{
  "url": "https://openlegislation.uk/eu-regulation-2019-33/article-26",
  "json_url": "https://openlegislation.uk/eu-regulation-2019-33/article-26.json",
  "legislation": "eur/2019/33",
  "legislation_title": "Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2019-33",
  "path": "article/26",
  "kind": "article",
  "number": "26",
  "heading": "Admissibility of the application",
  "text": "1. Applications for protection are considered admissible where they are submitted in compliance with Article 25 of this Regulation and Article 21 and Article 30(3) of Implementing Regulation (EU) 2019/34 and are duly completed.\nAn application shall be considered to be duly completed where it contains the following information:\n(a) the name to be protected as a traditional term;\n(b) the type of traditional term, whether it falls under Article 112(a) or (b) of Regulation (EU) No 1308/2013;\n(c) the language in which the name to be protected as a traditional term is expressed;\n(d) the grapevine product category or categories concerned;\n(e) a summary of the definition and conditions of use;\n(f) the protected designations of origin or protected geographical indications concerned.\n2. The application shall be accompanied by a copy of the legislation ... or rules applicable to wine producers in the ... country or countries concerned, governing the use of the term in question, and a reference to the publication of that legislation or those rules.\n2a. In the case of an application concerning a term originating in Great Britain, a copy of an enactment need not be provided under paragraph 2 where the title of the enactment is given together with its year and chapter, serial or other identifying number.\n2b. In the case of an application concerning a term originating in Northern Ireland, a copy of the following enactments need not be provided under paragraph 2 where the title of the relevant enactment is given together with its year and chapter, serial or other identifying number:\n(a) an Act that extends to Northern Ireland, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under such an Act that extends to Northern Ireland;\n(b) Northern Ireland legislation and an enactment contained in an instrument made under Northern Ireland legislation but not any legislation that forms part of the domestic law of Northern Ireland by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.\n3. If the application is not duly completed or if the documents referred to in paragraph 2 have not been provided with the application, the application shall be inadmissible.\n4. Where the application is inadmissible, the applicant, in the case of an application concerning a term originating in the United Kingdom, or, in the case of an application concerning a term originating in a third country, the authorities of the third country or the applicant established in the third country in question, shall be informed of the reasons for its inadmissibility and that they are entitled to submit another application duly completed.\n5. In paragraph 2a, ‘enactment’ means the following legislation whenever passed or made:\n(a) an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland;\n(b) assimilated direct legislation, except to the extent that it extends to Northern Ireland;\n(c) an Act of the Scottish Parliament, and an enactment contained in an instrument made under an Act of the Scottish Parliament;\n(d) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 26(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(21)(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Art. 26(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(21)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 26(2a)(2b) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(21)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 26(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(21)(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 26(5) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(21)(d)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 26(5)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 126(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2019/33/article/26",
    "retrieved_at": "2026-11-01T14:43:39.666035+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."
}