CHAPTER IIIGEOGRAPHICAL INDICATIONS

Article 31Amendment to a product specification

1.

Any 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.

Amendments to a product specification shall be classified into two categories as regards their importance:

(a)

F1non-standard amendments requiring an opposition procedure F2under Article 27, as applied to applications for non-standard amendments by paragraph 9;

(b)

standard amendmentsF3. Standard amendments to a product specification for a geographical indication relating to an area in a third country are to be dealt with at F4... third country level.

3.

An amendment shall be considered a F5non-standard amendment if it:

(a)

includes a change in the name or any part of the name of the geographical indication registered under this Regulation;

(b)

consists of a change of the legal name or the category of the spirit drink;

(c)

risks voiding the given quality, reputation or other characteristic of the spirit drink that is essentially attributable to its geographical origin; or

(d)

entails further restrictions on the marketing of the product.

Any other amendments shall be considered standard amendments.

F64.

Standard amendments are classified into four sub-categories taking into account the geographical area of the geographical indication affected by the amendment, the reason for the amendments and whether the amendments are being applied for on a temporary basis, as follows:

a)

UK standard amendments;

b)

UK temporary amendments;

c)

third country standard amendments;

d)

third country temporary amendments.

5.

A UK standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in the United Kingdom.

6.

A UK temporary amendment is a standard amendment concerning a temporary change in a product specification for a geographical indication relating to a geographical area in the United Kingdom:

a)

resulting from the imposition of obligatory sanitary and phytosanitary measures, or linked to natural disasters formally recognised, by the Secretary of State, or imposed or formally recognised by:

i)

the Environment Agency in a case where, and to the extent that, a relevant geographical area in England is affected;

ii)

the Department of Agriculture, Environment and Rural Affairs, or the Department of Health, in a case where, and to the extent that, a relevant geographical area in Northern Ireland is affected;

iii)

the Scottish Ministers, Food Standards Scotland or the Scottish Environment Protection Agency, in a case where, and to the extent that, a relevant geographical area in Scotland is affected;

iv)

the Welsh Ministers, or the Natural Resources Body for Wales, in a case where, and to the extent that, a relevant geographical area in Wales is affected;

v)

the Food Standards Agency in a case where, and to the extent that, a relevant geographical area in England, Northern Ireland or Wales is affected, or

b)

linked to adverse weather conditions formally recognised by the Met Office of F7the Department for Science, Innovation and Technology.

7.

A third country standard amendment is a standard amendment of a product specification for a geographical indication relating to a geographical area in a third country.

F88.

A F9third country standard amendment shall also be considered a F10third country temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities F11of the third country concerned or is linked to natural disasters or adverse weather conditions formally recognised by the competent authorities F11of the third country concerned.

F129.

F13Non-standard amendments shall be approved by the F14Secretary of State . The approval procedure shall follow, mutatis mutandis, the procedure laid down in Article 24 and Articles 26 to 30. Applications for F15non-standard amendments submitted by a third country or by third country producers shall contain proof that the requested amendment complies with the laws applicable in that third country to the protection of geographical indications.

F1610.

A UK standard amendment and a UK temporary amendment must be approved by the Secretary of State.

F1711.

F18.... F19Third country standard amendments and third country temporary amendments shall be approved in accordance with the law applicable in the third country concerned.

F2012.

The scrutiny of the application for amendment shall only address the proposed amendment.

F2113.

An implementing act to which paragraph 14 applies is revoked.

14.

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 geographical indication protected in the European Union at the time the application was submitted,

(b)

adopted by the European Commission pursuant to Article 31 of EU Regulation 2019/787 following the procedure referred to in paragraph 4 of that Article, and

(c)

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