Commission Implementing Regulation (EU) 2015/1831Dangos y teitl llawn

[F1 SECTION 2 U.K. Visibility of brands

Article 5 U.K. General requirements

1. Brands as referred to in Article 4 of Regulation (EU) No 1144/2014 shall be understood as trade-marks as defined in [F2 section 1 of the Trade Marks Act 1994].

2. Brands of promoted products of the proposing organisations shall only be visible during demonstrations and tastings.

The following definitions shall apply:

(a) ‘demonstrations’ means all means of demonstrating the merits of a product or a scheme to a prospective customer to encourage the purchase of the product during fairs or business-to-business events and on websites;

(b) ‘tastings’ means any activity where a product can be tasted by a prospective customer during fairs or business-to-business events and on point of sales.

3. Brands may also be visible on the information and promotional material displayed or distributed during demonstrations and tastings.

4. The proposing organisations displaying brands shall comply with the following conditions:

(a) they shall justify in the programme application why the mention of brands is necessary to meet the objectives of the campaign and confirm that the display of brands is limited to demonstrations and tastings;

(b) they shall keep evidence that all members of the proposing organisation concerned have been given an equal opportunity to display their brands;

(c) they shall ensure that:

(i)

brands are displayed together in an equally visible manner, in an area separate from that devoted to the [F3 main message of the programme];

(ii)

the display of brands does not weaken the [F3 main message of the programme];

(iii)

the [F3 main message of the programme] is not obscured by the display of branded material such as pictures, colours, symbols;

(iv)

the display of brands is limited to visual material excluding gadgets and mascots, in a smaller format than the [F3 main message of the programme] . No mention of brands shall be made in audio material.

Textual Amendments

F2 Words in Art. 5(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 5(4)(c)(i)-(iv) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Specific requirements

1. During demonstrations and tastings, brands may only be displayed:

(a) together in a banner located on the front of the counter of the stand or equivalent support. That banner shall not exceed 5 % of the total surface area of the front of the counter of the stand or equivalent support; or

(b) individually, in separate and identical booths in a neutral and identical way, on the front of the counter of the booth or equivalent support for each brand. In that case, the display of the brand name shall not exceed 5 % of the total surface area of the front of the counter of the booth or equivalent support.

2. For websites, brands may only be displayed together in either of the following two ways:

(a) in a banner located at the bottom of the webpage, which shall not exceed 5 % of the total surface area of the webpage F4 ...;

(b) on a dedicated webpage distinct from the home page, in a neutral and identical way for each brand.

3. For the printed material distributed during demonstrations or tastings, brands may only be displayed together in one banner at the bottom of the page which shall not exceed 5 % of the total surface area of that page.

Textual Amendments

F4 Words in Art. 6(2)(a) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Number of brands to be displayed

1. A minimum of five brands shall be displayed.

2. By way of derogation from paragraph 1, less than five brands may be displayed provided that the following two conditions are fulfilled:

(a) there are fewer brands from the [F5 constituent nation or nations covered by the programme] for the product or scheme subject of the programme;

(b) for duly justified reasons, it has not been possible to organize a multi–product F6 ... programme permitting more brands to be displayed.

3. The fulfilment of the conditions referred to in paragraph 2 shall be duly justified by the proposing organisation and supported by all necessary documents, including evidence that other proposing organisations were contacted and a proposal was made to them by the proposing organisation concerned that they should together establish a multi-product F7 ... programme and reasons why such a programme was not achieved.

4. Where less than five brands are displayed, the rules set out in Article 6 shall apply and the surface area allocated to brands shall be reduced proportionally.

Textual Amendments

F5 Words in Art. 7(2)(a) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 7(2)(b) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 7(3) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Mention of schemes eligible under point (d) of Article 5(4) of Regulation (EU) No 1144/2014 which are registered as a trade mark

Where the programme concerns a scheme as referred to in point (d) of Article 5(4) of Regulation (EU) No 1144/2014, Articles 5, 6 and 7 shall not apply to the names and logos of those schemes which are registered as trademarks.]

Textual Amendments

F1 Regulation revoked (E.W.S.) (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 2 (with s. 1(3)(4)) (as amended by S.I. 2023/1143, regs. 2(2), 3(3), 4, Sch. 1 Pt. 3); S.I. 2023/1363, reg. 2