.
3.An amendment shall be considered a [F83non-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.
[F844.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 [F85the 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.]
[F868.]A [F87third country] standard amendment shall also be considered a [F88third 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 [F89of the third country concerned] or is linked to natural disasters or adverse weather conditions formally recognised by the competent authorities [F89of the third country concerned].
[F909.][F91Non-standard] amendments shall be approved by the [F92Secretary of State] . The approval procedure shall follow, mutatis mutandis, the procedure laid down in Article 24 and Articles 26 to 30. Applications for [F93non-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.
[F9410.A UK standard amendment and a UK temporary amendment must be approved by the Secretary of State.]
[F9511.]F96.... [F97Third country standard amendments and third country temporary] amendments shall be approved in accordance with the law applicable in the third country concerned.
[F9812.]The scrutiny of the application for amendment shall only address the proposed amendment.
[F9913.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
F79Word 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)
F80Words 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)
F81Words 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)
F82Words 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)
F83Word 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)
F84Art. 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)
F85Words 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)
F86Words 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)
F87Words 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)
F88Words 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)
F89Words 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)
F90 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)
F91Word 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)
F92Words 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)
F93Word 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)
F94Art. 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)
F95 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)
F96Words 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)
F97Words 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)
F98 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)
1.The [F100Secretary 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, F101... 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 [F102Secretary of State] may, at the request of the producers of the spirit drink marketed under the registered geographical indication, [F103cancel] the corresponding registration.
3.In the cases referred to in paragraphs 1 and 2, before [F104taking 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 [F105the original applicant].
F1064.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1075.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
F100Words 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)
F101Words 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)
F102Words 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)
F103Word 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)
F104Words 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)
F105Words 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)
F106Art. 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)
1.The [F108Secretary 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 [F109contain 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 [F110Secretary 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 [F111Great Britain] pursuant to an international agreement to which the [F112United Kingdom] is a contracting party may be entered in the register as geographical indications.
[F113The 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
F108Words 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)
F109Words 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)
F110Words 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)
F111Words 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)
F112Words 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)
F113Words 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)
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.
(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 [F114Great Britain], in particular in areas of consumption;
(b)the relevant F115... 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.
(.[F1164).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
F114Words 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)
F115Words 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)
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, F117... in good faith within the territory of the [F118United Kingdom], before the date on which the application for protection of the geographical indication was submitted to the [F119Secretary 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 [F120in, or under, the Trade Marks Act 1994].
Textual Amendments
F117Words 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)
F118Words 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)
F119Words 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)
F120Words 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)
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
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
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
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—
is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s GIs Register under Article 36c, or
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
[F1231.][F124Established geographical indications] shall automatically be protected as geographical indications under this Regulation. The [F125Secretary of State] shall list them in the register referred to in Article 33 of this Regulation [F126and the registration takes effect on IP completion day].
[F1272.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
F122Word 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)
F123Art. 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)
F124Words 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)
F125Words 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)
F126Words 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)
1.[F128The Secretary of State] shall draw up and keep up to date a list of operators that produce spirit drinks [F129in Great Britain] with a geographical indication registered under this Regulation.
2.In respect of the geographical indications that designate spirit drinks originating within [F130Great 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:
[F131(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)[F132delegated] bodies within the meaning of point 5 of the second subparagraph of Article 2 of [F133(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 [F134Article 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.
F135...
[F1362a.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 [F137Northern 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:
[F138(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)[F139in relation to a product produced in a third country,] a public competent authority designated by the third country; or
(b)[F140in relation to a product produced in Northern Ireland or a third country,] a product certification body.
[F1414.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 [F142delegated] 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 F143....
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.[F144In 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
F128Words 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)
F129Words 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)
F130Words 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)
F131Art. 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)
F132Word 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)
F133Words 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)
F134Words 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)
F135Words 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)
F136Art. 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)
F137Words 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)
F138Art. 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)
F139Words 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)
F140Words 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)
F141Art. 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)
F142Word 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)
F143Words 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)
1.[F145Checks 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 F146... all necessary measures [F147must be taken] in the event of breaches of the requirements of this Chapter.
2.F148... Appropriate administrative and judicial steps [F149must be taken] to prevent or stop the unlawful use of the names of products or services that are produced or marketed in [F150Great Britain] and that are covered by geographical indications registered under this Regulation.
To that end, [F151the 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 F152...
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.F153... The [F154Secretary of State] shall make public the names and addresses of those authorities [F155in such manner as appears appropriate to the Secretary of State from time to time].
Textual Amendments
F145Words 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)
F146Words 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)
F147Words 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)
F148Words 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)
F149Words 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)
F150Words 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)
F151Words 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)
F152Words 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)
F153Words 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)
F154Words 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)
F155Words 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)
1.The procedures and requirements laid down in Regulation [F156(EU) 2017/625] shall apply mutatis mutandis to the checks provided for in Articles 38 and 39 of this Regulation.
2.[F157The 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 [F158109(1), 110(2) and 111(2) of Regulation (EU) 2017/625].
3.The annual reports referred to in [F159Article 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
F156Words 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)
F157Words 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)
F158Words 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)
F159Words 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)
1.The [F161Secretary 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)F162... scrutiny by the [F163Secretary of State], the opposition procedure, and the cancellation of geographical indications.
2.The [F164Secretary of State may make regulations] supplementing this Regulation by establishing conditions and requirements for the procedure concerning [F165non-standard] amendments and standard amendments, including temporary amendments, to product specifications as referred to in Article 31.
Textual Amendments
F160Art. 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)
F161Words 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)
F162Words 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)
F163Words 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)
F164Words 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)
F165Word 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)
1.The [F167Secretary 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 [F168non-standard, UK standard and UK temporary amendments as referred to in Article 31(3), (5) and (6) respectively] and of communications concerning [F169third country standard and third country] temporary amendments as referred to in Article [F17031(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 F171..., including testing, as referred to in Article 38.
2.The [F172Secretary 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.
F1733.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F166Art. 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)
F167Words 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)
F168Words 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)
F169Words 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)
F170Words 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)
F171Words 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)
F172Words 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)
F173Art. 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)
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