The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

Amendment of Commission Delegated Regulation (EU) 2019/33

9.—(1) Commission Delegated Regulation (EU) 2019/33(1) 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) Omit Article 5(3).

(3) Omit Article 23.

(4) Article 45 is amended in accordance with paragraphs (5) to (7).

(5) In paragraph 1—

(a) in the first subparagraph—

(i) in point (a)—

(aa) for “‘, product of (…)’ or ‘sekt of (…)’” substitute “ or ‘product of (…)’”;

(bb) for “Member State” substitute “constituent nation”;

(ii) omit points (b) and (c);

(iii) in point (d), before “third”, in both places it occurs, insert “constituent nations or”;

(iv) in point (e)—

(aa) before “third”, in the first place it occurs, insert “constituent nations or”;

(bb) before “third”, in the second and third places it occurs, insert “constituent nation or”;

(b) in the second subparagraph, for “Member State” substitute “constituent nation or third country”.

(6) In paragraph 2—

(a) in point (a), for “Member State” substitute “constituent nation in which the grapevine product was produced”;

(b) in point (b)—

(aa) for “European Union countries” substitute “constituent nations”;

(bb) for “Member States” substitute “constituent nations”;

(c) in point (c), for “Member State” substitute “same constituent nation”.

(7) For paragraph 3, substitute—

“3.   As regards the provisions laid down in paragraph 1 and 2, ‘United Kingdom’ may be used instead of constituent nation to indicate provenance.

4.   In this Article, ‘constituent nation’ means England, Northern Ireland, Scotland or Wales, as the case may be.”.

(8) In Article 46—

(a) in paragraph 1—

(i) in point (a)—

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

(bb) after “behalf” insert “, but for the purposes of paragraph 4, until (and including) 30 September 2022, the bottler may be established in the European Union”;

(ii) in point (d)—

(aa) for “Union”, in the first place it occurs, substitute “United Kingdom or, until (and including) 30 September 2022, in the European Union”;

(bb) for the words from “non-Union” to the end substitute “chargeable goods within the meaning given by section 2 of the Taxation (Cross-border Trade) Act 2018(2)”;

(iii) in point (f) omit “Member State or third”;

(b) in paragraph 2—

(i) in the first subparagraph, in point (b)—

(aa) in the words before point (i), omit “by terms, whose conditions of use are defined by Member States,”;

(bb) in point (iii), for “concerned.” substitute—

• “concerned,

by any term authorised by the appropriate authority under legislation that prescribes the conditions under which any such term may be used, provided that the term is used in accordance with any such conditions.”;

(ii) in the third subparagraph, for “Member State, the name of that State” substitute “country, the name of that country”;

(iii) in the fourth subparagraph omit the words from “, except” to the end;

(c) in paragraph 3, in the second subparagraph, for “Member States may decide to” substitute “Nothing in this Regulation prevents the appropriate authority from making legislation to”;

(d) in paragraph 4—

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

(ii) before “2” insert “1(a) and”;

(e) in paragraph 5, in the second subparagraph—

(i) for the words from “determined” to “head office” substitute “, if specified in legislation”;

(ii) for “Member State in question” substitute “country in which the bottler, producer, importer or vendor has its head office”;

(f) in paragraph 6 omit the final subparagraph.

(1)

EUR 2019/33, as amended by S.I. 2020/1637.

(2)

2018 c. 22.