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

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

7.—(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—

(a) after point (7) insert—

“(7a) ‘an Article 30(4) approval notice’ means a notice published under Article 30(4) relating to a decision of the Secretary of State to approve an application for a geographical indication;

(7b) ‘enters into force’, in relation to a reference to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;

(7c) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a geographical indication of the third country in the European Union;”;

(b) in point (12)(1), after “and” insert “, except in the definition of ‘EUIA’ in point (7c) and in Annex 1A,”;

(c) after point (12) insert—

“(12a) ‘the TMA’ means the Trade Marks Act 1994;

(12b) ‘the Types Table’ means the table in Part 1 of Annex 1A; ”.

(3) After Article 3 insert the new Article 4 in Part 1 of Schedule 5.

(4) In Article 36(2)—

(a) omit the words from “if” to “concerned,”;

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

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

(d) for the words from “under” to the end substitute “in, or under, the TMA”.

(5) After Article 36 insert the new Articles 36a and 36b in Part 2 of Schedule 5.

(6) After Annex 1 insert the new Annex 1A in Part 3 of Schedule 5.

(1)

Point (12) of Article 3 of Regulation (EU) 2019/787 of the European Parliament and of the Council was inserted in that Article, as it stood on exit day, by regulation 15(2) of S.I. 2019/ . Point (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 point was in force (but did not apply) immediately before exit day, does not form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) because it was not operative immediately before exit day.