The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

Regulation (EU) No 1308/2013 of the European Parliament and of the Council U.K.

20.—(1) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products is amended as follows.

(2) In Article 93, after paragraph 1 insert—

“1a.   For the purpose of [F1 Articles 102a, 102c and 102d] and Annex 9A:

[F2 (za) ‘application to register a trade mark’ means an application to register a trade mark made under the TMA F3 ;]

(a) ‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;

[F4 (aa) ‘bridging arrangements’ has the meaning given in Article 102c(2)(b);]

(b) ‘enters into force’, in relation to a reference 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;

(c) ‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a designation of origin or geographical indication of the third country in the European Union;

(d) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M1 as it had effect before IP completion day;

(e) ‘Great Britain's PDOs and PGIs Register’ means the register established and maintained by the Secretary of State under Article 104;

(f) ‘the relevant 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;

[F5 (fa) ‘third country’ means—

(i) for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than—

(aa) any part of the British Islands, or

(bb) any member State;

(ii) for the purposes of the reference in column 2 of row 6 of the Types Table in Part 3 of Annex 9A, any country other than any part of the British Islands;

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

(aa) the Bailiwick of Guernsey;

(bb) the Bailiwick of Jersey;

(cc) the Isle of Man;]

(g) ‘the TMA’ means the Trade Marks Act 1994 M2 ;

(h) ‘the Types Table’ means the table in Part 3 of Annex 9A.

F6 1b.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3) After Article 93 insert the new Article 93a in Part 1 of Schedule 3.

(4) After Article 102 insert the new Articles 102a and 102b in Part 2 of Schedule 3.

(5) After Annex 9 insert the new Annex 9A in Part 3 of Schedule 3.

Textual Amendments

F1 Words in reg. 20(2) substituted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(5)(a)(i)

F2 Words in reg. 20(2) inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(5)(a)(ii)

F3 “The TMA” is defined in Article 93(1a)(g).

F4 Words in reg. 20(2) inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(5)(a)(iii)

F5 Words in reg. 20(2) inserted (31.12.2020 immediately before IP completion day) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(5)(a)(iv)

F6 Words in reg. 20(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(2)(b), 16(5)(b)

Commencement Information

I1 Reg. 20 in force at 31.12.2020, see reg. 1(7)

Marginal Citations

M1 OJ No. L 347, 20.12.2013, p. 671, to which there are amendments not relevant to this instrument.

M2 1994 c. 26. Section 49(1) was substituted by S.I. 2018/825. Section 50(1) was amended by S.I. 2018/825. Section 75 was amended by the Crime and Courts Act 2013 (c. 22), Schedule 9, paragraph 134, S.I. 2005/587. Section 76(6) was inserted by S.I. 2005/587. Schedule 2A is prospectively inserted in the Trade Marks Act 1994 on IP completion day by S.I. 2019/269. Schedule 2B is prospectively inserted in the Trade Marks Act 1994 on IP completion day by S.I. 2019/638.