Article 109 Delegated powers

United Kingdom

In order to take into account the specific characteristics of the production in the demarcated geographical area, the F1Secretary of State may make regulations laying down:

(a)

the additional criteria for the demarcation of the geographical area; and

(b)

the restrictions and derogations concerning the production in the demarcated geographical area.

In order to ensure product quality and traceability, the F2Secretary of State may make regulations laying down the conditions under which product specifications may include additional requirements.

In order to ensure the protection of the legitimate rights and interests of producers and operators, the F3Secretary of State may make regulations on:

(a)

the type of applicant that may apply for the protection of a designation of origin or geographical indication;

(b)

the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the F4Secretary of State, the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

(c)

the conditions applicable to trans-border applications;

(d)

the conditions for applications concerning geographical areas in a third country;

(e)

the date from which a protection or an amendment to a protection shall apply;

(f)

the conditions related to amendments to product specificationsF5;

F6(g)

rights to appeal any decision made:

(i)

under Article 99 to reject or approve an application for the protection of a designation of origin or of a geographical indication;

(ii)

to reject or approve an application submitted under Article 105 to amend the product specification of a protected designation of origin or of a protected geographical indication;

(iii)

under Article 106, either to reject or approve an application to cancel a protected designation of origin or a protected geographical indication, or to cancel such protection on the Secretary of State's own initiative,

including the parties who may bring an appeal, the grounds and form of appeal, the appeals procedure, and the identity and powers of the appeal body.

In order to ensure an adequate level of protection, the F7Secretary of State may make regulations about restrictions regarding the protected name.

In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection F8under Regulation (EU) No 1308/2013 prior to F9IP completion day, or for which an application for protection has been made F10under Regulation (EU) No 1308/2013 prior to F11IP completion day, the F12Secretary of State may make regulations for securing, as far as practicable, uninterrupted protection equivalent to that provided by Regulation (EU) No 1308/2013 immediately before IP completion day, and in particular laying down transitional rules concerning:

(a)

wine names recognised by F13... as designations of origin or geographical indications by IP completion day, and wine names for which an application for protection has been made under Regulation (EU) No 1308/2013 prior to IP completion day;

(b)

wines placed on the market or labelled before a specific date; and

(c)

amendments to the product specifications.

Annotations

Textual amendments

F1: Words in Art. 109(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(a)
F2: Words in Art. 109(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(b)
F3: Words in Art. 109(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(i)
F4: Words in Art. 109(3)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(ii)
F5: Art. 109(3)(f): semi-colon substituted for full stop (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(iii)
F6: Art. 109(3)(g) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(c)(iv)
F7: Words in Art. 109(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(d)
F8: Words in Art. 109(5) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(i)
F9: Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(iii)
F10: Words in Art. 109(5) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(ii)
F11: Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(iv)
F12: Words in Art. 109(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(v)
F13: Words in Art. 109(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(10)(e)(vi)