SCHEDULE 8Commission Delegated Regulation (EU) 2019/33: new provisions

PART 5New Article 61

Article 61Transitional measures

1

Without prejudice to Article 41 of the EU withdrawal agreement, products to which paragraphs 2 and 3 apply may be marketed until stocks are exhausted.

2

This paragraph applies to grapevine products that:

a

were labelled in the United Kingdom but not placed on the market in the United Kingdom or a member State before 14th January 2019,

b

do not comply with the requirements in force under this Regulation, and

c

comply with the requirements of Regulation 607/2009 as those requirements had effect immediately before Regulation 607/2009 was repealed by EU Regulation 2019/33.

3

This paragraph applies to grapevine products that:

a

were labelled in the United Kingdom but not placed on the market in the United Kingdom or a member State before IP completion day,

b

do not comply with the requirements in force under this Regulation, and

c

comply with the requirements of EU Regulation 2019/33 as it had effect immediately before IP completion day.

4

Products to which paragraph 5 applies may be marketed:

a

before the relevant day, and

b

in relation to stocks of such products in existence immediately before the relevant day, on and after the relevant day until stocks are exhausted.

5

This paragraph applies to grapevine products that:

a

were labelled without being placed on the market, in the United Kingdom on or after IP completion day and before the relevant day,

b

do not comply with the requirements in force under this Regulation, and

c

comply with the requirements of EU Regulation 2019/33 as it had effect immediately before IP completion day.

6

In this Article:

a

‘making available on the market’ has the meaning given in Article 40(a) of the EU withdrawal agreement;

b

‘placed on the market’ means the first making available on the market of a grapevine product;

c

‘the relevant day’ means the day that falls 21 months after the day on which IP completion day falls.