OpenLegislation

Regulation 7 Commission Delegated Regulation (EU) 2019/33

Original text. Later amendments are not shown.

(1)

Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation is amended as follows.

(2)

After Article 1 insert—

“Article 1a

Definitions

In this Regulation:

  • ‘the appropriate authority’ means:

    1. (a)

      in relation to England, the Secretary of State;

    2. (b)

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

    3. (c)

      in relation to Scotland, the Scottish Ministers;

    4. (d)

      in relation to Wales, the Welsh Ministers;

  • ‘the Article 25 Register’ means the register referred to in Article 25 of Implementing Regulation (EU) 2019/34;

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

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

  • ‘third country’ means a country, other than the United Kingdom, and includes:

    1. (a)

      the Bailiwick of Guernsey;

    2. (b)

      the Bailiwick of Jersey;

    3. (c)

      the Isle of Man;

  • ‘relevant legislation’, in relation to the making of regulations referred to in a provision, means:

    1. (a)

      in relation to England, Scotland and Wales, regulations made under the Food Safety Act 1990 using an enabling power in that Act that confers power on the appropriate authority to make regulations about the matter, or for the purpose, specified in the provision in question;

    2. (b)

      in relation to Northern Ireland, regulations made under the Food Safety (Northern Ireland) Order 1991 using an enabling power in that Order that confers power on the Department of Agriculture, Environment and Rural Affairs to make regulations about the matter, or for the purpose, specified in the provision in question.”.

(3)

In Article 4(2) omit the words from “, taking” to the end.

(4)

In Article 5(1)(c) omit the words from “Member States”, in the first place it occurs, to “third”.

(5)

Omit Articles 6 to 8.

(6)

In Article 9—

(a)

in paragraph 2—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

for the words from “it shall inform” to “in a third country” substitute “the Secretary of State must inform the applicant, or, in the case of a third country application, the applicant established in, or the authorities of, that country,”;

(b)

in paragraph 3—

(i)

for “Commission shall make public” substitute “Secretary of State must publish”;

(ii)

for “it” substitute “the Secretary of State”;

(iii)

omit “Member State”;

(iv)

at the end insert (as the second sentence)—

“The list may be published in such manner as appears appropriate to the Secretary of State from time to time.”.

(7)

In Article 10, for “Commission”, in each place it occurs, substitute “Secretary of State”.

(8)

Omit Article 23.

(9)

In Article 24(1) omit “Member State or third”.

(10)

In Article 25(1)—

(a)

omit “the Member State or”;

(b)

after “established in” insert “the United Kingdom or”.

(11)

In Article 26—

(a)

in paragraph 2 omit “of the Member State concerned”;

(b)

after paragraph 2 insert—

“2a.

In the case of an application concerning the United Kingdom, a copy of the legislation referred to in paragraph 2 need not be provided where the title of the relevant legislation is given together with its year and chapter or serial number.”;

(c)

in paragraph 4, for the words from “authorities” to “question” substitute “applicant, in the case of an application concerning the United Kingdom, or, in the case of an application concerning a third country, the authorities of the third country or the applicant established in the third country in question,”.

(12)

In Article 27—

(a)

in paragraph 1—

(i)

in point (b)—

(aa)

in point (i) omit “Union or of the third”;

(bb)

in point (ii) omit “Member State or third”;

(ii)

in point (d), for “Member State’s legislation or” substitute “legislation of the relevant country or, in the case of an application concerning a third country, is”;

(b)

in paragraph 2(a) omit “Member State or third”;

(c)

in paragraph 3, for “Union” substitute “United Kingdom”.

(13)

In Article 28—

(a)

in the heading, for “Commission” substitute “Secretary of State”;

(b)

in paragraphs 1, 2 and 4, for “Commission” substitute “Secretary of State”.

(14)

In Article 29, for “Commission” substitute “Secretary of State”.

(15)

In Article 30—

(a)

in paragraph 1—

(i)

in point (a) omit “Member State or”;

(ii)

in point (b), for “Commission” substitute “Secretary of State”;

(b)

in paragraph 2, for the words from “Member State” to the end substitute “applicant, or, in the case of an application submitted by a third country authority, that authority”.

(16)

In Article 32—

(a)

in paragraph 1(a), for “Commission” substitute “Secretary of State”;

(b)

in paragraph 3, in the first subparagraph—

(i)

for the words from “where national legislation” to “Union,” substitute “in the United Kingdom”;

(ii)

for the words from “under Directive” to the end substitute “in, or under, the Trade Marks Act 1994”.

(17)

Omit Article 33(2).

(18)

In Article 37—

(a)

in paragraph 1, in the first subparagraph, in point (a), for “Commission by a Member State,” substitute “Secretary of State by”;

(b)

in paragraph 2—

(i)

for “Commission” substitute “Secretary of State”;

(ii)

for “it” substitute “the Secretary of State”;

(c)

in paragraph 3, for “Commission” substitute “Secretary of State”.

(19)

In Article 38(2), for the words from “electronic database” to “2019/34” substitute “Article 25 Register”.

(20)

For Article 39 substitute—

“Article 39

Existing protected traditional terms

1.

The Secretary of State must enter the names of established traditional terms on the Article 25 Register.

2.

In this Article ‘established traditional terms’ means traditional terms shown as registered traditional terms under the country name ‘United Kingdom’ on the E-Bacchus wine register maintained by European Commission as that register stood immediately before exit day.”.

(21)

In Article 42—

(a)

in paragraph 1, for “Union” substitute “United Kingdom”;

(b)

in paragraph 2—

(i)

for “Member States may” substitute “the Secretary of State may, by administrative decision,”;

(ii)

for “Union labelling and presentation rules in force” substitute “labelling and presentation rules in retained EU law”.

(22)

In Article 50—

(a)

in paragraph 1—

(i)

in the words before point (a), for “Union” substitute “United Kingdom”;

(ii)

in point (b)—

(aa)

omit the first subparagraph;

(bb)

in the second subparagraph, for the words from “Member States” to “Regulation (EU) No 1308/2013” substitute “wines produced in the United Kingdom”;

(b)

in paragraph 2, in the second subparagraph omit the words from “and the equivalent” to “languages”.

(23)

In Article 51—

(a)

in the first paragraph—

(i)

in the words before point (a), for the words from “Member States” to “‘varietal wine’” substitute “nothing in this Regulation prevents the appropriate authority from making regulations under the relevant legislation permitting the use of the term ‘varietal wine’ on grapevine products produced in the United Kingdom,”;

(ii)

in point (a), for “of the Member State(s) concerned” substitute “‘United Kingdom’”;

(b)

in the third paragraph, for the words from “name(s)” to the end substitute “name ‘United Kingdom’ or the name of a third country”;

(c)

in the fourth paragraph, for “of the Member State” substitute “‘United Kingdom’”.

(24)

In Article 52—

(a)

in paragraph 4, for “by the Member States or” substitute “in relation to a constituent nation of the United Kingdom, by law, or, in relation to a third country, are”;

(b)

after paragraph 4 insert—

“5.

For the purpose of paragraph 4, in relation to a constituent nation of the United Kingdom, ‘by law’ includes regulations made under the relevant legislation.”.

(25)

In Article 53(2), in the first subparagraph omit “Member States and”.

(26)

In Article 55(2)—

(a)

in the first subparagraph omit the second sentence;

(b)

omit the third subparagraph.

(27)

In Article 57—

(a)

in paragraph 1, in the first subparagraph, in the words before point (a), and in the second subparagraph, for “Union” substitute “United Kingdom”;

(b)

in paragraph 2, for “Member States may decide” substitute “nothing in this Regulation prevents regulations from being made under the relevant legislation to provide”.

(28)

In Article 58—

(a)

in the heading omit “laid down by the producing Member States”;

(b)

omit paragraph 1;

(c)

in paragraph 2, for “Member States may” substitute “Nothing in this Regulation prevents regulations from being made under the relevant legislation to”;

(d)

in paragraph 3—

(i)

for “Member State may decide” substitute “nothing in this Regulation prevents regulations from being made under the relevant legislation”;

(ii)

at the end insert “where those grapevine products do not bear a protected designation of origin or geographical indication”;

(e)

for paragraph 4 substitute—

“4.

For control purposes, nothing in this Regulation prevents regulations from being made under the relevant legislation to apply Articles 118, 119(1) (other than point (b)) and 120(1) (other than point (d)) to products to which paragraph 5 applies.

5.

This paragraph applies to grapevine products bottled in the territory of the appropriate authority that do not bear a protected designation of origin or geographical indication and have not been placed on the market.”.

(29)

For Article 61 substitute—

“Article 61

Transitional provisions

1.

Products to which paragraph 2 applies may be marketed until stocks are exhausted.

2.

This paragraph applies to grapevine products:

(a)

placed on the market, or labelled without being placed on the market, in the United Kingdom before 14th January 2019,

(b)

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

(c)

that comply with the requirements of Regulation 607/2009 as those requirements had effect immediately before Regulation 607/2009 was repealed by this Regulationf1 as it stood before its incorporation into domestic law by section 3 of the European Union (Withdrawal) Act 2018.

3.

Products to which paragraph 4 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.

4.

This paragraph applies to grapevine products:

(a)

placed on the market, or labelled without being placed on the market, in the United Kingdom, before the relevant day,

(b)

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

(c)

that comply with the requirements of this Regulation as it stood before its incorporation into domestic law by section 3 of the European Union (Withdrawal) Act 2018.

5.

In this Article:

‘Regulation 607/2009’ means Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector productsf2;

‘the relevant day’ means the day that falls 21 months after the day on which exit day falls.”.

(30)

After Article 62 omit the words from “This Regulation” to “Member States.”.

(31)

In Annex 1, for Part A substitute—

“PART A

Terms referred to in Article 41(1)

Terms concerning sulphites/sulfites:

  • ‘sulphites’ or ‘sulfites’

  • ‘sulphur dioxide’ or ‘sulfur dioxide’

Terms concerning eggs and egg-based products:

  • ‘egg’

  • ‘egg protein’

  • ‘egg product’

  • ‘egg lysozyme’

  • ‘egg albumin’

Terms concerning milk and milk-based products:

  • ‘milk’

  • ‘milk products’

  • ‘milk casein’ or ‘milk protein’”.

(32)

For Annexes 2 and 3 substitute—

“ANNEX 2

Words referred to in point (b) of the second subparagraph of Article 46(3)

Words authorised instead of ‘producer’: ‘processor’ or ‘winemaker’

Words authorised instead of ‘produced by’: ‘processed by’ or ‘made by’

ANNEX 3

Indication of the sugar content

PART A

List of terms referred to in Article 47(1), to be used for sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine

TermsConditions of use
extra dryIf its sugar content is between 12 and 17 grams per litre.
dryIf its sugar content is between 17 and 32 grams per litre.
medium dryIf its sugar content is between 32 and 50 grams per litre.
mild, sweetIf its sugar content is greater than 50 grams per litre.

PART B

List of terms referred to in Article 52(1), to be used for used for products other than those listed in Part A

TermsConditions of use
dry

If its sugar content does not exceed:

  • 4 grams per litre, or

  • 9 grams per litre, provided that the total acidity expressed as grams of tartaric acid per litre is not more than 2 grams below the residual sugar content.

medium dry

If its sugar content exceeds the maximum permitted but does not exceed:

  • 12 grams per litre, or

  •  18 grams per litre, provided that the total acidity expressed as grams of tartaric acid per litre is not more than 10 grams below the residual sugar content.

medium, medium sweetIf its sugar content exceeds the maximum permitted but does not exceed 45 grams per litre.
sweetIf its sugar content is at least 45 grams per litre.

”.

Annotations

Footnotes

f1

OJ No. L 9, 11.1.2019, p. 2.

f2

OJ No. L 193, 24.7.2009, p. 60, repealed by Commission Delegated Regulation (EU) 2019/33 (OJ No. L 9, 11.1.2019, p. 2) and as last amended, before its repeal, by Commission Delegated Regulation (EU) 2018/273 (OJ No. L 58, 28.2.2018, p. 1).