http://www.legislation.gov.uk/eur/2019/34/chapter/IIICommission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checksCommission Implementing Regulation (EU) 2019/34Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checksKing's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R0034texttext/xmlen2025-04-23Expert Participation2025-02-27 CHAPTER III<Strong>TRADITIONAL TERMS</Strong>SECTION 1<Strong><Emphasis>Applications for protection</Emphasis></Strong>Application for protectionArticle 211The application for protection of a traditional term shall be communicated to the Secretary of State by a representative professional organisation established in the United Kingdom or a third country, as relevant, or, in the case of a third country, by a competent authority of that third country, in accordance with Article 30(3).2In the case of a request submitted by a representative professional organisation ..., the applicant shall communicate the information regarding the representative professional organisation and its members to the Secretary of State in accordance with Article 30(3). The Secretary of State shall make this information public.SECTION 2<Strong><Emphasis>Objection procedure</Emphasis></Strong>Submission of an objectionArticle 221A third country or any natural or legal person having a legitimate interest may submit an objection to the application for protection of a traditional term within two months of the date on which the Secretary of State publishes the application under Article 28(3) of Delegated Regulation (EU) 2019/33.2An objection shall be communicated to the Secretary of State in accordance with Article 30(3).Documents supporting an objectionArticle 231A duly substantiated objection shall contain details of the facts, evidence and comments submitted in support of the objection, accompanied by the relevant supporting documents.2If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:aproof of the filing or the registration of the earlier trade mark or proof of its use; andbproof of its reputation and renown.The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.3If the details of the prior right(s) claimed, ground(s), facts, evidence or comments, or the supporting documents, referred to in paragraphs 1 and 2, have not been produced at the date of submission of the objection or if details or documents are missing, the Secretary of State shall inform the authority or person that lodged the objection accordingly and shall invite them to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before the time limit expires, the Secretary of State shall reject the objection as inadmissible. The decision to reject the objection as inadmissible shall be notified to the authority or person that lodged the objection and to ... the third-country authorities or the representative professional organisation ....Submission of observations by the partiesArticle 241Where the Secretary of State communicates an objection which is not rejected in accordance with Article 23(3) to the applicant that submitted the application for protection, the applicant shall file observations within a period of two months from the issuance date of such communication.2Where so requested by the Secretary of State in the course of the Secretary of State's scrutiny of an objection, the parties shall provide comments on the communications received from the other parties, if appropriate, within a period of two months from the issuance date of such request.SECTION 3<Strong><Emphasis>Protection of traditional terms</Emphasis></Strong>RegistrationArticle 251Following the publication of a notice under Article 31(3a) of Implementing Regulation (EU) 2019/33 by the Secretary of State relating to a decision by the Secretary of State to confer protection over a traditional term, the Secretary of State shall record the following data in the electronic register of protected traditional terms as soon as possible after the notice period has expired:athe name to be protected as a traditional term;bthe type of traditional term according to Article 112 of Regulation (EU) No 1308/2013;cthe language referred to in Article 24 of Delegated Regulation (EU) 2019/33;dthe grapevine product category or categories concerned by the protection;ea reference to the national legislation of the ... country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in a third country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;fa summary of the definition or conditions of use;gthe name of the country or countries of origin;hthe date of inclusion in the register.1aAn entry made in Great Britain's Traditional Terms Register pursuant to paragraph 1 takes effect immediately after the entry relating to the traditional term is recorded in the register.2The electronic register of protected traditional terms shall be made available to the public.3A traditional term to which paragraph 4 applies may be entered in Great Britain's Traditional Terms Register where the condition in paragraph 5 is satisfied.4This paragraph applies to a traditional term used in a third country that must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’).5The condition is that the traditional term is a traditional term that was protected in the European Union immediately before IP completion day pursuant to an international agreement to which the European Union and the third country were contracting parties.6The same protection is to be afforded to a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33.7In relation to the protection of a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term:ainsofar as relevant, any conditions laid down in the law of the third country relating to the use of the traditional term, andbany other conditions referred to, or laid down, in the UK-third country agreement relating to the use of the traditional term.8An entry recorded in the register pursuant to paragraph 3 is to be treated as taking effect:ain a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is in the register as established during that period, on IP completion day;bin any other case, immediately the entry is recorded in the register. <Addition ChangeId="key-01218deaa489d27254c9c3bf91d1982c-1705427883505" CommentaryRef="key-01218deaa489d27254c9c3bf91d1982c">Register: established protected traditional terms </Addition>Article 25a1The Secretary of State must include the relevant data for each established protected traditional term in Great Britain's Traditional Terms Register when the register is established by the Secretary of State or, if that is not possible, as soon as possible after the register is established.2In this Article:a‘the corresponding EU traditional term’, in relation to an established protected traditional term, means the traditional term that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected traditional term;b‘an established protected traditional term’ has the meaning given by Article 1a(j) of Delegated Regulation (EU) 2019/33;c‘Great Britain's Traditional Terms Register’ has the meaning given by Article 1a(m) of Delegated Regulation (EU) 2019/33;d‘the European Commission's Traditional Terms Register’ means the register maintained by the European Commission under Article 25 of EU Regulation 2019/34;e‘the relevant data’, in relation to an established protected traditional term, means the data specified in Article 25(1)(a) to (g) of EU Regulation 2019/34 that is in the European Commission's Traditional Terms Register for the corresponding EU traditional term immediately before IP completion day.Enforcement of the protectionArticle 26For the purposes of the application of Article 113 of Regulation (EU) No 1308/2013, where there is unlawful use of protected traditional terms, competent national authorities, on their own initiative or at the request of a party, shall take all measures to prevent or stop the marketing, including any movement to Northern Ireland or export, of the products in question.SECTION 4<Strong><Emphasis>Modification and cancellation</Emphasis></Strong>Modification requestArticle 271Articles 21 to 24 shall apply mutatis mutandis to a request to modify a protected traditional term.1aAfter making a decision whether to approve a modification to a traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:ainforming the applicant and the public of the decision made by the Secretary of State and the reasons for that decision, andbproviding information about the right to appeal against the decision under Article 39a of Delegated Regulation (EU) 2019/33 and the period within which an appeal may be made.2Where the Secretary of State publishes a notice under paragraph 1a relating to a decision of the Secretary of State to approve a modification to a traditional term, the Secretary of State shall record the new specifications in Great Britain's Traditional Terms Register as soon as possible after the notice period relating to that notice has expired.3The new specifications take effect immediately after they are recorded in Great Britain's Traditional Terms Register.Cancellation requestArticle 281A request to cancel the protection of a traditional term shall contain:athe reference to the traditional term it refers to;bthe name and contact details of the natural or legal person seeking cancellation;ca description of the legitimate interest of the natural or legal person that lodged the cancelation request;dan indication of the grounds for cancellation, referred to in Article 36 of Delegated Regulation (EU) 2019/33;ethe details of the facts, evidence and comments in support of the cancellation request.It may be accompanied by supporting documents, where relevant.2If detailed information concerning the grounds, facts, evidence and comments, as well as the supporting documents referred to in paragraph 1, have not been furnished at the same time as the cancellation request, the Secretary of State shall inform the author of the cancellation request accordingly and shall invite him to remedy the deficiencies noted within a period of two months.If the deficiencies are not remedied before the time limit expires, the Secretary of State shall deem the cancellation request inadmissible and shall reject it. The decision deeming the request inadmissible shall be notified to the author of the cancellation request.Scrutiny of a cancellation requestArticle 291If the Secretary of State does not deem the cancellation request to be inadmissible in accordance with Article 28(2), the Secretary of State shall communicate the cancellation request to ... the third-country authorities or the applicant ... and shall invite him to file observations within two months from the issuance date of such invitation. Any observations received within this two months period shall be communicated to the author of the request.In the course of the examination of a cancellation request, the Secretary of State shall invite the parties to submit comments on the communications received from the other parties within a period of two months from the issuance date of such request.2If ... the third-country authorities or the applicant ... or the author of a cancellation request does not file any comments in response, or does not respect the time periods, the Secretary of State shall rule on the request.3A decision to cancel the protection of the traditional term concerned shall be taken by the Secretary of State on the basis of the evidence available to the Secretary of State. The Secretary of State shall consider whether the grounds referred to in Article 36 of Delegated Regulation (EU) 2019/33 are fulfilled....3aAfter making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:ainforming the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State and the reasons for that decision, andbproviding information about the right to appeal under Article 39a of Delegated Regulation (EU) 2019/33 against the decision and the period within which an appeal may be made.4Where multiple cancellation requests are lodged in respect of a traditional term and where it can be concluded from a preliminary examination of one or more such requests that it is no longer possible to continue to protect a traditional term, the Secretary of State may suspend the other cancellation procedures. The Secretary of State shall notify the parties that submitted the other cancellation requests of any decision affecting them which was taken in the course of the procedure.Where a decision cancelling a traditional term is adopted, cancellation procedures which have been suspended shall be deemed to be closed and the authors of the cancellation requests in question shall be duly informed.5Where the Secretary of State publishes a notice under paragraph 3a relating to a decision of the Secretary of State to cancel a traditional term, the Secretary of State must remove the name from the register as soon as possible after the notice period for the notice has expired,, while maintaining a record of the cancellation. The cancellation takes effect immediately after the name of the traditional term is removed from the register.Words in Art. 21(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(23)(a)Words in Art. 21(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(23)(b)(i)Words in Art. 21(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(23)(b)(ii)Words in Art. 22(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(24)(a)(i)Words in Art. 22(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(24)(a)(ii)Words in Art. 22(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(24)(b)Words in Art. 23(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(25)(a)Words in Art. 23(3) 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(25)(b)Words in Art. 23(3) 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(25)(c)Words in Art. 24(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(26)(a)Words in Art. 24(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(26)(b)(i)Words in Art. 24(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(26)(b)(ii)Art. 25(1a) 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(27)(b)Art. 25(3)-(8) 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(27)(c)Words in Art. 25(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(27)(a)(i)(aa)Words in Art. 25(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(27)(a)(i)(bb)Words in Art. 25(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(27)(a)(i)(cc)Words in Art. 25(1)(e) 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(27)(a)(ii)(aa)Words in Art. 25(1)(e) 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(27)(a)(ii)(bb)Words in Art. 26 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(29)Art. 27(1a) 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(30)(a)Art. 27(3) 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(30)(c)Words in Art. 27(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(30)(b)(i)Words in Art. 27(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(30)(b)(ii)Words in Art. 27(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(30)(b)(iii)Words in Art. 28(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(31)Art. 29(3a) 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(32)(d)Words in Art. 29(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(32)(a)(i)(aa)Words in Art. 29(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(32)(a)(i)(bb)Words in Art. 29(1) 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(32)(a)(i)(cc)Words in Art. 29(1) 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(32)(a)(i)(dd)Words in Art. 29(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(32)(a)(ii)Words in Art. 29(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(32)(b)(i)Words in Art. 29(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(32)(b)(ii)Words in Art. 29(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(32)(b)(iii)Words in Art. 29(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(32)(c)(i)(aa)Words in Art. 29(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(32)(c)(i)(bb)Words in Art. 29(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(32)(c)(i)(cc)Words in Art. 29(3) 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(32)(c)(ii)Words in Art. 29(4) 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(32)(e)Words in Art. 29(5) 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(32)(f)(i)Words in Art. 29(5) 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(32)(f)(ii)Words in Art. 29(5) 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(32)(f)(iii)Art. 25a 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(28), Sch. 9 Pt. 4