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

Prospective

[X1 The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 U.K.

2.   In the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 M1 , in Schedule 5, after paragraph 7(1) insert—

“(1A) Paragraph 1 does not apply to an application to register a trade mark that was pending immediately before exit day referred to in—

(a) Article 14a of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs M2 ;

(b) Article 102a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M3 ;

(c) Article 19a of Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products M4 ;

(d) Article 32a of 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 M5 ;

(e) Article 36a of 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 M6 .”.]

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.

Marginal Citations

M1 S.I. 2019/269.

M2 It is prospectively amended on exit day by S.I. 2019/865 and regulation 3 of, and Schedule 1 to, these Regulations. See the definitions of “EU Regulation 1151/2012”, “established protected designation of origin” and “established protected geographical indication” in Article 3(10), (18) and (19), which are prospectively inserted on exit day by S.I. 2019/865. Article 14a is prospectively inserted on exit day by regulation 3(5) of, and Part 2 of Schedule 1 to, these Regulations.

M3 It is prospectively amended on exit day by S.I. 2019/828, and regulation 4 of, and Schedule 2 to, these Regulations; there are other amending instruments that make prospective amendments on exit day but none is relevant. Article 102a is prospectively inserted on exit day by regulation 4(6) of, and Part 2 of Schedule 2 to, these Regulations.

M4 It is prospectively amended on exit day by S.I. 2019/865 and regulation 5 of, and Schedule 3 to, these Regulations; there are other amending instruments that make prospective amendments on exit day but none is relevant. Article 19a is prospectively inserted on exit day by regulation 5(4) of, and Part 2 of Schedule 3 to, these Regulations.

M5 It is prospectively amended on exit day by S.I. 2019/759 and regulation 6 of, and Schedule 4 to, these Regulations; there are other amending instruments making prospective amendments on exit day but none is relevant. See the definition of “the Article 25 Register” in Article 1a, which is prospectively inserted on exit day by S.I. 2019/759 and amended by regulation 6(2)(a) of these Regulations on exit day to provide for a definition of the term “the United Kingdom's Traditional Terms Register”. See the definition of “third country” in Article 1a, which is prospectively inserted on exit day by S.I. 2019/759 and amended on exit day by regulation 6(2)(d) of these Regulations. Article 32a is prospectively inserted on exit day by regulation 6(5) of, and Part 2 of Schedule 4 to, these Regulations.

M6 It is prospectively amended on exit day by S.I. 2019/ and regulation 7 of, and Schedule 5 to, these Regulations. See the definitions of “EU Regulation 110/2008”, “EU Regulation 2019/787”, “third country”, “the United Kingdom established geographical indications” and “the United Kingdom's GIs Register” in Article 3, which are prospectively inserted on exit day by S.I. 2019/ . Article 36a is prospectively inserted on exit day by regulation 7(5) of, and Part 2 of Schedule 5 to, these Regulations.