Article 90 Checks related to designation of origin and geographical indications and protected traditional terms

United Kingdom

F1The relevant authority shall take the necessary steps to stop unlawful use of protected designations of origin, protected geographical indication and protected traditional terms referred to in Regulation (EU) No 1308/2013.

F2The relevant authority shall designate the competent authority responsible for carrying out the checks in respect of the obligations laid down in Section II of Chapter I of Title II of Part 2 of Regulation (EU) No 1308/2013 in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council^f1 and shall ensure that any operator complying with those obligations is entitled to be covered by a system of checks.

F3In this Article, ‘relevant authority’ means:

(a))

in England, the Secretary of State;

(b))

in Wales, the Welsh Ministers;

(c))

in Scotland, the Scottish Ministers.

Within F4Great Britain, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine shall be ensured by the competent authority referred to in paragraph 2 or by one or more control bodies within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation.

The F5Secretary of State may make regulations concerning the following:

F6(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

rules on the authority responsible for the verification of compliance with the product specification, including where the geographical area is in a third country;

(c)

the actions to be implemented F7... to prevent the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms;

(d)

the checks and verification to be carried out F8..., including testing.

F9...

Annotations

Textual amendments

F1: Words in Art. 90 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(a) (as inserted by S.I. 2019/812, regs. 1, 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 90 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(aa) (as inserted by S.I. 2019/812, regs. 1, 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 90(2) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(ab) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(j)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 90(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(j)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 90(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(a); 2020 c. 1, Sch. 5 para. 1(1)
F6: Art. 90(4)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(b); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Art. 90(4)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(c); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in Art. 90(4)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(c); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Art. 90(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(d); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).