The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019

Commission Implementing Regulation (EU) 2019/34

14.—(1) Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of 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, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks(1) is amended as follows.

(2) In Article 7(2)—

(a) for “Member State” substitute “applicant”;

(b) omit the words from “or the” to “question,”;

(c) for “Commission” substitute “Secretary of State”.

(3) In Chapter 2, in Section 6, in the heading omit “Union”.

(4) In Article 14—

(a) in the heading omit “Union”;

(b) omit “Union”;

(c) for the words from “reproduced” to the end substitute “the symbol for a protected designation of origin or protected geographical indication, as relevant, established pursuant to Article 12(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs(2), as read with Article 12(7) of that Regulation”.

(5) In Article 15—

(a) omit paragraph 6;

(b) insert as paragraph 7—

“7.   In this Article, in relation to the United Kingdom, ‘the responsible competent authorities’ means the competent authority specified in regulation 4(1) of the Wine Regulations 2011, as read with paragraph (3) of that regulation in relation to Scotland.”.

(6) Omit Article 16.

(7) In Article 25, after paragraph 2 insert—

“3.   A traditional term to which paragraph 4 applies may be entered on the United Kingdom’s Traditional Terms Register where the condition in paragraph 5 is satisfied.

4.   This paragraph applies to a traditional term used in a third country that must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’).

5.   The condition is that the traditional term is a traditional term that was protected in the European Union immediately before exit day pursuant to an international agreement to which the European Union and the third country were contracting parties.

6.   The same protection is to be afforded to a traditional term entered in the United Kingdom’s Traditional Terms Register pursuant to paragraph 3 as a traditional term included on the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33.

7.   In relation to the protection of a traditional term entered on the United Kingdom’s Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term:

(a) insofar as relevant, the conditions laid down in the law of the third country relating to the use of the traditional term, and

(b) any conditions laid down in the UK-third country agreement relating to the use of the traditional term.

8.   Unless the Secretary of State, when making an entry, specifies a date in the United Kingdom’s Traditional Terms 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 entry is on the register as established by the Secretary of State on exit day, on exit day;

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

9.   In this Article ‘the United Kingdom’s Traditional Terms Register’ means the register referred to in paragraph 1.”.

(8) In Annex 3—

(a) for the sections headed “1. Name of product” and “2. Official reference” substitute—

“1.    Name of product

[as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013]

2.    Official reference

[as given by the Secretary of State in relation to the application when publishing the single document under Article 97(3) of Regulation (EU) No 1308/2013]

Reference number:

Date of publication under Article 97(3) of Regulation (EU) No 1308/2013:”;

(b) in the section headed “3. Name of the objector (Person, body, Member State or Third Country)”, in the heading omit “, Member State”.

(1)

It is prospectively amended on exit day by S.I. 2019/759.

(2)

It is prospectively amended on exit day by S.I. 2019/865.