The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019

Regulation (EU) No 251/2014 of the European Parliament and of the Council

9.—(1) 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 is amended as follows.

(2) In Article 1(3)—

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

(b) for “Member States” substitute “United Kingdom”.

(3) In Article 2—

(a) renumber the unnumbered paragraph as paragraph 1;

(b) in paragraph 1 as renumbered, after point (3), insert the points (new definitions) in Part 1 of Schedule 3;

(c) after paragraph 1 as renumbered insert—

“2.   In this Regulation, a reference to a competent authority is to be interpreted, as regards the United Kingdom, as a reference to:

(1) in relation to England, Northern Ireland and Wales, the Secretary of State,

(2) in relation to Scotland, the Scottish Ministers.”.

(4) In Article 5—

(a) in paragraph 1, for “Union” substitute “United Kingdom”;

(b) in paragraph 5 omit “Without prejudice to Article 26,”.

(5) In Article 7 omit “Member State or third”.

(6) Omit Article 9.

(7) In Article 10—

(a) in paragraph 2(f)—

(i) omit the words from “laid down” to “indication”;

(ii) for “Union”, in the second place it occurs, substitute “retained EU”;

(b) after paragraph 2 insert—

“3.   In paragraph 2(f), ‘applicable requirements’ means:

(a) requirements laid down in law relating to the use of the geographical indication in the country in which the relevant geographical area is located, including, where the geographical area is located in, or partly within, the United Kingdom, requirements contained in any enactment, and

(b) where they must be complied with in the country in which the relevant geographical area is located, requirements laid down by an organisation that manages the protected geographical indication.”.

(8) In Article 11(2), for “Commission” substitute “Secretary of State”.

(9) Omit Article 13.

(10) Before Article 14 insert—

“Article 13a Application for protection relating to a geographical area in the United Kingdom”;

An application for the protection of a geographical indication for an aromatised wine product originating in the United Kingdom must be submitted to the Secretary of State.”.

(11) In Article 14—

(a) in the heading, for “Commission” substitute “Secretary of State”;

(b) in paragraph 1, for “Commission” substitute “Secretary of State”;

(c) in paragraph 2—

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

(ii) for “referred to in Article 13(5)” substitute “submitted to the Secretary of State”;

(d) in paragraph 3—

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

(ii) for the words from “it shall” to the end substitute “the Secretary of State must publish the product specification referred to in Article 10(1)(c), and the single document referred to in Article 10(1)(d), in such manner as appears appropriate to the Secretary of State from time to time”;

(e) in paragraph 4—

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

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

(iii) omit the second sentence.

(12) In Article 15, in the first paragraph—

(a) for the words from “Member State or” to “protection or in” substitute “natural or legal person with a legitimate interest, or the authorities of ”;

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

(13) In Article 16—

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

(b) omit “, by means of implementing acts,”;

(c) for “Union law” substitute “retained EU law by granting the application”;

(d) omit the second sentence;

(e) after the existing paragraph insert—

“After making a decision under the first paragraph, 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.”.

(14) In Article 18(1)—

(a) in the second subparagraph, for “Union” substitute “United Kingdom”;

(b) in the third subparagraph—

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

(ii) for point (b) substitute “any relevant enactment or retained direct EU legislation”.

(15) In Article 19—

(a) in paragraph 1, in the first subparagraph, for “Commission” substitute “Secretary of State”;

(b) in paragraph 2, in the first subparagraph—

(i) for the words from “, if that possibility” to “Union” substitute “in the United Kingdom”;

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

(iii) for the words from “Directive” to the end substitute “Trade Marks Act 1994”.

(16) In Article 20—

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

(b) omit paragraph 4.

(17) In Article 21—

(a) in the first paragraph, for the words from “Commission” to “Article 34(2),” substitute “Secretary of State must”;

(b) in the second paragraph, for “Union”, in both places it occurs, substitute “United Kingdom”;

(c) after the second paragraph insert—

“Any entry placed on the register by the Secretary of State, and any amendment of such an entry, or cancellation of such entry, takes effect immediately after the expiry of 20 days beginning with the day on which that entry, amendment or cancellation is made.”.

(18) Omit Article 22.

(19) In Article 23(1)—

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

(b) in point (a) omit “or authorities referred to in Article 22”.

(20) In Article 24—

(a) in paragraph 1, after “may apply” insert “to the Secretary of State”;

(b) in paragraph 2—

(i) for “13” substitute “14”;

(ii) for “Commission shall, by means of implementing acts,” substitute “Secretary of State may”;

(iii) omit the words from “and in the case” to the end;

(c) after paragraph 2 insert the paragraph in Part 2 of Schedule 3.

(21) In Article 25—

(a) in the first paragraph—

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

(ii) omit “a Member State, of”;

(iii) omit “, by means of implementing acts,”;

(iv) omit the second sentence;

(b) in the second paragraph, for “13” substitute “14”.

(22) After Article 25 insert the Articles in Part 3 of Schedule 3.

(23) Omit Articles 26 and 27.

(24) In Article 28—

(a) for the heading substitute—

“Power to make regulations”;

(b) in paragraph 1, in the words before point (a), for the words from “Commission” to “Article 33” substitute “Secretary of State may make regulations”;

(c) in paragraph 2, for the words from “Commission” to “Article 33” substitute “Secretary of State may make regulations”;

(d) in paragraph 3—

(i) in the words before point (a), for the words from “Commission” to “Article 33” substitute “Secretary of State may make regulations”;

(ii) in point (c), for “Commission” substitute “Secretary of State”;

(e) in paragraph 4, for the words from “Commission” to “Article 33” substitute “Secretary of State may make regulations”.

(25) In Article 29—

(a) for the heading substitute—

“Further power to make regulations”;

(b) in paragraph 1—

(i) in the first subparagraph—

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

(bb) in point (d), for “Member States” substitute “authorities specified in those regulations”;

(ii) omit the second subparagraph;

(c) in paragraph 2—

(i) in the first subparagraph, for the words from “Commission” to “adopt” substitute “Secretary of State may, by regulations, make provision for”;

(ii) omit the second subparagraph.

(26) In Article 30, for the words from “Commission” to “decide to” substitute “Secretary of State must”.

(27) In Article 31—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) omit the second subparagraph;

(ii) insert as the last subparagraphs—

“The Secretary of State may make regulations concerning the administrative and physical checks to be conducted with regard to the respect of obligations resulting from the application of Chapter 3 of this Regulation.”.

(28) In Article 32—

(a) in paragraph 1, for “Member States and the Commission” substitute “The authorities specified in paragraph 4”;

(b) after paragraph 3 insert—

“4.   The specified authorities are:

(a) in relation to England, the Secretary of State;

(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c) in relation to Scotland, the Scottish Ministers;

(d) in relation to Wales, the Welsh Ministers.”.

(29) For Article 33 substitute the Article in Part 4 of Schedule 3.

(30) Omit Article 34.

(31) In Article 36—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “have been” substitute “were”;

(ii) after “Regulation (EEC) No 1601/91(1)” insert “as it had effect in the United Kingdom immediately”;

(c) in paragraph 3—

(i) for “have been” substitute “were”;

(ii) after “Regulation (EEC) No 1601/91” insert “, as that Regulation had effect in the United Kingdom immediately before it was repealed,”.

(32) In Article 37 omit the second paragraph.

(33) After Article 37 omit the words from “This Regulation” to “Member States.”.

(34) In Annex 1, in point (5)—

(a) in the second subparagraph, for the words from “Directive 2009/54/EC” to “Directive 98/83/EC” substitute “any relevant water quality legislation”;

(b) after the third subparagraph insert the subparagraph in Part 5 of Schedule 3.

(35) In Annex 2—

(a) in Part A, in point (5) omit the second and third paragraphs;

(b) in Part B—

(i) in point (3), in the second paragraph—

(aa) for “other Member States” substitute “another country”;

(bb) for “Member State” substitute “country”;

(ii) in point (4), in the second paragraph—

(aa) for “other Member States” substitute “another country”;

(bb) for “Member State” substitute “country”;

(iii) in point (13), in the second paragraph—

(aa) for “other Member States” substitute “another country”;

(bb) for “Member States” substitute “country”.

(36) After Annex 3 insert the Annex in Part 6 of Schedule 3.

(1)

OJ No. L 149, 14.6.1991, p. 1, as last amended before its repeal by Regulation (EC) No 1334/2008 of the European Parliament and of the Council (OJ No. L 354, 31.12.2008, p. 34) and repealed by Regulation (EU) No 251/2014 of the European Parliament and of the Council (OJ No. L 84, 20.3.2014, p. 14).