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

Prospective

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

6.— (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) after the definition relating to the Article 25 Register insert—

“‘an Article 115(2) approval notice’ means a notice published under the second subparagraph of Article 115(2) of Regulation (EU) No 1308/2013 relating to a decision of the Secretary of State to approve an application to protect a traditional term;”;

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

“‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a traditional term used in the third country in the European Union;”;

(c) in the definition of “third country”, after “and” insert “, except in the definition of ‘EUIA’ in this Article and in Annex 7A,”.

(d) after the definition of “relevant legislation” insert—

“‘the relevant period’ means the period beginning on exit day and expiring at the end of the day that falls nine months after the day on which exit day falls;

‘the TMA’ means the Trade Marks Act 1994;

‘the Types Table’ means the table in Part A of Annex 7A.”;

(3) After Article 1a insert the new Article 1b in Part 1 of Schedule 4.

(4) In Article 32(3), in the first subparagraph—

(a) omit “, where national legislation so provides,”;

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

(c) for the words from “under” to the end substitute “ in, or under, the TMA ”.

(5) After Article 32 insert the new Articles 32a and 32b in Part 2 of Schedule 4.

(6) After Annex 7 insert the new Annex 7A in Part 3 of Schedule 4.]

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.