{
  "url": "https://openlegislation.uk/agricultural-products-food-and-drink-amendment-eu-exit-regulations-2019-expirednot-approved/schedule-3/part-3",
  "json_url": "https://openlegislation.uk/agricultural-products-food-and-drink-amendment-eu-exit-regulations-2019-expirednot-approved/schedule-3/part-3.json",
  "legislation": "uksi/2019/1366",
  "legislation_title": "The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019 (expired—not approved)",
  "legislation_url": "https://openlegislation.uk/agricultural-products-food-and-drink-amendment-eu-exit-regulations-2019-expirednot-approved",
  "path": "schedule/3/part/3",
  "kind": "part",
  "number": "3",
  "heading": "New Annex 2A",
  "text": "“ANNEX 2A\nTYPES OF GEOGRAPHICAL INDICATION TO WHICH ARTICLE 19A APPLIES\nPART A\nTYPES OF GEOGRAPHICAL INDICATION (THE TYPES TABLE)\nColumn 1Row No.\nColumn 2The name, or a description, of the geographical indication\nColumn 3Type A provisions\nColumn 4Type B provisions\nColumn 5The specified date\n1.\nA geographical indication that:\n(a) relates to a geographical area in a third country,\n(b) was protected in the European Union immediately before exit day pursuant to an EUIA to which the European Union and the third country were contracting parties, and\n(c) must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties.\n1. A geographical indication\nthat is on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted and is entered on that register pursuant to the second paragraph of Article 21.\n2. A geographical indication that is not on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted but must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the paragraph 1 trade mark application is accepted.\nA geographical indication that is not on the United Kingdom's GIs Register when the relevant trade mark application is accepted but must be protected in the United Kingdom pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the relevant trade mark application is accepted.\nThe relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.\n2.\nA geographical indication that:\n(a) relates to a geographical area in a third country, and\n(b) was protected in the European Union immediately before exit day pursuant to an EUIA to which the European Union and the third country were contracting parties.\n1. A geographical indication that is on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted and is entered on that register following the approval of an application to register the geographical indication submitted to the Secretary of State under Article 11 during the relevant period.\n2. A geographical indication:\n(a) that is not on the United Kingdom's GIs Register when the paragraph 1 trade mark application is accepted,\n(b) for which an application to register the geographical indication is submitted to the Secretary of State under Article 11 during the relevant period, and\n(c) for which an Article 16 approval notice relating to the application is published before the paragraph 1 trade mark application is accepted.\nA geographical indication:\n(a) that is not on the United Kingdom's GIs Register when the relevant trade mark application is accepted, and\n(b) for which an application to register the geographical indication is submitted to the Secretary of State under Article 11 during the relevant period and that application:\n(i) is not submitted before the relevant trade mark application is accepted, or\n(ii) is submitted before the relevant trade mark application is accepted but for which an Article 16 notice relating to the application to register the geographical indication is not published before the relevant trade mark application is accepted.\nThe relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.\n3.\nThe following geographical indications:\n(a) Nürnberger Glühwein;\n(b) Samoborski bermet;\n(c) Thüringer Glühwein;\n(d) Vermouth de Chambéry;\n(e) Vermouth di Torino.\nSee the entry in row 2 of this column.\nSee the entry in row 2 of this column.\n1. In the case of the following geographical indications, 17th December 1991:\n(a) Nürnberger Glühwein;\n(b) Vermouth de Chambéry;\n(c) Vermouth di Torino.\n2. In the case of Thüringer Glühwein, 2nd November 1996.\n3. In the case of Samoborski bermet, 1st July 2013.\n1 In the table in this Part:\n(a) ‘an Article 16 notice’ means a notice published by the Secretary of State under the second paragraph of Article 16;\n(b) ‘the European Commission's GIs Register’ means the register maintained by the European Commission under Article 21 of EU Regulation 251/2014 ;\n(c) ‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 19a(1);\n(d) ‘the relevant trade mark application’ means the trade mark application referred to in Article 19a(2) or (3)(a), as relevant;\n(e) ‘the relevant EUIA-based date’ means the relevant EUIA-based date determined in accordance with Part B.\nPART B\nTHE RELEVANT EUIA-BASED DATE\n2 In the table in Part A, in a case where the relevant EUIA-based date applies, the relevant EUIA-based date means:\n(a) the date provided for in paragraph 3, or\n(b) where paragraph 3 does not apply, the date provided for in the relevant point of paragraph 4, as relevant to the geographical indication.\n3 In a case where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to a geographical indication contained priority provisions that applied to the geographical indication, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that geographical indication.\n4 In a case of a type 1 or 2 geographical indication to which paragraph 3 does not apply, the relevant EUIA-based date is:\n(a) in a case where the geographical indication was protected in the European Union immediately before exit day pursuant to an amendment made to the EUIA (without the need for further action to be taken under the EUIA), the date on which the amendment entered into force;\n(b) in a case where the geographical indication was protected in the European Union immediately before exit day pursuant to a provision in the EUIA that was provisionally applied before exit day (without the need for further action to be taken under the EUIA), the date on which the provision was provisionally applied;\n(c) in a case where the geographical indication was protected in the European Union immediately before exit day pursuant to an amendment made to the EUIA that was provisionally applied before exit day (without the need for further action to be taken under the EUIA), the date on which the amendment was provisionally applied;\n(d) in a case of a geographical indication that was protected in the European Union immediately before exit day following the submission and processing of a request, or application, for protection or assessment (however described) under a provision in the EUIA providing for such requests, or applications, the date the request, or application, for protection or assessment was submitted under the EUIA;\n(e) in any other case, including a case where the geographical indication was protected in the European Union immediately before exit day pursuant to provisions in the EUIA that applied from the date that the EUIA entered into force (without the need for further action to be taken under the EUIA), the date on which the relevant EUIA entered into force.\n5 Any reference in this Part to:\n(a) ‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including:\n(i) a calendar date specified in the EUIA;\n(ii) a date relating to the happening of a specified event;\n(b) ‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and geographical indications and that provided (however expressed):\n(i) that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was filed after a date provided for in the EUIA,\n(ii) that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was filed after a date provided for in the EUIA, or\n(iii) for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii);\n(c) ‘without the need for further action to be taken under the EUIA’, in relation to a geographical indication protected in the European Union immediately before exit day pursuant to an EUIA, means that the provisions in the EUIA providing for the geographical indication to be protected in the European Union did not require a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the geographical indication or require an assessment to be carried out under the EUIA in relation to the geographical indication.”",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "The European Commission's register of geographical indications of aromatised drinks based on wine products is available electronically from https://ec.europa.eu/info/sites/info/files/food-farming-fisheries/food_safety_and_quality/documents/register-gi-aromatised-wine-products_en.pdf. A hard copy of the register as it stood immediately before exit day is available for inspection free of charge at the offices of the Department for Environment, Food and Rural Affairs, Second Floor, Seacole Block, 2 Marsham Street, London SW1P 4DF."
    },
    {
      "type": "X",
      "label": "X1",
      "text": "This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1366/schedule/3/part/3",
    "retrieved_at": "2026-10-28T22:36:29.453048+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}