Prospective

[X1 PART 2 U.K.Amendment of retained direct EU legislation

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.

Amendment of Regulation (EU) No 1308/2013 of the European Parliament and of the Council U.K.

3.— (1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M1 is amended as follows.

(2) In Article 90, after paragraph 3 insert—

“4.   Paragraph 3 does not apply to products imported from the European Union until the end of the period of 9 months beginning on the day after that on which exit day falls provided that:

(a) the products comply with paragraph 1;

(b) the products are accompanied by documentation which provides:

(i) evidence of the alcohol content; and

(ii) details of the amount of wine in the consignment; and

(c) where the Secretary of State has published a statement under paragraph 5 in respect of those products, the products are imported before the date on which the statement is published.

5.   Where the Secretary of State considers that products referred to in paragraph 1 that are imported from the European Union do not meet the standards required in order to be marketed in the United Kingdom, the Secretary of State must publish a statement to that effect.”.

(3) In Article 92(2)—

(a) in point (b), for “internal market” substitute “ market in the United Kingdom ”;

(b) in point (c), for “national” substitute “ constituent nations to implement their own ”.

(4) In Article 97, for paragraphs 3 and 4 substitute—

“3.   Where the Secretary of State considers that the conditions laid down in this Subsection are met, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) and the product specification.

4.   Where the Secretary of State considers that the conditions laid down in this Subsection are not met, the Secretary of State must decide to reject the application and:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision; and

(b) publish the decision and the reasons.”.

(5) After Article 97 insert—

“Article 97A U.K.Applications pending on exit day

Where an application has been submitted to the Commission under Article 96 before exit day and, as at exit day, the Commission has not adopted an implementing act in respect of the application under Article 99, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) and the product specification as soon as reasonably practicable.

The publication of the single document initiates the objection procedure under Article 98 in respect of that application.”.

(6) For Article 99 substitute—

“Article 99 U.K.Decision on protection

1.   On the basis of the information available to the Secretary of State upon completion of the objection procedure referred to in Article 98, the Secretary of State must decide to:

(a) reject the application if the Secretary of State considers that the conditions laid down in this Subsection are not met; or

(b) approve the application and update the register provided for in Article 104 accordingly.

2.   Where the Secretary of State decides to reject an application under point (a) of the first paragraph, the Secretary of State must:

(a) inform the applicant and any interested parties of the decision and the reasons for that decision; and

(b) publish the decision and the reasons.”.

(7) For Article 106 substitute—

“Article 106 U.K.Cancellation

Either on the Secretary of State's own initiative or following a request, the Secretary of State may decide, in accordance with Commission Delegated Regulation (EU) 2019/33 and Commission Implementing Regulation (EU) 2019/34, to cancel the protection of a designation of origin or a geographical indication where the Secretary of State considers that compliance with the corresponding product specification is no longer ensured.

Where the Secretary of State makes a decision to cancel under the first paragraph, the Secretary of State must:

(a) inform any interested party of the decision and the reasons for that decision;

(b) publish the decision and reasons; and

(c) update the register provided for in Article 104 accordingly.”.

(8) For Article 107 substitute—

“Article 107 U.K.Protection of established protected designations of origin etc.

1.   The Secretary of State must enter the names of established protected designations of origin and established protected geographical indications in the register provided for in Article 104 of this Regulation.

2.   For the purposes of paragraph 1, a protected designation of origin or a protected geographical indication is established where it:

(a) is shown as a United Kingdom designation of origin or geographical indication on the register maintained by the Commission pursuant to Article 104 as the register stands immediately before exit day;

(b) arises out of an international agreement in force on exit day between the United Kingdom and a third country.”.

(9) In Article 109—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(c) in paragraph 3—

(i) in the words before point (a), for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

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

(iii) after point (f) insert—

“(g) rights to appeal any decision made:

(i) under Article 99 to reject or approve an application for the protection of a designation of origin or of a geographical indication;

(ii) to reject or approve an application submitted under Article 105 to amend the product specification of a protected designation of origin or of a protected geographical indication;

(iii) under Article 106, either to reject or approve an application to cancel a protected designation of origin or a protected geographical indication, or to cancel such protection on the Secretary of State's own initiative,

including the parties who may bring an appeal, the grounds and form of appeal, appeals procedure, and the identity and powers of the appeal body.”;

(d) in paragraph 4, for the words from “Commission” to “on” substitute “ Secretary of State may make regulations about ”;

(e) in paragraph 5—

(i) for “1 August 2009”, in both places it occurs, substitute “ exit day ”;

(ii) for “that date”, in both places it occurs, substitute “ exit day ”;

(iii) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations for securing, as far as practicable, uninterrupted protection equivalent to that provided by this Regulation immediately before exit day, and in particular ”;

(iv) omit “by Member States”.

(10) In Article 110—

(a) for the heading substitute— “ Other delegated powers ”;

(b) in paragraph 1—

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

(ii) omit the last sentence;

(c) in paragraph 2—

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

(ii) omit the last sentence.

(11) Omit Article 111.

(12) In Article 114—

(a) in paragraph 1, for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”;

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

(iii) after point (g), insert—

“(h) the circumstances in which an interested party may appeal any decision to:

(i) reject or approve an application for the protection of a traditional term;

(ii) reject or approve an application for the modification of the protection of a traditional term;

(iii) either reject or approve an application for the cancellation of the protection of a traditional term, or to cancel such protection on the Secretary of State's own initiative.”;

(c) in paragraph 3—

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

(ii) for the words from “Commission” to “Article 227” substitute “ Secretary of State may make regulations ”.

(13) In Article 115—

(a) for the heading substitute— “ Other delegated powers ”;

(b) in paragraph 1, for the words “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(c) for paragraph 2 substitute—

“2.   The Secretary of State may:

(a) approve or reject an application for protection of a traditional term;

(b) approve or reject an application for modification of a protected traditional term;

(c) approve or reject an application to cancel the protection of a traditional term;

(d) cancel the protection of a traditional term on the Secretary of State's own initiative.

Where the Secretary of State makes a decision under the first subparagraph of this paragraph, the Secretary of State must:

(a) inform such parties as the Secretary of State considers to have an interest in the decision and, in the case of a decision to reject an application under points (a), (b) or (c) of the first subparagraph, the reasons for the rejection; and

(b) publish the decision and, in the case of a decision to reject an application under points (a), (b) or (c) of the first subparagraph, the reasons for the rejection.”;

(d) in paragraph 3, for the words “Commission shall adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(e) omit paragraph 4.

(14) Omit Article 116.

(15) In Article 119(3), for point (b) substitute—

“(b) in exceptional and duly justified circumstances specified in regulations made by the Secretary of State in order to ensure compliance with existing labelling practices;”.

(16) In Article 191—

(a) for the first paragraph substitute—

“The Secretary of State may, pursuant to international obligations, make regulations setting out derogations from point 5 of Section B or Section C of Part 2 of Annex 8 for imported products.”;

(b) in the second paragraph, omit “of the Member State of release into free circulation”;

(c) in the third paragraph—

(i) for “Commission may adopt implementing acts” substitute “ Secretary of State may make regulations ”;

(ii) omit the last sentence.]

Marginal Citations

M1 Other amendments to Regulation (EU) No 1308/2013 are made by S.I. 2019/821, 828, 831, the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/XXX) and the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/XXX).