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Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs

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  • Art. 54(1A)(1B) inserted by 2024 c. 6 s. 4(4)

CHAPTER IVU.K.Application and registration processes for designations of origin, geographical indications, and traditional specialities guaranteed

Article 48U.K.Scope of application processes

The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.

Article 49U.K.Application for registration of names

1.Applications for registration of names under the quality schemes referred to in Article 48 may only be submitted by groups who work with the products with the name to be registered. In the case of a ‘protected designations of origin’ or ‘protected geographical indications’ name that designates a trans-border geographical area or in the case of a ‘traditional specialities guaranteed’ name, several groups from different F1... countries may lodge a joint application for registration.

A single natural or legal person may be treated as a group where it is shown that both of the following conditions are fulfilled:

(a)the person concerned is the only producer willing to submit an application;

(b)with regard to protected designations of origin and protected geographical indications, the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.

2.Where the application under the scheme set out in Title II relates to a geographical area in [F2the United Kingdom], or where an application under the scheme set out in Title III is prepared by a group established in [F2the United Kingdom], the application shall be [F3lodged with the Secretary of State].

F4...

F53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.Where the application under the scheme set out in Title II relates to a geographical area in a third country, or where an application under the scheme set out in Title III is prepared by a group established in a third country, the application shall be lodged with the [F6Secretary of State], either directly or via the authorities of the third country concerned.

6.The documents referred to in this Article which are sent to the [F7Secretary of State] shall be in one of the official languages of the Union.

7.F8...

The [F9Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of applications, including for applications concerning more than one national territory. F10...

[F118.In relation to the reference to “different countries” in paragraph 1, the United Kingdom is to be regarded as being one country.]

Textual Amendments

Article 50U.K.Scrutiny by the [F12Secretary of State] and publication for opposition

1.The [F13Secretary of State] shall scrutinise by appropriate means any application [F14received] pursuant to Article 49, in order to check that it is justified and that it meets the conditions of the respective scheme. This scrutiny should not exceed a period of six months. Where this period is exceeded, the [F13Secretary of State] shall indicate in writing to the applicant the reasons for the delay.

The [F15Secretary of State] shall, at least each month, make public [F16, in such manner as appears appropriate to the Secretary of State from time to time,] the list of names for which registration applications have been submitted to [F17the Secretary of State], as well as their date of submission.

2.Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the [F18Secretary of State] considers that the conditions laid down in this Regulation are fulfilled, [F19the Secretary of State] shall publish in [F20such manner as appears appropriate to the Secretary of State from time to time]:

(a)for applications under the scheme set out in Title II, the single document and F21... product specification;

(b)for applications under the scheme set out in Title III, the specification.

Textual Amendments

Article 51U.K.Opposition procedure

1.Within three months from the date of publication [F22of the documents published under Article 50(2)], the authorities F23... of a third country, or a natural or legal person having a legitimate interest F24... may lodge a notice of opposition with the [F25Secretary of State].

F26...

A notice of opposition shall contain a declaration that the application might infringe the conditions laid down in this Regulation. A notice of opposition that does not contain this declaration is void.

The [F27Secretary of State] shall forward the notice of opposition to the authority or body that lodged the application without delay.

2.If a notice of opposition is lodged with the [F28Secretary of State] and is followed within two months by a reasoned statement of opposition, the [F28Secretary of State] shall check the admissibility of this reasoned statement of opposition.

3.Within two months after the receipt of an admissible reasoned statement of opposition, the [F29Secretary of State] shall invite the authority or person that lodged the opposition and the authority or body that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed three months.

The authority or person that lodged the opposition and the authority or body that lodged the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions of this Regulation. If no agreement is reached, this information shall also be provided to the [F29Secretary of State].

At any time during these three months, the [F29Secretary of State] may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.

4.Where, following the appropriate consultations referred to in paragraph 3 of this Article, the details published in accordance with Article 50(2) have been substantially amended, the [F30Secretary of State] shall repeat the scrutiny referred to in Article 50.

5.The notice of opposition, the reasoned statement of opposition and the related documents which are sent to the [F31Secretary of State] in accordance with paragraphs 1 to 4 of this Article shall be in one of the official languages of the Union.

6.In order to establish clear procedures and deadlines for opposition, the [F32Secretary of State may make regulations] complementing the rules of the opposition procedure.

The [F33Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of the oppositions. F34...

Textual Amendments

Article 52U.K.Decision on registration

1.Where, on the basis of the information available to the [F35Secretary of State] from the scrutiny carried out pursuant to the first subparagraph of Article 50(1), the [F35Secretary of State] considers that the conditions for registration are not fulfilled, [F36the Secretary of State must reject] the application. F37...

2.If the [F38Secretary of State] receives no notice of opposition or no admissible reasoned statement of opposition under Article 51, [F39the Secretary of State must register] the name.

3.If the [F40Secretary of State] receives an admissible reasoned statement of opposition, [F41the Secretary of State] shall, following the appropriate consultations referred to in Article 51(3), and taking into account the results thereof, either:

(a)if an agreement has been reached, register the name F42...; or

(b)if an agreement has not been reached, [F43decide whether to register the name].

[F444.After making a decision under this Article, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:

(a)a notice:

(i)informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and

(ii)providing information about the right to appeal under Article 54a against the decision and the period within which an appeal may be made, and

(b)where the application is approved, a copy of the approved product specification.

5.An implementing act to which paragraph 6 applies is revoked.

6.This paragraph applies to an implementing act adopted by the European Commission under Article 52 of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

[F45Article 52aU.K.Applications pending on IP completion day

1.A pending application made under EU Regulation 1151/2012 before IP completion day is deemed to be an application made under Article 49(2) of this Regulation for which scrutiny under Article 50(1) of this Regulation has not been commenced.

2.Unless requested not to do so in writing by the applicant who submitted the application under EU Regulation 1151/2012, the Secretary of State must scrutinise a pending application under Article 50(1) of this Regulation.

3.But the Secretary of State may decide not to scrutinise a pending application under paragraph 2 in a case where the pending application is an application that has been sent to the European Commission for scrutiny under Article 50(1) of EU Regulation 1151/2012 before IP completion day.

4.The six month period specified in Article 50(1) starts from the day on which IP completion day falls.

5.Where a request of the type specified in paragraph 2 is made in relation to a pending application by an applicant referred to in that paragraph, the pending application is to be treated as having been withdrawn.

6.In this Article ‘pending application’ means an application submitted to the Secretary of State on or after 1st January 2019 or the Secretary of State or the Department for Environment, Food and Rural Affairs before that date:

(a)to register:

(i)a name of a geographical area in, or partly in, the United Kingdom as a designation of origin;

(ii)a name of a geographical area in, or partly in, the United Kingdom as a geographical indication;

(iii)a name as a traditional speciality guaranteed, and

(b)for which the European Commission has not adopted an implementing act under Article 52 of EU Regulation 1151/2012 before IP completion day.]

Textual Amendments

Article 53U.K.Amendment to a product specification

1.A group having a legitimate interest may apply for approval of an amendment to a product specification.

Applications shall describe and give reasons for the amendments requested.

2.Where the amendment involves one or more amendments to the specification that are not minor, the amendment application shall follow the procedure laid down in Articles 49 to 52.

However, if the proposed amendments are minor, the [F46Secretary of State] shall approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the [F46Secretary of State] shall publish those elements in [F47such manner as appears appropriate to the Secretary of State from time to time].

For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:

(a)relate to the essential characteristics of the product;

(b)alter the link referred to in point (f)(i) or (ii) of Article 7(1);

(c)include a change to the name, or to any part of the name of the product;

(d)affect the defined geographical area; or

(e)represent an increase in restrictions on trade in the product or its raw materials.

For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:

(a)relate to the essential characteristics of the product;

(b)introduce essential changes to the production method; or

(c)include a change to the name, or to any part of the name of the product.

The scrutiny of the application shall focus on the proposed amendment.

3.In order to facilitate the administrative process of an amendment application, including where the amendment does not involve any change to the single document and where it concerns a temporary change in the specification resulting from the imposition of obligatory sanitary or phytosanitary measures by the public authorities, the [F48Secretary of State may make regulations] complementing the rules of the amendment application process.

The [F49Secretary of State may make regulations] laying down detailed rules on procedures, form and presentation of an amendment application. F50...

[F514.An implementing act to which paragraph 5 applies is revoked.

5.This paragraph applies to an implementing act:

(a)concerning a decision of the European Commission relating to an application to amend a product specification for a designation of origin, geographical indication or traditional speciality guaranteed protected in the European Union at the time the application was submitted,

(b)adopted by the European Commission pursuant to Article 53(2) of EU Regulation 1151/2012 following the appropriate procedure referred to in that paragraph, and

(c)incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

Article 54U.K.Cancellation

1.The [F52Secretary of State] may, on [F53the Secretary of State's] own initiative or at the request of any natural or legal person having a legitimate interest, [F54decide to] cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:

(a)where compliance with the conditions of the specification is not ensured;

(b)where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.

The [F55Secretary of State] may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.

F56...

2.In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the [F57Secretary of State may make regulations] complementing the rules regarding the cancellation process.

The [F58Secretary of State may make regulations] laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article.F59...

[F603.An implementing act to which paragraph 4 applies is revoked.

4.This paragraph applies to an implementing act adopted by the European Commission under Article 54(1) of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.]

Textual Amendments

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