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

Article 42 U.K. Marketing and export

1. Grapevine products whose label or presentation does not conform to the corresponding conditions laid down in this Regulation shall not be marketed within [F1 Great Britain, moved to Northern Ireland] or exported.

2. By way of derogation from [F2 the provisions of Regulation (EU) No 1308/2013 specified in paragraph 2a], where grapevine products are to be [F3 moved to Northern Ireland or exported, the Secretary of State may, by administrative decision,] permit particulars and presentations which conflict with [F4 labelling and presentation rules in retained EU law] if such particulars or presentations of the grapevine products are required by the legislation [F5 that applies in Northern Ireland or] of the third country in question. These particulars may appear in languages other than the official languages of the Union.

[F6 2a. For the purpose of paragraph 2, the provisions of Regulation (EU) No 1308/2013 are:

(a) Subsection 3 of Section 2 of Chapter 1 of Title 2 of Part 2;

(b) the first paragraph of Article 118, except so far as it relates to the Food (Lot Marking) Regulations 1996 and Regulation (EU) No 1169/2011;

(c) paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article);

(d) points (d), (e) and (g) of Article 120(1);

(e) paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to:

(i) the compulsory particulars specified in paragraph 1(b) of Article 119 (as read with paragraph 3 of that Article);

(ii) the optional particulars specified in points (d), (e) and (g) of Article 120(1);

(f) Article 121(2).

2b. By way of derogation from the provisions specified in paragraph 2c, where grapevine products are to be moved to Northern Ireland or exported, the appropriate authority may, by administrative decision, permit particulars and presentations which conflict with labelling and presentation rules in retained EU law if such particulars or presentations of the grapevine products are required by the legislation that applies in Northern Ireland or of the third country in question. These particulars may appear in languages other than English.

2c. For the purpose of paragraph 2b, the provisions of Regulation (EU) No 1308/2013 are:

(a) the first paragraph of Article 118 so far as it relates to:

(i) the Food (Lot Marking) Regulations 1996, and

(ii) Regulation (EU) No 1169/2011;

(b) paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article);

(c) Article 120, except for points (d), (e) and (g) of paragraph 1;

(d) paragraph 1 of Article 121, as read with paragraph 3 of that Article, so far as it relates to:

(i) paragraph 1(a) and (c) to (g) of Article 119 (as read with paragraphs 2 and 4 of that Article);

(ii) Article 120, except for points (d), (e) and (g) of paragraph 1.]

3. By way of derogation from Subsection 3 of Section 2 and Section 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, where grapevine products are to be consumed on board of airplanes, [F7 the Secretary of State may use any power the Secretary of State may have to permit the use of presentations that conflict with presentation rules in force in retained EU law] if such presentations of the grapevine products are necessary for security reasons.

4. [F8 In this Article, ‘retained EU law’ has the meaning given in section 6(7) of the EUWA but does not include any legislation so far as it extends to Northern Ireland.]

Textual Amendments

F1 Words in Art. 42(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(a)

F2 Words in Art. 42(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(b)(i)

F3 Words in Art. 42(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(b)(ii)

F4 Words in Art. 42(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(b)(iii)

F5 Words in Art. 42(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), 26(38)(b)(iv)

F6 Art. 42(2a)-(2c) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(c)

F7 Words in Art. 42(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), 26(38)(d)

F8 Art. 42(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(38)(e)