Commission Implementing Regulation (EU) 2019/34Show full title

SECTION 1 U.K. Application for protection

F1 Article 2 U.K. Applications for protection from Member States

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Textual Amendments

F1 Art. 2 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), 27(4)

Article 3 U.K. Applications for protection from third countries

Applications for protection that concern a geographical area in a third country shall be submitted by a single producer within the meaning of Article 3 of Delegated Regulation (EU) 2019/33 or a group of producers having a legitimate interest, either directly to the [F2 Secretary of State] or via the authorities of that third country, and shall, in addition, comply with the requirements of Article 94(3) of Regulation (EU) No 1308/2013.

Textual Amendments

F2 Words in Art. 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), 27(5)

Article 4 U.K. Joint applications

[F3 1. A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, must be submitted to the Secretary of State by:

(a) a group of producers in one of the countries in which part of the relevant geographical area is situated,

(b) a single producer in one of the countries in which part of the relevant geographical area is situated in a case where, in relation to that country and that area, Article 3 of Delegated Regulation (EU) 2019/33 applies, or

(c) through the authorities of a third country in which part of the relevant geographical area is situated.

1a. Where a joint application concerns a geographical area that includes an area in the United Kingdom, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, except for the requirement in paragraph 3 of that Article.

1b. Where a joint application concerns a geographical area that includes an area in a third country, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, including the requirement laid down in paragraph 3 of that Article.]

2. The [F4 group of producers, single producer or third country authority] which submits to the [F5 Secretary of State] a joint application as referred to in paragraph 1 becomes the consignee of any notification or decision issued by the [F5 Secretary of State].

Textual Amendments

F3 Art. 4(1)-(1b) substituted for Art. 4(1) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(6)(a)

F4 Words in Art. 4(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), 27(6)(b)(i)

F5 Words in Art. 4(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), 27(6)(b)(ii)

Article 5 U.K. Single document

1. The single document referred to in point (d) of Article 94(1) of Regulation (EU) No 1308/2013 shall include the following main elements of the product specification:

(a) the name to be protected as a designation of origin or a geographical indication;

[F6 (b) where the demarcated area, or any part of it, is situated in Great Britain, the name ‘Great Britain’;

(ba) where the demarcated area, or any part of it, is situated in Northern Ireland, the name ‘Northern Ireland’;

(bb) where the demarcated area, or any part of it, is situated in a third country, the name of the third country;]

(c) the type of geographical indication;

(d) a description of the wine or wines;

(e) the categories of grapevine products;

(f) the maximum yields per hectare;

(g) the indication of the wine grape variety or varieties from which the wine or wines are obtained;

(h) a concise definition of the demarcated geographical area;

(i) a description of the link referred to in point (a)(i) or in point (b)(i) of Article 93(1) of Regulation (EU) No 1308/2013;

(j) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(k) where applicable, the specific rules concerning packaging and labelling and all other essential relevant requirements.

2. The description of the link referred to in point (i) of paragraph 1 shall include:

(a) in the case of a designation of origin, a description of the causal link between the quality and characteristics of the product and the geographical environment with its inherent natural and human factors to which they are essentially or exclusively linked, including, where applicable, elements of the product description or production method justifying the link;

(b) in the case of a geographical indication, a description of the causal link between the geographical origin and the relevant specific quality, reputation or other characteristics attributable to the geographical origin of the product, accompanied by a statement indicating on which ones of the given factors — specific quality, reputation or other characteristics attributable to the geographical origin of the product — the causal link is based. The description may also concern the elements of the product description or production method justifying the causal link.

Where an application covers different categories of grapevine products, the details bearing out the link shall be demonstrated for each of the grapevine products concerned.

3. The single document shall be drawn up [F7 using] the model for single documents set out in Annex I.

Textual Amendments

F6 Art. 5(1)(b)-(bb) substituted for Art. 5(1)(b) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(7)(a)

F7 Word in Art. 5(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), 27(7)(b)

Article 6 U.K. Geographical area

The demarcated geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.

Article 7 U.K. Scrutiny procedure

1. If an admissible application does not meet the conditions laid down in Subsection 2 of Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, the [F8 Secretary of State] shall inform the [F9 applicant] or authorities of the third country [F10 , where relevant,] of the grounds for refusal, setting a deadline for the withdrawal or modification of the application or for the submission of comments.

If, following that information, substantial modifications are made to the product specification, [F11 a] new version of the single document [F12 , where relevant, and a] consolidated version of the proposed product specification [F13 must be submitted to the Secretary of State].

2. If the obstacles to the conferral of protection are not remedied by the [F14 applicant] or third-country authorities F15 ... within the given deadline, the [F16 Secretary of State] shall reject the application in accordance with Article 97(4) of Regulation (EU) No 1308/2013.

3. Any decision to reject the application concerned shall be taken by the [F17 Secretary of State] on the basis of the documents and information available to [F18 the Secretary of State]. The [F17 Secretary of State] shall notify the [F19 applicant] or the third-country authorities [F20 , as relevant,] of the decision to reject the application.

Textual Amendments

F8 Words in Art. 7(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), 27(8)(a)(i)(aa)

F9 Word in Art. 7(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), 27(8)(a)(i)(bb)

F10 Words in Art. 7(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), 27(8)(a)(i)(cc)

F11 Word in Art. 7(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), 27(8)(a)(ii)(aa)

F12 Words in Art. 7(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), 27(8)(a)(ii)(bb)

F13 Words in Art. 7(1) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 27(8)(a)(ii)(cc)

F14 Word in Art. 7(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), 27(8)(b)(i)

F15 Words in Art. 7(2) 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), 27(8)(b)(ii)

F16 Words in Art. 7(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), 27(8)(b)(iii)

F17 Words in Art. 7(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), 27(8)(c)(i)

F18 Words in Art. 7(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), 27(8)(c)(ii)

F19 Word in Art. 7(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), 27(8)(c)(iii)

F20 Words in Art. 7(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), 27(8)(c)(iv)