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Commission Delegated Regulation (EU) 2019/33Show full title
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 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
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- Revised 11/01/20190.75 MB
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- Ch. 3 s. 6 inserted by S.I. 2019/1342 Sch. 3 Pt. 1 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Signature words omitted by S.I. 2019/759 reg. 7(30) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 1a inserted by S.I. 2019/759 reg. 7(2) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 1a words inserted by S.I. 2019/1342 reg. 13(2)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(a) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(b) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 1a words inserted by S.I. 2019/1366 reg. 6(2)(d) (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 1a words substituted by S.I. 2019/1342 reg. 13(2)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 1a words substituted in earlier amending provision S.I. 2019/759, reg. 7(a) by S.I. 2019/1342 reg. 4(5)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 1a words substituted in earlier amending provision S.I. 2019/759, reg. 7(a) by S.I. 2019/1342 reg. 4(5)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 1b inserted by S.I. 2019/1366 Sch. 4 Pt. 1 (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 5(1)(c) word omitted by S.I. 2019/759 reg. 7(4) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Annex 8 inserted by S.I. 2019/1342 Sch. 3 Pt. 2 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 11(1)(a) words substituted by S.I. 2019/1342 reg. 13(4)(a)(i)(aa) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 11(1)(c)(i) words substituted by S.I. 2019/1342 reg. 13(4)(a)(i)(bb) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 13(1)(b) words inserted by S.I. 2019/778 reg. 6(2)(a)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 5)
- Art. 13(2)(a) words substituted by S.I. 2019/778 reg. 6(2)(b)(ii) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 5)
- Art. 13(5)-(7) inserted by S.I. 2019/1342 reg. 13(6)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 14 para. 2b(b) words substituted by S.I. 2023/424 Sch. para. 81
- Art. 14(3) inserted by S.I. 2019/1342 reg. 13(7)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 17(9)(10) inserted by S.I. 2019/1342 reg. 13(18) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 18(1)-(1n) substituted for Art. 18(1) by S.I. 2019/1342 reg. 13(19)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 18(6) inserted by S.I. 2019/1342 reg. 13(19)(e) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 26(2a) inserted by S.I. 2019/759 reg. 7(11)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 27(1)(b)(i) words omitted by S.I. 2019/759 reg. 7(12)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 27(1)(b)(ii) words omitted by S.I. 2019/759 reg. 7(12)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 27(1)(d) words substituted by S.I. 2019/759 reg. 7(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 27(2)(a) words omitted by S.I. 2019/759 reg. 7(12)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 30(1)(a) words omitted by S.I. 2019/759 reg. 7(15)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 30(1)(b) words substituted by S.I. 2019/759 reg. 7(15)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 31(3a) inserted by S.I. 2019/1342 reg. 13(23)(d) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Art. 32(1)(a) words substituted by S.I. 2019/759 reg. 7(16)(a) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 32a 32b inserted by S.I. 2019/1366 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. S.I. 2020/1366 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.)
- Art. 37(1)(a) words substituted by S.I. 2019/759 reg. 7(18)(a) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 46(1)(a) words omitted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(ii)
- Art. 46(1)(d) omitted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(iii)
- Art. 46(1)(f) words substituted by S.I. 2023/1362 Sch. 2 para. 5(2)(b)(iv)
- Art. 50(1)(b) words omitted by S.I. 2019/759 reg. 7(22)(a)(ii)(aa) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 50(1)(b) words substituted by S.I. 2019/759 reg. 7(22)(a)(ii)(bb) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 50(1b) inserted by S.I. 2023/394 reg. 3(3)
- Art. 51(a) words substituted by S.I. 2019/759 reg. 7(23)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 51(1) words omitted by S.I. 2023/1362 Sch. 2 para. 5(5)
- Art. 52(5) inserted by S.I. 2019/759 reg. 7(24)(b) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
- Art. 53(7)(8) inserted by S.S.I. 2024/11 reg. 2
- Art. 53(7)(8) inserted by S.I. 2024/115 reg. 2
- Art. 53(7)(8) inserted by S.I. 2024/83 reg. 2
- Art. 57(1)(a) revoked by S.I. 2023/1362 Sch. 1
- Art. 57(1)(b) revoked by S.I. 2023/1362 Sch. 1
- Art. 58(4)(5) substituted for Art. 58(4) by S.I. 2019/759 reg. 7(28)(e) (This amendment not applied to legislation.gov.uk. Regs. 6-8 omitted immediately before IP completion day by virtue of S.I. 2020/1637, regs. 1(6), 4)
SECTION 2 U.K. Objection procedure
Article 29U.K.Submission of an objection
The date of submission of an objection shall be the date on which the objection is received by the [F1Secretary of State].
Textual Amendments
F1Words in Art. 29 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(27)
Article 30U.K.Admissibility and grounds of objection
1.A substantiated objection shall be admissible where:
(a)it is submitted by any F2... third country, or any natural or legal person having a legitimate interest;
(b)it is received by the [F3Secretary of State] within the deadline provided for in Article 22(1) of Implementing Regulation (EU) 2019/34;
(c)it demonstrates that the application for protection is incompatible with the rules on traditional terms because it does not comply with Article 27 of this Regulation or because the registration of the name proposed would conflict with Article 32 or 33 of this Regulation.
2.An objection that is deemed admissible shall be notified to the [F4applicant, or, in the case of an application submitted by a third country authority, that authority].
Textual Amendments
F2Words in Art. 30(1)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(a)(i)
F3Words in Art. 30(1)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(a)(ii)
F4Words in Art. 30(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(b)
Article 31U.K.Scrutiny of an objection
1.Where the [F5Secretary of State] does not reject the objection in accordance with Article 23(3) of Implementing Regulation (EU) 2019/34, [F6the Secretary of State] shall communicate the objection to the applicant that submitted the application and shall invite the applicant to file observations within the time period referred to in Article 24(1) of Implementing Regulation (EU) 2019/34. Any observations received within this period shall be communicated to the objector.
In the course of [F7the Secretary of State's] scrutiny of an objection, the [F8Secretary of State] shall request the parties to provide comments, if appropriate, within the time period referred to in Article 24(2) of Implementing Regulation (EU) 2019/34, on the communications received from the other parties.
2.Where the applicant or the objector do not file any observations in response, or where the time periods for filing observations and for submitting comments referred to in Article 24 of Implementing Regulation (EU) 2019/34 are not respected, the [F9Secretary of State] shall proceed to rule on the objection.
3.A decision to reject or recognise the traditional term in question shall be taken by the [F10Secretary of State] on the basis of the evidence available to [F11the Secretary of State]. The [F10Secretary of State] shall consider whether the conditions referred to or laid down in Articles 27, 32 or 33 of this Regulation are fulfilled. F12...
3a.[F13After making a decision about the application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State a notice:
(a)informing the applicant, any objector and the public of the decision made in relation to the application and the reasons for that decision, and
(b)providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made.]
4.Where multiple objections are lodged, a preliminary examination of one or more such objections may prevent an application for protection from proceeding. In these circumstances, the [F14Secretary of State] may suspend the other objection procedures. The [F14Secretary of State] shall inform the other objectors of any decision affecting them which was taken in the course of the procedure.
Where an application is rejected, objection procedures which have been suspended shall be deemed to be closed and the objectors concerned shall be duly informed.
Textual Amendments
F5Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(i)(aa)
F6Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(i)(bb)
F7Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(ii)(aa)
F8Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(ii)(bb)
F9Words in Art. 31(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(b)
F10Words in Art. 31(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(i)
F11Words in Art. 31(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(ii)
F12Words in Art. 31(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(iii)
F13Art. 31(3a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(d)
F14Words in Art. 31(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(e)
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