The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020

Amendment of Regulation (EU) No 1308/2013 of the European Parliament and of the Council U.K.

3.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M1 is amended as follows.

(2) In Article 92(2)—

(a) in point (b), for “internal market” substitute “ market in Great Britain ”;

(b) in point (c), for “national quality policy measures” substitute “ quality policy measures to be implemented in England, and, to the extent to which those measures are within devolved competence, in Wales and Scotland ”.

(3) In Article 95, after paragraph 1 insert—

“1A.   An application to protect a designation of origin or a geographical indication for a wine produced in the United Kingdom must be submitted to the Secretary of State.”.

(4) In Article 97, for paragraphs 3 and 4 substitute—

“3.   Where the Secretary of State considers that the conditions laid down in this Subsection are met, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) in respect of the application concerned and the product specification referred to in Article 94(2).

4.   Where the Secretary of State considers that the conditions laid down in this Subsection are not met, the Secretary of State must reject the application and:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.”.

(5) After Article 97 insert—

“Article 97a U.K. Applications pending on IP completion day

1.   A pending application made before IP completion day under Regulation (EU) No 1308/2013 as it had effect before IP completion day is deemed to be an application made under Article 94 of this Regulation for which scrutiny under Article 97 of this Regulation has not been commenced.

2.   Unless requested in writing not to do so by the person who submitted the application under Regulation (EU) No 1308/2013, the Secretary of State must scrutinise a pending application under Article 97 of this Regulation.

3.   But the Secretary of State may decide not to scrutinise a pending application under paragraph 2 in a case where the pending application is an application that has been sent to the European Commission for scrutiny under Article 97 of Regulation (EU) No 1308/2013 before IP completion day.

4.   The six month period specified in Article 10 of Regulation (EU) No 2019/33 begins with the day on which IP completion day falls.

5.   Where a request of the type specified in paragraph 2 is made in relation to a pending application by an applicant referred to in that paragraph, the pending application is to be treated as having been withdrawn.

6.   In this Article ‘pending application’ means an application submitted to the Secretary of State under Article 96 of Regulation (EU) No 1308/2013 as it has effect in EU law—

(a) for protection of a name as a designation of origin or geographical indication;

(b) for which the European Commission has not adopted an implementing act under Article 99 of Regulation (EU) 1308/2013 before IP completion day.”;

(6) For Article 99 substitute—

“Article 99 U.K. Decision on protection

1.   On the basis of the information available to the Secretary of State upon completion of the objection procedure referred to in Article 98, the Secretary of State must decide to:

(a) reject the application if the Secretary of State considers that the conditions laid down in this Subsection are not met; or

(b) approve the application and update the register provided for in Article 104 accordingly.

2.   Where the Secretary of State decides to reject an application under point (a) of the first paragraph, the Secretary of State must:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision;

(b) provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.

3.   Where the Secretary of State decides to approve an application under point (b) of paragraph 1, the Secretary of State must:

(a) inform such parties as the Secretary of State considers to have an interest in the decision of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c) publish the decision and the reasons.”.

(7) In Article 101(1)—

(a) in the first subparagraph, after “protected” insert “ in Great Britain ”;

(b) at the end of the second subparagraph, insert “ in the United Kingdom ”.

(8) In Article 104, at the end insert—

“and unless the Secretary of State, when making an entry, specifies a later date on the register as the date the entry is to take effect, the entry 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 next day following the day on which IP completion day falls and the entry is on the register as established during that period, on IP completion day;

(b) in any other case, immediately the entry is made”.

(9) For Article 106 substitute—

“Article 106 U.K. Cancellation

Either on the Secretary of State's own initiative or following a request, the Secretary of State may decide, in accordance with Commission Delegated Regulation (EU) 2019/33 and Commission Implementing Regulation (EU) 2019/34, to cancel the protection of a designation of origin or a geographical indication where the Secretary of State considers that compliance with the corresponding product specification is no longer ensured.

Where the Secretary of State makes a decision to cancel under the first paragraph (either following a request or on the Secretary of State's own initiative) or to decline to cancel under the first paragraph (following a request), the Secretary of State must:

(a) inform any interested party of the decision and the reasons for that decision;

(b) provide information to such parties as the Secretary of State considers to have an interest in the decision of the right to appeal against the decision and the time period within which an appeal may be made;

(c) publish the decision and the reasons; and

(d) update the register provided for in Article 104 accordingly.”.

(10) In Article 109—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(c) in paragraph 3—

(i) in the words before point (a), for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(ii) in point (b), for “Commission” substitute “ Secretary of State ”;

(iii) at the end of point (f), for the full stop substitute a semi-colon;

(iv) after point (f) insert—

“(g) rights to appeal any decision made:

(i) under Article 99 to reject or approve an application for the protection of a designation of origin or of a geographical indication;

(ii) to reject or approve an application submitted under Article 105 to amend the product specification of a protected designation of origin or of a protected geographical indication;

(iii) under Article 106, either to reject or approve an application to cancel a protected designation of origin or a protected geographical indication, or to cancel such protection on the Secretary of State's own initiative,

including the parties who may bring an appeal, the grounds and form of appeal, the appeals procedure, and the identity and powers of the appeal body.”;

(d) in paragraph 4, for the words from “Commission” to “on” substitute “ Secretary of State may make regulations about ”;

(e) in paragraph 5—

(i) after “granted protection” insert “ under Regulation (EU) No 1308/2013 ”;

(ii) after “application for protection has been made” in both places it occurs, insert “ under Regulation (EU) No 1308/2013 ”;

(iii) for “1 August 2009”, in both places it occurs, substitute “ IP completion day ”;

(iv) for “that date”, in both places it occurs, substitute “ IP completion day ”;

(v) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations for securing, as far as practicable, uninterrupted protection equivalent to that provided by Regulation (EU) No 1308/2013 immediately before IP completion day, and in particular ”;

(vi) omit “by Member States”.

(11) In Article 110—

(a) for the heading substitute— “ Article 110 Other delegated powers ”;

(b) in paragraph 1—

(i) for the words from “Commission” to “acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the last sentence;

(c) in paragraph 2—

(i) for the words from “Commission” to “acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the last sentence.

(12) Omit Article 111.

(13) In Article 114—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(ii) in point (g), for “Commission” substitute “ Secretary of State ”;

(iii) at the end of point (g), for the full stop substitute a semi-colon;

(iv) after point (g), insert—

“(h) the circumstances in which an interested party may appeal any decision to:

(i) reject or approve an application for the protection of a traditional term;

(ii) reject or approve an application for the modification of the protection of a traditional term;

(iii) either reject or approve an application for the cancellation of the protection of a traditional term, or to cancel such protection on the Secretary of State's own initiative.”;

(c) in paragraph 3—

(i) for “the Union” substitute “ Great Britain ”;

(ii) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”.

(14) In Article 115—

(a) for the heading substitute— “ Article 115 Other delegated powers ”;

(b) in paragraph 1, for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(c) for paragraph 2 substitute—

“2.   The Secretary of State may:

(a) approve or reject an application for protection of a traditional term;

(b) approve or reject an application for modification of a protected traditional term;

(c) approve or reject an application to cancel the protection of a traditional term;

(d) cancel the protection of a traditional term on the Secretary of State's own initiative.

2A.   Where the Secretary of State makes a decision under paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time, a notice—

(a) informing the applicant and the public of the decision made in relation to the application and the reasons for that decision; and

(b) providing information about the right to appeal against the decision and the period within which an appeal may be made.”;

(d) in paragraph 3, for the words “Commission shall adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(e) omit paragraph 4.

(15) Omit Article 116.

(16) In Article 119(3), for point (b) substitute—

“(b) in exceptional and duly justified circumstances specified in regulations made by the Secretary of State in order to ensure compliance with existing labelling practices.”.

(17) In Article 191—

(a) for the first paragraph substitute—

“The Secretary of State may, pursuant to international obligations, make regulations setting out derogations from point 5 of Section B or from Section C of Part 2 of Annex VIII for products imported into Great Britain.”;

(b) in the second paragraph, omit “of the Member State of release into free circulation”;

(c) in the third paragraph—

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the last sentence.

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day, see reg. 1(3)

Marginal Citations

M1 EUR 2013/1308. Other prospective amendments are made by S.I. 2019/821, 828, 831, 1402 and 1422. In particular, S.I. 2019/821 amends Article 101 and Article 104 and S.I. 2019/828 inserts Articles 99a and 99b.