CHAPTER I U.K. SCOPE, DEFINITIONS AND CATEGORIES OF SPIRIT DRINKS

F1 Article 1 U.K. Subject matter and scope

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

F1 Article 2 U.K. Definition of and requirements for spirit drinks

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

Article 3 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘legal name’ means the name under which a spirit drink is placed on the market, within the meaning of point (n) of Article 2(2) of Regulation (EU) No 1169/2011;

(2)

‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in Annex I or the geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:

(a)

the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names;

(b)

the term ‘liqueur’ or ‘cream’;

(3)

‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2), (3) and (4), in the description, presentation or labelling of:

(a)

a foodstuff other than a spirit drink, or

(b)

a spirit drink that complies with the requirements of categories 33 to 40 of Annex I;

(4)

‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(5)

‘product specification’ means a file attached to the application for the protection of a geographical indication, in which the specifications with which the spirit drink has to comply are set out, and which was referred to as a ‘technical file’ under [F2 EU Regulation] 110/2008;

(6)

‘group’ means any association, irrespective of its legal form, that is mainly composed of producers or processors working with the spirit drinks concerned;

(7)

‘generic name’ means a name of a spirit drink that has become generic and that, although it relates to the place or the region where the spirit drink was originally produced or marketed, has become the common name of that spirit drink in the [F3 United Kingdom];

(8)

[F4 ‘EU Regulation 110/2008’ means Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks as it had effect before IP completion day;

(9)

‘EU Regulation 2019/787’ means Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages as it had effect before IP completion day;

(9a)

[F5 ‘application to register a trade mark’ means an application to register a trade mark made under the TMA;

(9b)

‘an Article 30(5) approval notice’ means a notice published under Article 30(5) relating to a decision of the Secretary of State to approve an application for a geographical indication;

(9c)

‘bridging arrangements’ has the meaning given in Article 36c(2)(b);

(9d)

‘constituent nation’ means England, Northern Ireland, Scotland or Wales;

(9e)

‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom;

(9f)

‘enters into force’ in relation to an international agreement, includes, where the provisional application of that agreement is agreed between the parties before it enters into force, the provisional application of the agreement and ‘entry into force’ is to be construed accordingly;]

(10)

‘established geographical indication’ means a geographical indication within the meaning of Article 3(4) to which Article 54(2) of the EU withdrawal agreement applies;

(10a)

[F6 ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a geographical indication of the third country in the European Union;]

(11)

‘EUWA’ means the European Union (Withdrawal) Act 2018;

the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending;

(12)

‘FTT’ means the First-tier Tribunal;

(13)

‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State under Article 33(1);

(14)

in Articles 43 and 43a, ‘the original applicant’, in a case where an appeal has been made in respect of a decision made by the Secretary of State in relation to a geographical indication under Article 34, or following the submission of an application under Article 24 or 31, or a request submitted under Article 34, means the person who submitted the application or request;

(14a)

[F7 period’ means the period beginning on IP completion day and expiring at the end of the day that falls nine months after the day on which IP completion day falls;]

(15)

‘third country’ means—

(a)

for the purposes of the definition of ‘EUIA’ in point (10a), Article 36c and Annex 1A (other than the reference in paragraph (b)), any country other than—

(i)

any part of the British Islands, or

(ii)

a member state

(b)

for the purposes of the reference in column 2 of row 5 of the Types Table in Part 3 of Annex 1A, any country other than any part of the British Islands;

(c)

for all other purposes, any country other than the United Kingdom, and includes:

(i)

the bailiwick of Guernsey;

(ii)

the bailiwick of Jersey;

(iii)

the lsle of Man;]

(16)

[F8 ‘the TMA’ means the Trade Marks Act 1994;

(17)

‘the Types Table’ means the table in Part 3 of Annex 1A.]

Textual Amendments

F2 Words in Art. 3(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), 28(2)(a)

F3 Words in Art. 3(7) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(2)(b)

F4 Art. 3(13)-(15) inserted (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), 28(2)(c), Sch. 10 Pt. 1 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(11))

F5 Art. 3(9a)-(9f) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(a)

F6 Art. 3(10a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(b)

F7 Art. 3(14a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(c)

F8 Art. 3(16)(17) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(2)(d)

[F9 Article 4 U.K. Definitions: types of geographical indication

In Article 36a and Annex 1A any reference to:

(a) ‘a type 1 geographical indication’ means a geographical indication of the type described in column 2 of row 1 of the Types Table;

(b) ‘a type 2A geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(c) ‘a type 2B geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which the provisions in column 4 of that row apply;

(d) ‘a type 3A geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of that row applies;

(e) ‘a type 3B geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of that row apply;

(f) ‘a type 4A geographical indication’ means a geographical indication of the type described in column 2 of row 4 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies;

(g ‘a type 4B geographical indication’ means a geographical indication of the type described in column 2 of row 4 of the Types Table to which the provisions in column 4 of row 3 of that table apply;

(h) ‘a type 5A geographical indication’ means a geographical indication of the type described in column 2 of row 5 of the Types Table to which paragraph 1 or 2 in column 3 of row 3 of that table applies;

(i) ‘a type 5B geographical indication’ means a geographical indication of the type described in column 2 of row 5 of the Types Table to which the provisions in column 4 of row 3 of that table apply.]

Textual Amendments

F9 Art. 4 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 1

F1 Article 5 U.K. Definition of and requirements for ethyl alcohol of agricultural origin

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

F1 Article 6 U.K. Ethyl alcohol and distillates used in alcoholic beverages

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

F1 Article 7 U.K. Categories of spirit drinks

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)

F1 Article 8 U.K. Delegated and implementing powers

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Textual Amendments

F1 Regulation, so far as not operative immediately before IP completion day, does not form part of domestic law on and after IP completion day, see European Union (Withdrawal) Act 2018 (c. 16), s. 3(1)