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Commission Delegated Regulation (EU) 2019/33Show full title

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

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Changes and effects yet to be applied to Article 11:

  • Art. 11(1) words substituted by S.I. 2019/1342 reg. 13(4)(a)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 11(2) words substituted by S.I. 2019/1342 reg. 13(4)(b)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 11(2) words substituted by S.I. 2019/1342 reg. 13(4)(b)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Ch. 3 s. 6 inserted by S.I. 2019/1342 Sch. 3 Pt. 1 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Signature words omitted by S.I. 2019/759 reg. 7(30) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 1a inserted by S.I. 2019/759 reg. 7(2) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 1a words inserted by S.I. 2019/1342 reg. 13(2)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(a) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(b) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(d) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 1a words substituted by S.I. 2019/1342 reg. 13(2)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 1a words substituted in earlier amending provision S.I. 2019/759, reg. 7(a) by S.I. 2019/1342 reg. 4(5)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 1a words substituted in earlier amending provision S.I. 2019/759, reg. 7(a) by S.I. 2019/1342 reg. 4(5)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 1b inserted by S.I. 2019/1366 Sch. 4 Pt. 1 (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 5(1)(c) word omitted by S.I. 2019/759 reg. 7(4) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Annex 8 inserted by S.I. 2019/1342 Sch. 3 Pt. 2 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 11(1)(a) words substituted by S.I. 2019/1342 reg. 13(4)(a)(i)(aa) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 11(1)(c)(i) words substituted by S.I. 2019/1342 reg. 13(4)(a)(i)(bb) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 13(1)(b) words inserted by S.I. 2019/778 reg. 6(2)(a)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 5)
  • Art. 13(2)(a) words substituted by S.I. 2019/778 reg. 6(2)(b)(ii) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 5)
  • Art. 13(5)-(7) inserted by S.I. 2019/1342 reg. 13(6)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 14 para. 2b(b) words substituted by S.I. 2023/424 Sch. para. 81
  • Art. 14(3) inserted by S.I. 2019/1342 reg. 13(7)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 17(9)(10) inserted by S.I. 2019/1342 reg. 13(18) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 18(1)-(1n) substituted for Art. 18(1) by S.I. 2019/1342 reg. 13(19)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 18(6) inserted by S.I. 2019/1342 reg. 13(19)(e) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 26(2a) inserted by S.I. 2019/759 reg. 7(11)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 27(1)(b)(i) words omitted by S.I. 2019/759 reg. 7(12)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 27(1)(b)(ii) words omitted by S.I. 2019/759 reg. 7(12)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 27(1)(d) words substituted by S.I. 2019/759 reg. 7(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 27(2)(a) words omitted by S.I. 2019/759 reg. 7(12)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 30(1)(a) words omitted by S.I. 2019/759 reg. 7(15)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 30(1)(b) words substituted by S.I. 2019/759 reg. 7(15)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 31(3a) inserted by S.I. 2019/1342 reg. 13(23)(d) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 32(1)(a) words substituted by S.I. 2019/759 reg. 7(16)(a) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 32a 32b inserted by S.I. 2019/1366 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.)
  • Art. 37(1)(a) words substituted by S.I. 2019/759 reg. 7(18)(a) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 46(1)(a) words omitted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(ii)
  • Art. 46(1)(d) omitted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(iii)
  • Art. 46(1)(f) words substituted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(iv)
  • Art. 50(1)(b) words omitted by S.I. 2019/759 reg. 7(22)(a)(ii)(aa) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 50(1)(b) words substituted by S.I. 2019/759 reg. 7(22)(a)(ii)(bb) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 50(1b) inserted by S.I. 2023/394 reg. 3(3)
  • Art. 51(a) words substituted by S.I. 2019/759 reg. 7(23)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 51(1) words omitted by S.I. 2023/1362 Sch. 2 para. 5(5)
  • Art. 52(5) inserted by S.I. 2019/759 reg. 7(24)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
  • Art. 53(7)(8) inserted by S.S.I. 2024/11 reg. 2
  • Art. 53(7)(8) inserted by S.I. 2024/115 reg. 2
  • Art. 53(7)(8) inserted by S.I. 2024/83 reg. 2
  • Art. 57(1)(a) revoked by S.I. 2023/1362 Sch. 1
  • Art. 57(1)(b) revoked by S.I. 2023/1362 Sch. 1
  • Art. 58(4)(5) substituted for Art. 58(4) by S.I. 2019/759 reg. 7(28)(e) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)

Article 11U.K.Admissibility and grounds of objection

1.For the purposes of Article 98 of Regulation (EU) No 1308/2013 a substantiated statement of objection shall be admissible where:

(a)it is received by the [F1Secretary of State] within the deadline set out in Article 98 of Regulation (EU) No 1308/2013;

(b)it complies with the requirements set out in Article 8(1) of Implementing Regulation (EU) 2019/34;

and:

(c)it shows that the application for protection or amendment to the product specification or for cancellation of the protection is incompatible with the rules on designations of origin and geographical indications because:

(i)

it would conflict with Articles 92 to 95, 105 or 106 of Regulation (EU) No 1308/2013 and with [F2any provision in force, adopted or made pursuant to them (whether adopted before IP completion day, or made on or after IP completion day)];

(ii)

the registration of the proposed name would conflict with Article 100 or 101 of Regulation (EU) No 1308/2013;

(iii)

the registration of the proposed name would jeopardise the rights of a trade mark holder or of a user of a fully homonymous name or of a compound name, one term of which is identical to the name to be registered, or the existence of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(3) of Regulation (EU) No 1308/2013.

The grounds of objection shall be assessed in relation to the territory of [F3Great Britain, except that, in relation to paragraph 1(c)(ii) so far as it relates to Article 101(1) of Regulation (EU) No 1308/2013, the objection must be assessed in relation to the territory of the United Kingdom].

Where an objection is filed by a natural or legal person, the duly substantiated statement of objection shall be admissible only if it shows the legitimate interest of the objector.

2.Where the [F4Secretary of State] considers that the objection is inadmissible, [F5the Secretary of State] shall inform the authority or natural or legal person that objected of the reasons grounding the finding of inadmissibility.

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