The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019 (expired—not approved)

Prospective

[X1 Commission Delegated Regulation (EU) 2019/33 U.K.

13.— (1) Commission Delegated Regulation (EU) 2019/33 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 is amended as follows.

(2) In Article 1a—

(a) in the definition of “the Article 25 Register”, for “means” substitute “and ‘the United Kingdom's Traditional Terms Register’ mean”;

(b) after the definition of “country” insert—

“‘FTT’ means the First-tier Tribunal;”.

(3) In Article 9(1), in the first subparagraph, for “, 95 and 96” substitute “ and 95 ”.

(4) In Article 11—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) in point (a), for “Commission” substitute “ Secretary of State ”;

(bb) in point (c)(i), for “the provisions adopted pursuant thereto” substitute “ any provision in force adopted or made pursuant to them (whether adopted before exit day, or made on or after exit day) ”;

(ii) in the second subparagraph, for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for “it” substitute “ the Secretary of State ”.

(5) In Article 12—

(a) in paragraph 1—

(i) in the first sentence—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(ii) in the second sentence—

(aa) after “on which” insert “ the single document and the product specification submitted in connection with ”;

(bb) for the words from “is published” to “Union” substitute “ are published under Article 97(3) of Regulation (EU) No 1308/2013 M1 ”;

(iii) in the last sentence, for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 3—

(i) in the first sentence—

(aa) for “established in the third country or” substitute “ or, where relevant, ”;

(bb) omit “of the Member State or”;

(cc) for “Commission” substitute “ Secretary of State ”;

(ii) in the second sentence—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) omit “national”;

(iii) in the last sentence, for “Commission shall adopt” substitute “ Secretary of State must make ”;

(c) in paragraph 4—

(i) in the first sentence—

(aa) for the words from “established” to “of the third country,” substitute “ or, where relevant, the authorities of the third country ”;

(bb) for “Commission” substitute “ Secretary of State ”;

(ii) in the second sentence, for “Commission shall adopt” substitute “ Secretary of State must make ”.

(6) In Article 13—

(a) in paragraph 4, in the first subparagraph, in the first sentence—

(i) for “a Member State may” substitute “ nothing in this Regulation prevents the Secretary of State from using any power the Secretary of State has to make regulations to ”;

(ii) for “Commission” substitute “ Secretary of State ”;

(iii) for “to the authorities of the Member State” substitute “ with the Secretary of State ”;

(iv) omit “national”;

(v) for “96(3)” substitute “ 98 ”;

(b) after paragraph 4 insert—

“5.   The powers to make regulations conferred on the Secretary of State by paragraphs 1 and 2 are exercisable by statutory instrument.

6.   A statutory instrument containing regulations made under paragraph 1 or 2 is subject to annulment in pursuance of a resolution of either House of Parliament.

7.   Such regulations may contain supplementary, incidental or consequential provision.”.

(7) In Article 14—

(a) in paragraph 1—

(i) in the first subparagraph, for the words from “importance” to the end substitute—

“importance:

(a) ‘non-standard amendments’, which are amendments requiring an objection procedure under Article 98 of Regulation (EU) No 1308/2013, and

(b) ‘standard amendments’, which are amendments not requiring an objection procedure under Article 98 of Regulation (EU) No 1308/2013 and which, in the case of an amendment relating to a product specification for a third country designation of origin or geographical indication, are to be dealt with at third country level;”;

(ii) in the second subparagraph, in the words before point (a), for “Union” substitute “ non-standard ”;

(iii) in the third subparagraph, for “Union” substitute “ non-standard ”;

(b) in paragraph 2, for “recognised by the competent authorities” substitute—

“recognised by:

(a) in a case where a geographical area in a third country is affected, a competent authority in the third country;

(b) in a case where a geographical area in the United Kingdom is affected:

(i) in a case of adverse weather conditions, the Met Office;

(ii) in any case, the Secretary of State or the Food Standards Agency”;

(c) after paragraph 2 insert—

“3.   In this Article, ‘the Met Office’ means the Met Office of the Department for Business, Energy and Industrial Strategy.”.

(8) In Article 15—

(a) in the heading, for “Union” substitute “non-standard”;

(b) in paragraph 1—

(i) for “Union” substitute “ non-standard ”;

(ii) for “96” substitute “ 97 ”;

(c) in paragraph 3, for “Union”, in each place it occurs, substitute “ non-standard ”;

(d) in paragraph 4, for “Commission” substitute “ Secretary of State ”.

(9) In Article 16—

(a) in the heading, for “Union” substitute “non-standard”;

(b) in paragraph 1—

(i) in the first and second subparagraphs, for “Union” substitute “ non-standard ”;

(ii) in the third subparagraph—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “Union” substitute “ non-standard ”;

(c) in paragraph 2, for the words from “competent authorities” to “in a third country” substitute “ applicant or, in the case of a third country application, the applicant established in, or the competent authorities of, the third country, ”.

(10) Article 17 is amended in accordance with paragraphs (11) to (18).

(11) In paragraph 1—

(a) for the first subparagraph substitute—

“1.   Standard amendments relating to a designation of origin or a geographical indication for a geographical area in the United Kingdom must be approved by the Secretary of State and made public in such manner as appears appropriate to the Secretary of State from time to time.”;

(b) in the second subparagraph—

(i) in the first sentence, for the words from “authorities” to the end substitute “ Secretary of State ”;

(ii) in the third sentence, for “Member State” substitute “ Secretary of State ”.

(12) In paragraph 2—

(a) in the first subparagraph, in the first sentence—

(i) for “Member State” substitute “ Secretary of State ”;

(ii) for “it” substitute “ the Secretary of State ”;

(b) in the second subparagraph—

(i) in the first sentence omit “in the Member State”;

(ii) omit the second sentence.

(13) In paragraph 3, for “Commission”, in both places it occurs, substitute “ Secretary of State ”.

(14) In paragraph 5—

(a) for “Commission” substitute “ Secretary of State ”;

(b) omit the words from “in the Official” to “series,”;

(c) after “months from” insert “ the date of the Secretary of State's decision to approve the amendment under paragraph 2, or, in the case of an amendment approved pursuant to paragraph 3, ”;

(d) omit “Member State,”.

(15) In paragraph 6—

(a) for the words from “Commission” to “to in” substitute “ Secretary of State must make public, in accordance with ”;

(b) after “months from” insert “ the date of the Secretary of State's decision to approve the amendment under paragraph 2, or, in the case of an amendment approved pursuant to paragraph 3, ”;

(c) omit “Member State,”.

(16) In paragraph 7—

(a) for “territory of the Union” substitute “ United Kingdom ”;

(b) for the words from “in the Official” to “to in” substitute “ by the Secretary of State in accordance with ”.

(17) In paragraph 8—

(a) in the first subparagraph—

(i) in the first sentence—

(aa) for “one Member State, the Member State concerned” substitute “ the United Kingdom, the Secretary of State ”;

(bb) for “their territory” substitute “ the United Kingdom and, in relation to the part of the area that does not fall within the United Kingdom, the procedure in paragraph 3 applies ”;

(ii) in the second sentence, for “national decision of approval” substitute “ of the approving decisions by the Secretary of State and the authority of the relevant third country ”;

(iii) in the last sentence—

(aa) for “Member State last” substitute “ authority of the third country ”;

(bb) for “Commission” substitute “ Secretary of State ”;

(b) omit the second subparagraph.

(18) After paragraph 8 insert—

“9.   If a geographical area covers more than the United Kingdom and the national decision necessary in relation to the part of the area in a third country is not taken or adopted by the authority of the third country, an application in relation to that part of the area may be submitted under the non-standard amendment procedure.

10.   If a geographical area covers areas in two or more third countries, the standard amendment only becomes applicable after the last of the approving decisions by the authorities of the relevant third countries becomes applicable. If a national decision in relation to part of an area in a third country is not taken or adopted by the authority of the third country, an application in respect of the amendment in relation to the geographical area as a whole may be submitted under the non-standard amendment procedure.”.

(19) In Article 18—

(a) for paragraph 1 substitute—

“1.   Paragraphs 1a to 1n apply to an application for temporary amendments to a product specification for a protected designation of origin or protected geographical indication that relates to a geographical area in the United Kingdom (‘a temporary amendments application’).

1a.   A temporary amendments application must be made to the Secretary of State.

1b.   The procedures laid down in Articles 94 and 97 to 99 of Regulation (EU) No 1308/2013 do not apply to a temporary amendments application.

1c.   A temporary amendments application may be made by a group of producers having a legitimate interest in the relevant protected designation of origin or protected geographical indication unless the application to register the designation of origin or geographical indication was made by a single applicant, in which case the temporary amendments application may be made by that person.

1d.   If a temporary amendments application is not made by the single applicant or group of producers who submitted the original application (‘the original applicant’), the Secretary of State must give the original applicant the opportunity to make comments on the application if that applicant still exists.

1e.   A temporary amendments application must:

(a) describe the amendment applied for,

(b) be accompanied by a copy of the product specification showing the proposed temporary amendments,

(c) compare for each amendment:

(i) the original product specification against the proposed amended product specification, and

(ii) where relevant, the original single document against the proposed amended single document,

(d) provide an explanation of why the temporary amendment is needed, and

(e) provide an estimate, where this is possible, of how long it is anticipated that the temporary amendment will be needed for.

1f.   A temporary amendments application that does not comply with paragraph 1e is inadmissible.

1g.   Where a temporary amendments application is inadmissible, the Secretary of State must inform the applicant that the application is inadmissible as soon as reasonably practicable after receiving the application.

1h.   The Secretary of State may approve a temporary amendments application if the Secretary of State considers that a temporary amendment to the product specification is appropriate.

1i.   Where a temporary amendments application is approved, the Secretary of State must specify the period during which the temporary amendments are to apply.

1j.   The period during which any approved temporary amendments are to apply may be specified by reference to a set period of time or may be specified by reference to the happening of a specified event.

1k.   The Secretary of State, in deciding the period for which any approved temporary amendments are to apply, must take into account the conditions prevailing at the time the decision to approve the application is taken and the period for which the Secretary of State anticipates that those conditions will continue.

1l.   The Secretary of State may, on an application by a group of producers or single applicant who made a temporary amendments application under paragraph 1a, as read with paragraph 1c, extend the period during which any relevant approved temporary amendments are to apply on one or more occasions if the Secretary of State considers that it is appropriate to do so having regard to the conditions prevailing at the time that decision is made.

1m.   After making a decision on a temporary amendments application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:

(a) a notice informing the applicant and the public of the decision made in relation to the application, and

(b) where the application is approved, details of the temporary amendments made to the product specification and the period during which those temporary amendments are to apply.

1n.   Where a temporary amendments application is approved and the period during which the temporary amendments are to apply is extended, the Secretary of State must, on each occasion the period is extended, publish in such manner as appears appropriate to the Secretary of State a notice informing the applicant and the public that the period has been extended and specifying the extended period during which the temporary amendments are to apply.”;

(b) in paragraph 2—

(i) in the first sentence—

(aa) for “more than one Member State” substitute “ areas in the United Kingdom and a third country, or areas in more than one third country ”;

(bb) for “Member States concerned” substitute “ United Kingdom and the third country, or in the respective third countries concerned, ”;

(ii) in the third sentence—

(aa) for “The Member State last” substitute “ In the case of a temporary amendment covering an area in a third country, the competent authority in that country ”;

(bb) for “Commission” substitute “ Secretary of State ”;

(iii) omit the fourth sentence;

(c) in paragraph 3, for “Commission” substitute “ Secretary of State ”;

(d) in paragraph 5—

(i) in the first sentence—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for the words from “date” to the end substitute “ relevant date ”;

(ii) in the second sentence—

(aa) for “Union” substitute “ United Kingdom ”;

(bb) for “Commission” substitute “ Secretary of State ”;

(e) after paragraph 5 insert—

“6.   In paragraph 5, ‘relevant date’ means:

(a) in respect of a temporary amendments application referred to in paragraph 1a, the date of the approving decision of the Secretary of State referred to in paragraph 1h;

(b) in a case where paragraph 2 applies:

(i) in a case where the temporary amendments concern products originating in the United Kingdom and a third country, the date of the approving decision of the Secretary of State in respect of the temporary amendments application, or the date of the third country communication referred to in paragraph 2, whichever is later;

(ii) in a case where the temporary amendments concern products originating in more than one third country, the date of the last communication of a national decision of approval of the amendments referred to in paragraph 2;

(c) in a case where paragraph 3 applies, the date on which the communication referred to in that paragraph is received.”.

(20) In Article 19—

(a) in the first paragraph, for “96” substitute “ 97 ”;

(b) in the second paragraph—

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for the words from “the Official” to the end substitute “ such manner as appears appropriate to the Secretary of State from time to time ”.

(21) In Article 21(2)—

(a) for “Commission” substitute “ Secretary of State ”;

(b) for “it” substitute “ the Secretary of State ”;

(c) omit “Member State or”.

(22) In Article 22—

(a) in the heading omit “Temporary”;

(b) omit the first paragraph;

(c) in the second paragraph omit “Union” in each place it occurs;

(d) omit the third paragraph.

(23) In Article 31—

(a) in paragraph 1—

(i) in the first subparagraph, in the first sentence—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(ii) in the second subparagraph—

(aa) for “its” substitute “the Secretary of State's”;

(bb) for “Commission” substitute “ Secretary of State ”;

(b) in paragraph 2, for “Commission” substitute “ Secretary of State ”;

(c) in paragraph 3—

(i) in the first sentence—

(aa) for “Commission” substitute “ Secretary of State ”;

(bb) for “it” substitute “ the Secretary of State ”;

(ii) in the second sentence, for “Commission” substitute “ Secretary of State ”;

(iii) omit the third sentence;

(d) after paragraph 3 insert—

“3a.   After making a decision about the application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State a notice informing the applicant, any objector and the public of the decision made in relation to the application.”;

(e) in paragraph 4, in the first subparagraph, for “Commission”, in both places it occurs, substitute “ Secretary of State ”.

(24) In Article 34, after the second paragraph insert—

“All implementing acts adopted by the European Commission before exit day modifying a protected traditional term are revoked, including:

(a) implementing acts adopted by the European Commission pursuant to an application made under this Article, as it had effect before exit day, and

(b) implementing acts adopted by the European Commission pursuant to an application made under Article 42a of Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products M2 .”.

(25) In Article 35, after the second paragraph insert—

“All implementing acts adopted by the European Commission before exit day cancelling a protected traditional term are revoked, including:

(a) implementing acts adopted by the European Commission under this Article, as it had effect before exit day, and

(b) implementing acts adopted by the European Commission pursuant to a request made under Article 45 of Commission Regulation (EC) No 607/2009.”.

(26) In Chapter 3, after Section 5 insert the new Section 6 in Part 1 of Schedule 3.

(27) In Article 59—

(a) for “Commission” substitute “ Secretary of State ”;

(b) for “to 98 and Articles” substitute “ , 95, 97, 98, ”.

(28) After Annex 7 insert the new Annex 8 in Part 2 of Schedule 3.]

Editorial Information

X1 This statutory instrument 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.

Marginal Citations

M1 Relevant amending instruments, prospectively on exit day, are S.I. 2019/821, 828, .

M2 OJ No. L 193, 24.7.2009, p. 60, repealed by Commission Delegated Regulation (EU) 2019/33 (OJ No. L 9, 11.1.2019, p. 2).