Article 114 Delegated powers

United Kingdom

In order to ensure an adequate level of protection, the F1Secretary of State may make regulations regarding the language and the spelling of the traditional term to be protected.

In order to ensure the protection of the legitimate rights and interests of producers and operators, the F2Secretary of State may make regulations establishing:

(a)

the type of applicants that may apply for the protection of a traditional term;

(b)

the conditions of validity of an application for protection of a traditional term;

(c)

the grounds for objecting to a proposed recognition of a traditional term;

(d)

the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

(e)

the grounds for cancellation of a traditional term;

(f)

the date of submission of an application or of a request for objection or cancellation;

(g)

the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the F3Secretary of State, the objection procedure and the procedures on cancellation and modificationF4;

F5(h)

the circumstances in which an interested party may appeal any decision to:

(i)

reject or approve an application for the protection of a traditional term;

(ii)

reject or approve an application for the modification of the protection of a traditional term;

(iii)

either reject or approve an application for the cancellation of the protection of a traditional term, or to cancel such protection on the Secretary of State's own initiative.

In order to take into account the specific characteristics of trade between F6Great Britain and certain third countries, the F7Secretary of State may make regulations laying down the conditions under which traditional terms may be used on products from third countries and providing for derogations from Article 112 and Article 113(2).

Annotations

Textual amendments

F1: Words in Art. 114(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(13)(a)
F2: Words in Art. 114(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(13)(b)(i)
F3: Words in Art. 114(2)(g) 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(13)(b)(ii)
F4: Art. 114(2)(g): 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(13)(b)(iii)
F5: Art. 114(2)(h) 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(13)(b)(iv)
F6: Words in Art. 114(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(13)(c)(i)
F7: Words in Art. 114(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(13)(c)(ii)