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

Regulation (EU) 2019/787 of the European Parliament and of the Council

15.—(1) Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages is amended as follows.

(2) In Article 3, after point (7)(1) insert—

“(8) ‘EU Regulation 110/2008’ means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks(2) as it had effect before exit day;

(9) ‘EU Regulation 2019/787’ means Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages(3) as it had effect before exit day;

(10) ‘EUWA’ means the European Union (Withdrawal) Act 2018;

(11) ‘FTT’ means the First-tier Tribunal;

(12) ‘third country’ means a country, other than the United Kingdom, and includes:

(a) the Bailiwick of Guernsey;

(b) the Bailiwick of Jersey;

(c) the Isle of Man;

(13) ‘United Kingdom established geographical indications’ means the following geographical indications:

(a) Irish Cream, as covered by the entry in category 32 (liqueur) of Annex 3 to EU Regulation 110/2008 and as read with footnote (5) of that Annex;

(b) Irish Poteen/Irish Poitín, as covered by the entry in the section in Annex 3 to EU Regulation 110/2008 relating to other spirit drinks and as read with footnote (6) of that Annex;

(c) Irish Whiskey/Irish Whisky/Uisce Beatha Eireannach, as covered by the entry in category 2 (whisky/whiskey) of Annex 3 to EU Regulation 110/2008 and as read with footnote (1) of that Annex;

(d) Scotch Whisky, as covered by the entry in category 2 (whisky/whiskey) of Annex 3 to EU Regulation 110/2008;

(e) Somerset Cider Brandy, as covered by the entry in category 10 (cider spirit and perry spirit) of Annex 3 to EU Regulation 110/2008;

(14) ‘the United Kingdom’s GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1).”.

(3) In Article 16—

(a) in the heading omit “Union”;

(b) omit “Union”.

(4) For Article 20 substitute—

“Article 20 Power to make regulations: symbol

The Secretary of State may, by regulations, make rules on the use of the symbol referred to in Article 16 in the description, presentation and labelling of spirit drinks.”.

(5) In Article 21—

(a) in paragraph 3, for “Union” substitute “United Kingdom”;

(b) in paragraph 4, for “customs territory of the Union” substitute “United Kingdom”.

(6) In Article 22—

(a) in paragraph 1, in the second subparagraph omit the words from “, taking” to the end;

(b) in paragraph 2, after “110/2008” insert “as it had effect in the United Kingdom before that day”.

(7) In Article 23—

(a) in paragraph 1, in the second subparagraph, for “the publication reference” substitute “a copy”;

(b) in paragraph 2—

(i) omit point (c);

(ii) in point (d), for “the publication reference” substitute “a copy”.

(8) Article 24 is amended in accordance with paragraphs (9) to (12).

(9) In paragraph 2, in the first sentence, for “a Member State may” substitute “the Secretary of State may, on application,”.

(10) In paragraph 4—

(a) in the first subparagraph, for “different Member States or third countries” substitute “the United Kingdom and the third country concerned, or from the different third countries concerned, as relevant,”;

(b) in the second subparagraph—

(i) in the first sentence—

(aa) for “Commission by a Member State concerned” substitute “Secretary of State by an applicant group in the United Kingdom, where relevant”;

(bb) for “authorities and” substitute “third country authorities and all the”;

(ii) omit the second sentence;

(iii) in the last sentence, for “Member States and” substitute “the”.

(11) For paragraph 8 substitute—

“8.   The application must be submitted to the Secretary of State.

8a.   In the case of an application relating to a geographical area in a third country, the application may be submitted directly by the applicant group or via the authorities of the third country concerned.”.

(12) In paragraph 9, for “Commission” substitute “Secretary of State”.

(13) Omit Article 25.

(14) Article 26 is amended in accordance with paragraphs (15) to (17).

(15) In the heading, for “Commission” substitute “Secretary of State”.

(16) In paragraph 1—

(a) in the first subparagraph—

(i) in the first sentence—

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

(bb) for “it”, in the first place it occurs, substitute “the Secretary of State”;

(cc) for “outside the Member State of application” substitute “both inside and outside of the United Kingdom”;

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

(b) in the second subparagraph—

(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 omit “Member State or third”;

(iii) after the second sentence insert—

“In a case where an application is submitted that relates to an area in the United Kingdom and a third country, or an area in more than one third country, this must be stated on the list.”.

(17) In paragraph 2—

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

(b) for the words from “it shall publish” to the end substitute “the Secretary of State must publish the product specification referred to in Article 23(1)(b) and the single document referred to in Article 23(1)(c) in such manner as appears appropriate to the Secretary of State”.

(18) In Article 27—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for the words from “of publication” to “in a third country” substitute “on which the product specification and single document are published in accordance with Article 26(2), a natural or legal person having a legitimate interest (whether established in the United Kingdom or a third country), or the authorities of a third country,”;

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

(ii) omit the second subparagraph;

(iii) in the last subparagraph—

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

(bb) for “authority or body” substitute “applicant or authority”;

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

(c) in paragraph 3—

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

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

(bb) for “authority or body” substitute “applicant or authority”;

(ii) in the second subparagraph—

(aa) in the first sentence, for “authority or body” substitute “applicant or authority”;

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

(iii) in the third subparagraph—

(aa) for “authorities of the Member State or” substitute “applicant group that submitted the application or the authorities”;

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

(cc) omit “of a Member State or”;

(iv) in the fourth and fifth subparagraphs, for “Commission” substitute “Secretary of State”;

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

(e) in paragraph 5, for “Commission” substitute “Secretary of State”.

(19) In Article 28—

(a) in paragraph 1, in the words before point (a), for “Commission” substitute “Secretary of State”;

(b) in paragraph 2, for “Union” substitute “United Kingdom”.

(20) In Article 29—

(a) in paragraph 1—

(i) in the first subparagraph, in the words before point (a)—

(aa) for “Commission may adopt implementing acts granting” substitute “Secretary of State may, by regulations, grant”;

(bb) for the words from “spirit” to “country” substitute “a spirit drink, wherever it originates from”;

(cc) for “they were marketed” substitute “it was marketed in the United Kingdom”;

(dd) omit “Article 24(6) or”;

(ii) omit the second subparagraph;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) in the words before point (a), for “Commission may adopt implementing acts extending” substitute “Secretary of State may, by regulations, extend”;

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

(ii) omit the second subparagraph.

(21) In Article 30—

(a) in paragraph 1—

(i) in the first sentence—

(aa) for “Commission”, in both places it occurs, substitute “Secretary of State”;

(bb) for “it”, in the first place it occurs, substitute “the Secretary of State”;

(cc) for “Member State or third country applicant” substitute “applicant or the authorities of the third country”;

(dd) for “it”, in the second place it occurs, substitute “the applicant or the authorities, as applicable,”;

(ii) in the second sentence—

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

(bb) for “it”, in the first place it occurs, substitute “the Secretary of State”;

(cc) for “it shall, by means of implementing acts,” substitute “the Secretary of State must”;

(iii) omit the last sentence;

(b) in paragraph 2—

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

(ii) for the words from “it” to “47(2), to” substitute “the Secretary of State must”;

(iii) at the end insert “in the United Kingdom’s GIs Register”;

(c) in paragraph 3—

(i) in the words before point (a)—

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

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

(ii) in point (a), for the words from “by” to “47(2),” substitute “in the United Kingdom’s GIs Register”;

(iii) in point (b), for the words from “adopt” to the end substitute “decide whether to register the name, and, if the Secretary of State then decides to do so, register the name in the United Kingdom’s GIs Register”;

(iv) for paragraph 4 substitute—

“4.   After making a decision under this Article, 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, a copy of the approved product specification.”;

(d) after the substituted paragraph 4 insert—

“5.   Any entry for a geographical indication added to the United Kingdom’s GIs Register by the Secretary of State pursuant to this Article grants the protection for the geographical indication referred to in Article 21 with that protection taking effect immediately after the expiry of the period of 20 days beginning with the day on which that entry is made.

6.   An implementing act to which paragraph 7 applies is revoked.

7.   This paragraph applies to an implementing act that was adopted by the European Commission under Article 30 of EU Regulation 2019/787 and incorporated into domestic law by section 3 of the EUWA.”.

(22) In Article 31—

(a) in paragraph 2—

(i) in the words before point (a)—

(aa) for “two” substitute “three”;

(bb) at the end insert “and the geographical area the geographical indication affected by the amendment relates to”;

(ii) for point (a) substitute—

“(a) amendments that are not standard amendments (‘non-standard amendments’);”;

(iii) after the substituted point (a) insert—

“(aa) amendments that are standard amendments (other than standard amendments to be dealt with at third country level);”;

(iv) in point (b) omit “Member State or”;

(b) in paragraph 3, in the words before point (a), for “Union” substitute “non-standard amendment”;

(c) in paragraph 4—

(i) in the first sentence—

(aa) for “Union” substitute “Non-standard”;

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

(ii) in the third sentence, for “Union” substitute “non-standard”;

(d) after paragraph 4 insert—

“4a.   Amendments that are standard amendments (other than standard amendments to be dealt with at third country level) must be approved by the Secretary of State. The approval procedure must follow, mutatis mutandis, the procedure laid down in Articles 24, 26 and 30. The opposition procedure in Article 27 does not apply.”;

(e) in paragraph 5—

(i) omit the first sentence;

(ii) in the second sentence, for “As regards third countries, amendments” substitute “Standard amendments to be dealt with at third country level”;

(f) after paragraph 6 insert—

“7.   After making a decision under this Article, 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, a copy of the amended product specification.

8.   Any amendment made to the United Kingdom’s GIs Register by the Secretary of State pursuant to this Article takes effect immediately after the expiry of the period of 20 days beginning with the day on which that amendment is made.

9.   An implementing act to which paragraph 10 applies is revoked.

10.   This paragraph applies to an implementing act relating to the amendment of a product specification that was adopted by the European Commission pursuant to Article 31 of EU Regulation 2019/787 and incorporated into domestic law by section 3 of the EUWA.”.

(23) In Article 32—

(a) in paragraph 1, in the first subparagraph, in the words before point (a)—

(i) for “Commission may, on its” substitute “Secretary of State may, on the Secretary of State’s”;

(ii) omit “adopt implementing acts to”;

(b) in paragraph 2—

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

(ii) for “adopt implementing acts cancelling” substitute “cancel”;

(c) in paragraph 3—

(i) for the words from “adopting” to “unless” substitute “taking a decision to cancel a geographical indication, the Secretary of State must consult the original applicant. In the case of a geographical indication relating to an area in a third country, the Secretary of State must, where possible, consult the third country applicant who originally applied for the registration of the geographical indication or, where this is not possible, the authorities of the relevant third country. The provisions of this paragraph do not apply if”;

(ii) for “those original applicants” substitute “the original applicant”;

(d) omit paragraph 4;

(e) insert as paragraphs 5 to 7—

“5.   The removal of a geographical indication from the United Kingdom’s GIs Register by the Secretary of State pursuant to a decision to cancel the registration taken under this Article takes effect immediately after the expiry of the period of 20 days beginning with the day on which the entry is removed.

6.   An implementing act to which paragraph 7 applies is revoked.

7.   This paragraph applies to an implementing act that was adopted by the European Commission under Article 32 of EU Regulation 2019/787 and incorporated into domestic law by section 3 of the EUWA.”.

(24) In Article 33—

(a) in paragraph 1, for the words from “Commission” to “establishing” substitute “Secretary of State must establish and maintain”;

(b) after paragraph 1 insert—

“1a.   In relation to each geographical indication added to the register, the register must at least contain the following information:

(a) the registered name (or names) of the geographical indication,

(b) an indication of the country or countries of origin,

(c) where the geographical indication is added to the register pursuant to an application submitted to the Secretary of State under Article 24, the date on which the application was submitted to the Secretary of State, and

(d) the date on which the geographical indication is added to the register.”;

(c) in paragraph 2—

(i) in the second subparagraph, for the words from “provide” to the end substitute “contain a copy of the single document and product specification for each geographical indication”;

(ii) for the third subparagraph substitute—

“For United Kingdom established geographical indications, the register, as established, must contain a copy of the technical file for the geographical indication as it stood immediately before exit day.”;

(iii) in the fourth subparagraph, for the words from “Commission” to “by” substitute “Secretary of State may make regulations”;

(d) in paragraph 3—

(i) for “Union”, in both places it occurs, substitute “United Kingdom”;

(ii) at the end insert—

“Unless the Secretary of State, when making an entry, specifies a date in 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 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.”.

(25) In Article 35—

(a) in paragraph 1, in the second subparagraph—

(i) in point (a), for “Union” substitute “United Kingdom”;

(ii) for point (b) substitute—

“(b) any relevant retained EU law or relevant enactment.”;

(b) after paragraph 3 insert—

“4.   In this Article, ‘enactment’:

(a) includes an enactment of the type specified in paragraphs (a) to (f) of the definition of ‘enactment’ in section 20(1) of the EUWA;

(b) but does not include an enactment of the type specified in paragraph (g) of the definition of ‘enactment’ in section 20(1) of the EUWA.”.

(26) In Article 37—

(a) renumber the existing paragraph as paragraph 1;

(b) in paragraph 1 (as renumbered)—

(i) in the first sentence, for the words from the beginning to “that Regulation” substitute “United Kingdom established geographical indications”;

(ii) in the second sentence—

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

(bb) at the end insert “and the registration takes effect on and from exit day”;

(c) after paragraph 1 (as renumbered) insert—

“2.   The product specification relating to the geographical indication ‘Somerset Cider Brandy’ is deemed to include a requirement that the use of that geographical indication must be accompanied by the sales denomination ‘cider spirit’. When adding the entry relating to Somerset Cider Brandy to the register, the Secretary of State must include a note on the register to this effect.”.

(27) In Article 38—

(a) in paragraph 1, for “Member States” substitute “The Secretary of State”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) in the words before point (a), for “Union” substitute “United Kingdom”;

(bb) for point (a) and the “or” following it substitute—

“(a) the Commissioners for Her Majesty’s Revenue and Customs(4); or”;

(ii) in the second subparagraph, for “a Member State applies Article 24(2)” substitute “Article 24(2) applies”;

(iii) omit the third subparagraph;

(c) for paragraph 4 substitute—

“4.   The Secretary of State must:

(a) publish, in such manner as appears appropriate to the Secretary of State, the names and addresses of the competent authorities and bodies referred to in paragraphs 2 and 3, and

(b) update that information in such manner as appears appropriate to the Secretary of State from time to time.”.

(28) Omit Article 39.

(29) In Article 40(2), for “Member States” substitute “The Secretary of State”.

(30) In Article 41—

(a) for the heading substitute—

“Article 41

Power to make supplementary provisions by regulations”;

(b) in paragraph 1—

(i) in the words before point (a), for the words from “Commission” to “46” substitute “Secretary of State may make regulations”;

(ii) in point (b)—

(aa) omit the words from the beginning to “24,”;

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

(c) in paragraph 2—

(i) for the words from “Commission” to “46” substitute “Secretary of State may make regulations”;

(ii) for “Union” substitute “non-standard”.

(31) In Article 42—

(a) for the heading substitute—

“Article 42

Power to make detailed rules by regulations”;

(b) in paragraph 1—

(i) in the words before point (a), for “Commission may adopt implementing acts” substitute “Secretary of State may make regulations”;

(ii) in point (c), for “Union” substitute “non-standard”;

(iii) in point (e) omit “by the Member States”;

(c) in paragraph 2, for the words from “Commission” to “acts” substitute “The Secretary of State may make regulations”;

(d) omit paragraph 3.

(32) After Chapter 3 insert the new Chapter 4 in Part 1 of Schedule 4.

(33) For Article 46 substitute—

“Article 46 Regulations

1.   Regulations made under this Regulation are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.

2.   Such regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

3.   In this Article, ‘enactments’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act,

(b) an enactment contained in an instrument made under an Act of the Scottish Parliament,

(c) an enactment contained in an instrument made under a Measure or Act of the National Assembly for Wales,

(d) an enactment contained in an instrument made under Northern Ireland legislation, and

(e) retained direct minor EU legislation.”.

(34) Omit Article 47.

(35) In Article 50—

(a) omit paragraph 4;

(b) for paragraph 6 substitute—

“6.   For the purpose of this Regulation, the technical files for United Kingdom established geographical indications are deemed to be product specifications for the purposes of this Regulation and, unless and until they are amended following an application made under Article 31, have effect, on and from exit day, as they stood immediately before exit day.”.

(36) Insert as Annex 2 the new Annex 2 in Part 2 of Schedule 4.

(1)

Points (8) to (12) of Article 3 of Regulation (EU) 2019/787 of the European Parliament and of the Council (OJ No. L 130, 17.5.2019, p. 1), as that Article stood immediately before exit day, do not form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) because those points were not operative immediately before exit day.

(2)

OJ No. L 39, 13.2.2008, p. 16, last amended by Regulation (EU) 2019/787 of the European Parliament and of the Council (OJ No. L 130, 17.5.2019, p. 1).

(3)

OJ No. L 130, 17.5.2019, p. 1.

(4)

The Commissioners for Her Majesty’s Revenue and Customs are designated by regulation 5 of the Spirit Drinks Regulations 2008 (S.I. 2019/3206 as amended by S.I. 2019/  ) as the authority responsible for carrying out the verification of products to which Article 38(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council applies.