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

PART 1 Article 2: new points (4) to (19)

“(4) ‘EU Regulation 251/2014’ means Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products(1) as it had effect before IP completion day;

(5) ‘an Article 16 approval notice’ means a notice published under the second paragraph of Article 16 relating to a decision of the Secretary of State to grant an application to protect a geographical indication;

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

(7) ‘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;

(8) ‘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;

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

(10) ‘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;

(12) ‘FTT’ means the First-tier Tribunal;

(13) ‘Great Britain’s GIs Register’ means the register established and maintained by the Secretary of State pursuant to Article 21;

(14) ‘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 25, or following the submission of an application under Article 11, 13a or 24, or a request submitted under Article 25, means the person who submitted the application or request;

(15) ‘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;

(16) ‘retained EU law’ has the meaning given in section 6(7) of the EUWA but does not include any legislation so far as it extends to Northern Ireland;

(17) ‘third country’ means any country, other than the United Kingdom, and, except in the definition of ‘EUIA’ in point (10) and in Annex 2A, includes:

(a) the Bailiwick of Guernsey;

(b) the Bailiwick of Jersey;

(c) the Isle of Man;

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

(19) ‘the Types Table’ means the table in Part C of Annex 2A.”

(1)

OJ No. L 84, 20.3.2014, p. 14.