1S T A T U T O R Y  I N S T R U M E N T S  
2020 No. 1637 
EXITING THE EUROPEAN UNION 
AGRICULTURE 
FOOD 
INTELLECTUAL PROPERTY 
TRIBUNALS AND INQUIRIES 
The Agricultural Products, Food and Drink (Amendmen t etc.) 
(EU Exit) Regulations 2020 
Made - - - - at 1.10 p.m. on 29th December 2020 
Coming into force in accordance with regulation 1 
CONTENTS 
PART 1 
Introductory 
 
1. Citation, commencement and extent 
 
PART 2 
Amendment of subordinate legislation: amendments co ming into force in accordance with 
regulation 1(5) 
 
2. The Quality Schemes (Agricultural Products and F oodstuffs) Regulations 2018 
 
PART 3 
Amendment of subordinate legislation: amendments co ming into force immediately before IP 
completion day 
 
3. The Trade Marks (Amendment etc.) (EU Exit) Regul ations 2019 
4. The Food and Farming (Amendment) (EU Exit) Regul ations 2019 
5. The Environment, Food and Rural Affairs (Amendme nt) (EU Exit) Regulations 
2019 
6. The Food and Drink, Veterinary Medicines and Res idues (Amendment etc.) (EU 
Exit) Regulations 2019  2 
PART 4 
Amendment of subordinate legislation: amendments co ming into force on IP completion day 
CHAPTER 1 
Amendment of subordinate legislation extending to t he United Kingdom 
7. The Spirit Drinks Regulations 2008 
8. The Tribunal Procedure (First-tier Tribunal) (Ge neral Regulatory Chamber) Rules 
2009 
9. The Wine Regulations 2011 
 
CHAPTER 2 
Amendment of subordinate legislation so far as it e xtends to Great Britain 
10. The Spirit Drinks Regulations 2008 
11. The Wine Regulations 2011 
12. The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 
 
CHAPTER 3 
Amendment of subordinate legislation so far as it e xtends to Northern Ireland 
13. The Spirit Drinks Regulations 2008 
14. The Wine Regulations 2011 
15. The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 
 
PART 5 
Amendment of retained direct EU legislation 
 
16. Commission Regulation (EC) No 2870/2000 
17. Regulation (EC) No 110/2008 of the European Par liament and of the Council 
18. Regulation (EU) No 1151/2012 of the European Pa rliament and of the Council 
19. Commission Implementing Regulation (EU) No 716/ 2013 
20. Regulation (EU) No 1308/2013 of the European Pa rliament and of the Council 
21. Regulation (EU) No 251/2014 of the European Par liament and of the Council 
22. Commission Delegated Regulation (EU) No 664/201 4 
23. Commission Implementing Regulation (EU) No 668/ 2014 
24. Commission Delegated Regulation (EU) 2018/273 
25. Commission Implementing Regulation (EU) 2018/27 4 
26. Commission Delegated Regulation (EU) 2019/33 
27. Commission Implementing Regulation (EU) 2019/34  
28. Regulation (EU) 2019/787 of the European Parlia ment and of the Council 
29. Commission Delegated Regulation (EU) 2019/934 
30. Commission Implementing Regulation (EU) 2019/93 5 
31. Regulation (EU) 2019/1753 of the European Parli ament and of the Council 
32. Commission Implementing Regulation (EU) 2020/19 8 
 
 SCHEDULE 1 — Regulation (EC) No 110/2008 of the Eu ropean Parliament and 
of the Council: new Articles 25 to 25c 
 SCHEDULE 2 — Regulation (EU) No 1151/2012 of the E uropean Parliament and 
of the Council: new provisions 
 PART 1 — Article 3: new definitions  3 PART 2 — New Article 3a 
 PART 3 — New Articles 14a and 14b 
 PART 4 — New Article 52a 
 PART 5 — New Title 5A 
 PART 6 — New Article 56 
 PART 7 — New Annexes 1A and 1B 
 SCHEDULE 3 — Regulation (EU) No 1308/2013 of the E uropean Parliament and 
of the Council: new provisions 
 PART 1 — New Article 93a 
 PART 2 — New Articles 102a and 102b 
 PART 3 — New Annex 9A 
 SCHEDULE 4 — Regulation (EU) No 251/2014 of the Eu ropean Parliament and 
of the Council: new provisions 
 PART 1 — Article 2: new points (4) to (19) 
 PART 2 — New Article 9a 
 PART 3 — New Articles 19a and 19b 
 PART 4 — Article 21: new paragraphs 2 to 10 
 PART 5 — New Articles 25a and 25b 
 PART 6 — New Article 33 
 PART 7 — Annex 1, point (5): new subparagraph 
 PART 8 — New Annexes 2A and 2B 
 SCHEDULE 5 — Commission Delegated Regulation (EU) No 664/2014: new 
provisions 
 PART 1 — Article 6: new paragraphs 4 to 4o 
 PART 2 — New Annex 
 SCHEDULE 6 — Commission Implementing Regulation (E U) No 668/2014: new 
provisions 
 PART 1 — Article 14: new paragraphs 3 to 3n and 4 to 6 
 PART 2 — New Articles 14a and 14b 
 SCHEDULE 7 — Commission Delegated Regulation (EU) 2018/273: new 
provisions 
 PART 1 — Annex 6, Part 2, Section A: new template for the wine export 
certificate referred to in Article 12(1)(b) 
 PART 2 — Annex 7: new Parts 1 and 2 
 SCHEDULE 8 — Commission Delegated Regulation (EU) 2019/33: new 
provisions 
 PART 1 — New Articles 1a and 1b 
 PART 2 — Article 18: new paragraphs 1 to 1n 
 PART 3 — New Articles 32a and 32b 
 PART 4 — Chapter 3: new Section 6 
 PART 5 — New Article 61 
 PART 6 — New Annexes A1 and A2 
 PART 7 — Annex 1: new Part A 
 PART 8 — New Annexes 2 and 3 
 SCHEDULE 9 — Commission Implementing Regulation (E U) 2019/34: new 
provisions 
 PART 1 — New Article 1a 
 PART 2 — Article 12: new paragraphs 2 to 2l 
 PART 3 — New Article 12a 
 PART 4 — New Article 25a  4 SCHEDULE 10 — Regulation (EU) 2019/787 of the Euro pean Parliament and of 
the Council: new provisions 
 PART 1 — Article 3: new points (8) to (15) 
 PART 2 — New Chapter 4 
 PART 3 — New Annex 2 
The Secretary of State makes these Regulations in e xercise of the powers conferred: 
(a)  in relation to Part 2, and Part 1 so far as it rela tes to Part 2, by section 2(2) of the 
European Communities Act 1972( a); 
(b)  otherwise, by sections 8(1) and 8C of, and paragrap h 21 of Schedule 7 to, the European 
Union (Withdrawal) Act 2018( b). 
As regards regulation 2, the Secretary of State is a Minister designated for the purposes of section 
2(2) of the European Communities Act 1972 in relati on to: 
(a)  the common agricultural policy of the European Unio n(c); 
(b)  food and drink intended for sale for human consumpt ion, including the presentation, 
packaging, labelling, marketing and advertising of such food and drink( d); 
(c)  intellectual property (including both registered an d unregistered rights)( e). 
In accordance with paragraphs 1(1) and 8F(1) of Sch edule 7 to the European Union (Withdrawal) 
Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution 
of each House of Parliament. 
PART 1 
Introductory 
Citation, commencement and extent 
1. —(1) These Regulations may be cited as the Agricult ural Products, Food and Drink 
(Amendment etc.) (EU Exit) Regulations 2020. 
(2)  Subject to paragraphs (3) and (4), an amendment or revocation made by these Regulations 
has the same extent as the provision being amended or revoked. 
(3)  Regulations 10 to 12 extend to Great Britain. 
(4)  Regulations 13 to 15 extend to Northern Ireland. 
(5)  This regulation and regulation 2 come into force— 
(a)  on the 21st day after the day on which these Regula tions are made, or 
(b)  if earlier, immediately before IP completion day. 
                                                                                                                                            
(a) 1972 c. 68 (“the ECA 1972”). Section 2(2) of the ECA 1972 was amended by section 27(1)(a) of the Leg islative and 
Regulatory Reform Act 2006 (c.51) and by section 3( 3) of, and Part 1 of the Schedule to, the European Union (Amendment) 
Act 2008 (c.7). The ECA 1972 is repealed on exit da y by the European Union (Withdrawal) Act 2018 (c. 1 6) (“the EUWA 
2018”), but continues to have effect until IP compl etion day pursuant to section 1A of the EUWA 2018, inserted by section 
1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). For the meaning of “IP completion day”  see section 39 
of the European Union (Withdrawal Agreement) Act 20 20. See Part 3 of Schedule 8 to the EUWA 2018 as re gards savings 
and transitional provisions in respect of the ECA 1 972. 
(b) 2018 c. 16, amended by the European Union (Withdr awal Agreement) Act 2020 (c. 1). 
(c) S.I. 1972/1811. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force o n IP completion day 
by virtue of paragraph 1 of Schedule 5 to the Europ ean Union (Withdrawal Agreement) Act 2020. 
(d) S.I. 2005/2766. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force o n IP completion day 
by virtue of paragraph 1 of Schedule 5 to the Europ ean Union (Withdrawal Agreement) Act 2020. 
(e) S.I. 2006/608. This instrument is prospectively r evoked by S.I. 2018/1011, which comes into force on  IP completion day by 
virtue of paragraph 1 of Schedule 5 to the European  Union (Withdrawal Agreement) Act 2020.   5(6)  Part 3 comes into force immediately before IP compl etion day. 
(7)  Except as provided for in paragraphs (5) and (6), t hese Regulations come into force on IP 
completion day. 
PART 2 
Amendment of subordinate legislation: amendments co ming into force in accordance 
with regulation 1(5) 
The Quality Schemes (Agricultural Products and Food stuffs) Regulations 2018 
2. —(1) The Quality Schemes (Agricultural Products and  Foodstuffs) Regulations 2018( a) are 
amended as follows. 
(2)  In regulation 2(2), for the definition of “Regulati on 1151/2012” substitute— 
“Regulation 1151/2012” means Regulation (EU) No 115 1/2012 of the European 
Parliament and of the Council on quality schemes fo r agricultural products and 
foodstuffs( b);”. 
(3)  In regulation 3(2)(a) (the competent authority etc. ) omit “38,”. 
(4)  Omit regulation 5 (delegation to control bodies). 
PART 3 
Amendment of subordinate legislation: amendments co ming into force immediately 
before IP completion day 
The Trade Marks (Amendment etc.) (EU Exit) Regulati ons 2019 
3.  In the Trade Marks (Amendment etc.) (EU Exit) Regu lations 2019( c), in Schedule 5, after 
paragraph 7(1) insert— 
“(1A) Sub-paragraph 1 does not apply to an applicat ion to register a trade mark that was 
pending immediately before the coming into force of  these Regulations referred to in— 
(a) Article 14a of Regulation (EU) No 1151/2012 of the European Parliament and of 
the Council on quality schemes for agricultural pro ducts and foodstuffs( d); 
                                                                                                                                            
(a) S.I. 2018/1275, amended by S.I. 2019/1488. Prospe ctive amendments were included in S.I. 2019/865. Th ey would have 
come into force on IP completion day. Those prospec tive amendments are omitted by regulation 6 of this  instrument. They 
are replaced, in relation to Great Britain, on IP c ompletion day with the amendments in regulation 12 of this instrument. 
They are replaced, in relation to Northern Ireland,  on IP completion day with the amendments in regula tion 15 of this 
instrument.  
(b) OJ No. L 343, 14.12.2012, p. 1, last amended by R egulation (EU) 2017/625 of the European Parliament and of the Council 
on official controls and other official activities performed to ensure the application of food and fee d law, rules on animal 
health and welfare, plant health and plant protecti on products (OJ No L 95, 7.4.2017, p. 1). 
(c) S.I. 2019/269. 
(d) EUR 2012/1151. Prospective amendments were includ ed in S.I. 2019/865. Those amendments would have co me into force 
on IP completion day. They are omitted by regulatio n 6 of this instrument and replaced, in relation to  Great Britain, on IP 
completion day with the amendments in regulation 18  of, and Schedule 2 to, this instrument. Article 14 a is inserted in EUR 
2012/1151 on IP completion day by Part 3 of Schedul e 2 to this instrument. See the footnote for the re ference to EUR 
2012/1151 in the paragraph inserted in S.I. 2009/19 76 by regulation 8 of this instrument for informati on about the insertion 
of Annex 1B in EUR 2012/1151.  6(b) Article 102a of Regulation (EU) No 1308/2013 of  the European Parliament and of 
the Council establishing a common organisation of t he markets in agricultural 
products( a); 
(c) Article 19a of Regulation (EU) No 251/2014 of t he European Parliament and of 
the Council on the definition, description, present ation, labelling and the protection 
of geographical indications of aromatised wine prod ucts( b); 
(d) Article 32a of Commission Delegated Regulation (EU) 2019/33 supplementing 
Regulation (EU) No 1308/2013 of the European Parlia ment and of the Council as 
regards applications for protection of designations  of origin, geographical 
indications and traditional terms in the wine secto r, the objection procedure, 
restrictions of use, amendments to product specific ations, cancellation of 
protection, and labelling and presentation( c).”. 
The Food and Farming (Amendment) (EU Exit) Regulati ons 2019 
4.  In the Food and Farming (Amendment) (EU Exit) Regu lations 2019( d) omit regulations 2 to 4 
and 6 to 8 and the Schedule. 
The Environment, Food and Rural Affairs (Amendment)  (EU Exit) Regulations 2019 
5.  In the Environment, Food and Rural Affairs (Amendm ent) (EU Exit) Regulations 2019( e) 
omit regulations 3, 5 and 6. 
The Food and Drink, Veterinary Medicines and Residu es (Amendment etc.) (EU Exit) 
Regulations 2019 
6.  In the Food and Drink, Veterinary Medicines and Re sidues (Amendment etc.) (EU Exit) 
Regulations 2019( f) omit regulations 2 to 10 and 12 to 14 and Schedul es 1 to 6. 
                                                                                                                                            
(a) EUR 2013/1308, amended prospectively on IP comple tion day by S.I. 2019/828, 2020/1446, 1452. Article s 95(1A) and 97a 
are prospectively inserted in EUR 2013/1308 on IP c ompletion day by S.I. 2020/1446. Article 99a is pro spectively inserted 
in EUR 1308/2013 on IP completion day by S.I. 2019/ 828, as amended by 2020/1446 immediately before IP completion 
day. Article 102a is inserted in EUR 2013/1308 on I P completion day by Part 2 of Schedule 3 to this in strument. Article 107 
of EUR 2013/1308 is prospectively amended on IP com pletion day by S.I. 2019/828, as amended by S.I. 20 20/1452 
immediately before IP completion day. There are oth er amending instruments but none is relevant. 
(b) EUR 2014/251. Prospective amendments were include d in S.I. 2019/778, 865. They would have come into force on IP 
completion day. Those prospective amendments are om itted by regulations 5 and 6 of this instrument and  replaced, in 
relation to Great Britain, on IP completion day wit h the amendments in regulation 21 of, and Schedule 4 to, this instrument. 
Article 19a is inserted in EUR 2014/251 on IP compl etion day by Part 3 of Schedule 4 to this instrumen t. See the footnote 
for the reference to EUR 2014/251 in the paragraph inserted in S.I. 2009/1976 by regulation 8 of this instrument for 
information about the insertion of Annex 2B in EUR 2014/251. 
(c) EUR 2019/33. Prospective amendments were included  in S.I. 2019/759, 778. They would have come into f orce on IP 
completion day. Those prospective amendments are om itted by regulations 4 and 5 of this instrument and  replaced, in 
relation to Great Britain, on IP completion day wit h the amendments in regulation 26 of, and Schedule 8 to, this instrument. 
Article 32a is inserted in EUR 2019/33 on IP comple tion day by Part 3 of Schedule 8 to this instrument . See the footnote for 
the reference to EUR 2019/33 in the paragraph inser ted in S.I. 2009/1976 by regulation 8 of this instr ument for information 
about the insertion of Annex A2 in EUR 2019/33. 
(d) S.I. 2019/759. 
(e) S.I. 2019/778. 
(f) S.I. 2019/865.  7PART 4 
Amendment of subordinate legislation: amendments co ming into force on IP 
completion day 
CHAPTER 1 
Amendment of subordinate legislation extending to t he United Kingdom 
The Spirit Drinks Regulations 2008 
7. —(1) The Spirit Drinks Regulations 2008( a) are amended as follows. 
(2)  Omit regulation 2 and Schedule 1. 
The Tribunal Procedure (First-tier Tribunal) (Gener al Regulatory Chamber) Rules 2009 
8. —(1) The Tribunal Procedure (First-tier Tribunal) ( General Regulatory Chamber) Rules 
2009( b) are amended as follows. 
(2)  In rule 22— 
(a)  in paragraph (6)— 
(i)  after sub-paragraph (g), insert— 
“(h) in an appeal against an agricultural product o r foodstuff decision, within 28 days 
beginning with the day on which notice of the decis ion is published by the 
Secretary of State under Regulation (EU) No 1151/20 12 of the European 
Parliament and of the Council on quality schemes fo r agricultural products and 
foodstuffs as incorporated into domestic law by sec tion 3(1) of the EUWA; 
(i) in an appeal against an aromatised wine decisio n, within 28 days beginning with 
the day on which on which notice of the decision is  published by the Secretary of 
State under Regulation (EU) No 251/2014 of the Euro pean Parliament and of the 
Council on the definition, description, presentatio n, labelling and the protection of 
geographical indications of aromatised wine product s as incorporated into 
domestic law by section 3(1) of the EUWA;”; 
(ii)  after sub-paragraph (j) insert— 
“(k) in an appeal against a spirit drink decision, within 28 days beginning with the day 
on which notice of the decision is published by the  Secretary of State under 
Regulation (EU) 2019/787 of the European Parliament  and of the Council on the 
definition, description, presentation and labelling  of spirit drinks, the use of the 
names of spirit drinks in the presentation and labe lling of other foodstuffs, the 
protection of geographical indications for spirit d rinks, the use of ethyl alcohol and 
distillates of agricultural origin in alcoholic bev erages( c) as incorporated into 
domestic law by section 3(1) of the EUWA; 
(l) in an appeal against a traditional term wine de cision, within 28 days beginning 
with the day on which notice of the decision is pub lished by the Secretary of State 
under Commission Delegated Regulation (EU) 2019/33 supplementing Regulation 
(EU) No 1308/2013 of the European Parliament and of  the Council as regards 
                                                                                                                                            
(a) S.I. 2008/3206; amended by S.I. 2019/1289. Prospe ctive amendments were included in S.I. 2019/865. Th ey would have 
come into force on IP completion day. Those prospec tive amendments are omitted by regulation 6 of this  instrument and 
replaced, in relation to Great Britain, with the am endments in regulation 10 of this instrument and, i n relation to Northern 
Ireland, with the amendments in regulation 13 of th is instrument. There are other amending instruments  but none is 
relevant. 
(b) S.I. 2009/1976; relevant amending instruments are  S.I. 2010/43 and, prospectively on IP completion d ay, S.I. 2019/758, 
828. Prospective amendments were also included in S .I. 2019/865. They would have come into force on IP  completion day. 
Those prospective amendments are omitted by regulat ion 6 of this instrument and replaced with the amen dments in 
regulation 8 of this instrument. 
(c) EUR 2019/787, amended on IP completion day by reg ulation 28 of, and Schedule 10 to, this instrument.   8applications for protection of designations of orig in, 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 as incorporated into domestic law by s ection 3(1) of the EUWA.”. 
(b)  after paragraph (6) insert— 
“(7) In this rule— 
“agricultural product or foodstuff decision” means a decision of the Secretary of State 
specified in column 1 of the table in Part 2 of Ann ex 1B to Regulation (EU) No 
1151/2012 of the European Parliament and of the Cou ncil(a); 
“aromatised wine decision” means a decision of the Secretary of State specified in 
column 1 of the table in Annex 2B to Regulation (EU ) No 251/2014 of the European 
Parliament and of the Council( b); 
“EUWA” means the European Union (Withdrawal) Act 20 18; 
“spirit drink decision” means a decision of the Sec retary of State specified in column 1 
of the table in Part 2 of Annex 2 to Regulation (EU ) 2019/787 of the European 
Parliament and of the Council( c); 
“traditional term wine decision” means a decision o f the Secretary of State specified in 
column 1 of the table in Annex A2 to Commission Del egated Regulation (EU) 
2019/33( d).”. 
The Wine Regulations 2011 
9. —(1) The Wine Regulations 2011( e) are amended as follows. 
(2)  In regulation 1(3) omit the words from “, and” to t he end. 
(3)  Omit regulation 20. 
CHAPTER 2 
Amendment of subordinate legislation so far as it e xtends to Great Britain 
The Spirit Drinks Regulations 2008 
10. —(1) The Spirit Drinks Regulations 2008 are amended  as follows. 
(2)  In regulation 1— 
(a)  in the heading, for “and commencement” substitute “ , commencement and extent”; 
(b)  number the existing paragraph as paragraph (1); 
(c)  after paragraph (1) (as numbered by sub-paragraph ( b)), insert— 
“(2) They extend to Great Britain.”. 
(3)  In regulation 3(1)— 
(a)  in the definition of “food authority” omit sub-para graph (b); 
(b)  in the definition of “registered geographical indic ation”, for the words from “Annex” to 
“any” substitute “the”; 
(c)  in the definition of “relevant court”, for sub-para graphs (c) and (d) substitute— 
                                                                                                                                            
(a) Annex 1B is inserted in EUR 2012/1151 on IP compl etion day by Part 7 of Schedule 2 of this instrumen t. 
(b) Annex 2B is inserted in EUR 2014/251 on IP comple tion day by Part 8 of Schedule 4 of this instrument . 
(c) Annex 2 is inserted in EUR 2019/787 on IP complet ion day by Part 3 of Schedule 10 to this instrument . 
(d) Annex A2 is inserted in EUR 2019/33 on IP complet ion day by Part 6 of Schedule 8 to this instrument.  
(e) S.I. 2011/2936, amended by S.I. 2013/3235, 2019/5 24, 2020/639. Prospective amendments were included in S.I. 2019/865. 
They would have come into force on IP completion da y. Those prospective amendments are omitted by regu lation 6 of this 
instrument. Those amendments are replaced, in relat ion to Great Britain, on IP completion day with the  amendments in 
regulation 11 of this instrument. They are replaced , in relation to Northern Ireland, on IP completion  day with the 
amendments in regulation 14 of this instrument. The re are other amending instruments but none are rele vant.  9“(a) in relation to England and Wales, a magistrate s’ court; 
(b) in relation to Scotland, a sheriff;”. 
(4)  In regulation 5— 
(a)  in paragraph (1)— 
(i)  after “responsible” insert “in Great Britain”; 
(ii)  after “market”, in both places it occurs, insert “i n Great Britain”; 
(iii)  for “technical file (if any)” substitute “GB produc t specification”. 
(5)  In regulation 6— 
(a)  in paragraph (1) omit “Article 24(1) of”; 
(b)  in paragraph (2)— 
(i)  omit “Article 24(1) of”; 
(ii)  for the words from “being” to the end substitute— 
“being— 
(a) imported into, or exported from, Great Britain;  
(b) moved into Great Britain from Northern Ireland;  
(c) moved from Great Britain into Northern Ireland” ; 
(c)  in paragraph (4), for the words from “being” to the  end substitute— 
“being— 
(a) imported into, or exported from, Great Britain;  
(b) moved into Great Britain from Northern Ireland;  
(c) moved from Great Britain into Northern Ireland” . 
(6)  In regulation 7(2), for the words from “being” to t he end substitute— 
“being— 
(a) imported into, or exported from Great Britain; 
(b) moved into Great Britain from Northern Ireland;  
(c) moved from Great Britain into Northern Ireland” . 
(7)  In regulation 10— 
(a)  for paragraph (2) substitute— 
“(2) The authorised officer may take with them such  other person as they consider 
necessary.”; 
(b)  omit paragraph (14); 
(c)  for paragraph (15) substitute— 
“(15) In this regulation, a reference to a justice of the peace includes, in Scotland, a 
reference to the sheriff.”. 
(8)  For regulation 12(16) substitute— 
“(16) The procedure in a magistrates’ court under t his regulation is by way of complaint, 
and, in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings.”. 
(9)  For regulation 14(2) substitute— 
“(2) The procedure on an appeal to a magistrates’ c ourt under paragraph (1) is by way of 
complaint, and in England and Wales, the Magistrate s’ Courts Act 1980 applies to the 
proceedings.”. 
The Wine Regulations 2011 
11. —(1) The Wine Regulations 2011 are amended as follo ws.  10 (2)  For any reference to “European Regulations” substit ute “retained EU Regulations”. 
(3)  After regulation 1(3) insert— 
“(4) All the other provisions extend to Great Brita in.”. 
(4)  In regulation 2— 
(a)  in paragraph (1)(a), for “EU instruments” substitut e “any of the Regulations listed in the 
definition of “the retained EU Regulations” in para graph (2)”; 
(b)  in paragraph (2)— 
(i)  in the definition of “the Agency”, in sub-paragraph  (a), for “, Wales and Northern 
Ireland” substitute “and Wales”; 
(ii)  omit the definition of “premises” and after the def inition of “authorised officer” 
insert— 
““premises” includes any land or vehicle;”. 
(5)  In regulation 3— 
(a)  for paragraph (1) substitute— 
“(1) The local authority enforces the retained EU R egulations in relation to retail sale.”; 
(b)  omit paragraphs (4) and (8). 
(c)  after paragraph (9) insert— 
“(10) In this regulation— 
(a) “general customs official” means a general cust oms official designated under 
section 3(1) of the Borders, Citizenship and Immigr ation Act 2009( a); 
(b) “local authority” means an authority (other tha n the council of a non-metropolitan 
district) that is a food authority for the purposes  of the Food Safety Act 1990( b).”. 
(6)  In regulation 4— 
(a)  in paragraph (1)— 
(i)  at the beginning insert “In respect of Great Britai n,”; 
(ii)  omit “, and acts as the Member State for,”; 
(b)  in paragraph (2)— 
(i)  in sub-paragraph (a)(i) omit “or Member State”; 
(ii)  omit sub-paragraph (b); 
(c)  in paragraph (3) omit sub-paragraph (b). 
(7)  For regulation 8(4) substitute— 
“(4) An authorised officer entering any premises by  virtue of this regulation or regulation 
9 may be accompanied by such other person as the of ficer considers necessary.”. 
(8)  In regulation 9— 
(a)  in paragraph (1), in the words before sub-paragraph  (a) omit the words from “or in 
Northern” to “writing,”; 
(b)  for paragraph (5) substitute— 
“(5) In this regulation, in Scotland, a reference t o a justice of the peace includes a sheriff. 
”. 
(9)  In regulation 16(2) omit sub-paragraph (d). 
                                                                                                                                            
(a) 2009 c. 11. 
(b) 1990 c. 16; section 5 of the Act was amended by p aragraph 16(1) of Schedule 9 to the Local Governmen t (Wales) Act 1994 
(c. 19), paragraph 163(2) of Schedule 13 to the Loc al Government etc. (Scotland) Act 1994 (c. 39), par agraphs 7, 8 and 9 of 
Schedule 5 to the Food Standards Act 1999 (c. 28) a nd Part 1 of Schedule 3 to the Public Health etc. ( Scotland) Act 2008 
(asp 5).  11 The Quality Schemes (Agricultural Products and Food stuffs) Regulations 2018 
12. —(1) The Quality Schemes (Agricultural Products and  Foodstuffs) Regulations 2018 are 
amended as follows. 
(2)  In regulation 1— 
(a)  in the heading, for “and commencement” substitute “ , commencement and extent”; 
(b)  number the existing paragraph as paragraph (1); 
(c)  after paragraph (1) (as numbered by sub-paragraph ( b)) insert— 
“(2) The following provisions extend to Great Brita in— 
(a) this Part and Parts 2 to 4; 
(b) regulations 22 and 23.”. 
(3)  In regulation 2(1)(b), for “in regulation 3(2)(c)(i v)” substitute “where otherwise specified”. 
(4)  For regulation 3(2) substitute— 
“(2) The Secretary of State is responsible for exer cising the functions of the designated 
authority for the purposes of Articles 13(3), 24(2)  and 34.”. 
(5)  For regulation 6(4) substitute— 
“(4) For the purposes of these Regulations any auth ority (other than the council of a non-
metropolitan district) that is a food authority for  the purposes of the Food Safety Act 1990 
is eligible for appointment as an enforcement autho rity.”. 
(6)  In regulation 10— 
(a)  in paragraph (4)— 
(i)  for the first comma substitute “or”; 
(ii)  omit “or lay magistrate in Northern Ireland”; 
(iii)  for “, sheriff or lay magistrate,” substitute “or s heriff”; 
(b)  for paragraph (8)(a) substitute— 
“(a) be accompanied by such other persons as the au thorised officer considers 
necessary;”. 
(7)  In regulation 12— 
(a)  in paragraph (1)— 
(i)  for sub-paragraph (a) substitute— 
“(a) has marketed, or is marketing or intending to market, a product— 
 (i) under a registered PDO or PGI which has not be en labelled in a way described 
in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that 
Regulation and Article 2 of, and the Annex to, Regu lation 664/2014( a), or 
 (ii) under a registered TSG which has not been lab elled in a way described in 
Article 23 of Regulation 1151/2012 as read with Art icle 25(4) of that 
Regulation and Article 2 of, and the Annex to, Regu lation 664/2014;”. 
(ii)  in sub-paragraph (j), for the words from “or (3)” t o “2 of” substitute “to (3) of 
Regulation 668/2014( b) as read with Article 2 of, and the Annex to,”; 
(b)  in paragraph (2)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may 
be”; 
(c)  in paragraph (3), for “to 17” substitute “and 16”. 
                                                                                                                                            
(a) EUR 2014/664. Prospective amendments were include d in S.I. 2019/865. They would have come into force  on IP 
completion day. Those prospective amendments are om itted by regulation 6 of this instrument and replac ed, in relation to 
Great Britain, on IP completion day with the amendm ents in regulation 22 of, and Schedule 5 to, this i nstrument. 
(b) EUR 2014/668. Prospective amendments were include d in S.I. 2019/865. They would have come into force  on IP 
completion day. Those prospective amendments are om itted by regulation 6 of this instrument and replac ed, in relation to 
Great Britain, on IP completion day with the amendm ents in regulation 23 of, and Schedule 6 to, this i nstrument.  12 (8)  In regulation 13— 
(a)  in paragraph (3)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may 
be”; 
(b)  in paragraph (4), for “to 17” substitute “and 16”. 
(9)  In regulation 14— 
(a)  in paragraph (4)(c)(i), for “, 16 or, as the case m ay be, 17” substitute “or 16 as the case 
may be”; 
(b)  in paragraph (5), for “to 17” substitute “and 16”. 
(10)  Omit regulation 17. 
(11)  In regulation 20, in the words before sub-paragraph  (a), for “to 17” substitute “and 16”. 
(12)  Omit regulation 21. 
(13)  In regulation 22— 
(a)  in paragraph (1)— 
(i)  in sub-paragraph (a), after “years” insert “in Grea t Britain”; 
(ii)  in sub-paragraph (b), for “national opposition proc edure” substitute “opposition 
procedure referred to in Article 51”; 
(b)  in paragraph (2), for the words from “Secretary” to  the end substitute “registration takes 
effect”. 
CHAPTER 3 
Amendment of subordinate legislation so far as it e xtends to Northern Ireland 
The Spirit Drinks Regulations 2008 
13. —(1) The Spirit Drinks Regulations 2008 are amended  as follows. 
(2)  For “relevant court”, in each place it occurs, subs titute “magistrates’ court”. 
(3)  In regulation 1— 
(a)  in the heading, for “and commencement” substitute “ , commencement and extent”; 
(b)  number the existing paragraph as paragraph (1); 
(c)  after paragraph (1) (as numbered by sub-paragraph ( b)), insert— 
“(2) They extend to Northern Ireland.” 
(4)  In regulation 3— 
(a)  for the definition of “food authority” substitute— 
““food authority” means a district council;”; 
(b)  for the definition of “port health authority” subst itute— 
““port health authority” means, in relation to any port health district constituted by order 
under section 2(3) of the Public Health (Control of  Disease) Act 1984( a), the port health 
authority for that district;”; 
(c)  omit the definition of “relevant court”. 
(5)  In regulation 5(1) insert “in Northern Ireland” aft er— 
(a)  “responsible”; 
(b)  “market” in both places it occurs. 
(6)  In regulation 6— 
(a)  in paragraph (2), for the words from “being” to the  end substitute— 
                                                                                                                                            
(a) 1984 c. 22.  13 “being— 
(a) imported into, or exported from, Northern Irela nd; 
(b) moved from Northern Ireland into Great Britain;  
(c) moved into Northern Ireland from Great Britain” ; 
(b)  in paragraph (4), for the words from “being” to the  end substitute— 
“being— 
(a) imported into, or exported from, Northern Irela nd; 
(b) moved from Northern Ireland into Great Britain;  
(c) moved into Northern Ireland from Great Britain” . 
(7)  In regulation 7(2), for the words from “being” to t he end substitute— 
“being— 
(a) imported into, or exported from Northern Irelan d; 
(b) moved from Northern Ireland into Great Britain;  
(c) moved into Northern Ireland from Great Britain” . 
(8)  In regulation 10— 
(a)  for paragraph (2) substitute— 
“(2) The authorised officer may take with them such  other person as they consider 
necessary.”; 
(b)  in paragraph (5), for “justice of the peace” substi tute “lay magistrate”; 
(c)  omit paragraphs (14) and 15. 
(9)  In regulation 12— 
(a)  for paragraph (16) substitute— 
“(16) The procedure in a magistrates’ court under t his regulation is by way of complaint, 
and the Magistrates’ Courts (Northern Ireland) Orde r 1981( a) applies to the proceedings.”; 
(b)  omit paragraph (17). 
(10)  In regulation 14— 
(a)  for paragraph (2) substitute— 
“(2) The procedure on an appeal to a magistrates’ c ourt under paragraph (1) is by way of 
complaint, and the Magistrates’ Courts (Northern Ir eland) Order 1981 applies to the 
proceedings.”; 
(b)  omit paragraph (3). 
(11)  Omit regulation 30(9). 
The Wine Regulations 2011 
14. —(1) The Wine Regulations 2011 are amended as follo ws. 
(2)  After regulation 1(3) insert— 
“(4) All the other provisions extend to Northern Ir eland.”. 
(3)  In regulation 2(2), for the definition of “the Agen cy” substitute— 
““the Agency” means the Food Standards Agency;”. 
(4)  In regulation 3— 
(a)  for paragraph (1) substitute— 
                                                                                                                                            
(a) S.I. 1981/1675 (N.I. 26).  14 “(1) The local authority enforces the European Regu lations in relation to retail sale.”; 
(b)  in paragraph (2), for “Secretary of State” substitu te “Department of Agriculture, 
Environment and Rural Affairs”; 
(c)  omit paragraphs (3), (4), (6), (8) and (9); 
(d)  insert as paragraph (10)— 
“(10) In this regulation— 
(a) “general customs official” means a general cust oms official designated under 
section 3(1) of the Borders, Citizenship and Immigr ation Act 2009( a); 
(b) “local authority” means a district council with in the meaning of the Interpretation 
Act (Northern Ireland) 1954( b).”. 
(5)  In regulation 4— 
(a)  in paragraph (1)— 
(i)  at the beginning insert “In respect of Northern Ire land,”; 
(ii)  for “as the” substitute “as if a”; 
(b)  omit paragraph (3). 
(6)  Omit regulation 6. 
(7)  For regulation 8(4) substitute— 
“(4) An authorised officer entering any premises by  virtue of this regulation or regulation 
9 may be accompanied by such other person as the of ficer considers necessary.”. 
(8)  In regulation 9(1)— 
(a)  in paragraph (1)— 
(i)  in the words before sub-paragraph (a), for the word s from “justice” to “Ireland” 
substitute “lay magistrate”; 
(ii)  in the words after sub-paragraph (b), for “justice”  substitute “magistrate”; 
(b)  omit paragraph (5). 
(9)  In regulation 16(2) omit sub-paragraphs (b) and (c) . 
(10)  Omit Schedules 1 and 2. 
The Quality Schemes (Agricultural Products and Food stuffs) Regulations 2018 
15. —(1) The Quality Schemes (Agricultural Products and  Foodstuffs) Regulations 2018 are 
amended as follows. 
(2)  In regulation 1— 
(a)  in the heading, for “and commencement” substitute “ , commencement and extent”; 
(b)  number the existing paragraph as paragraph (1); 
(c)  after paragraph (1) (as numbered by sub-paragraph ( b)) insert— 
“(2) The following provisions extend to Northern Ir eland— 
(a) this Part and Parts 2 to 4; 
(b) regulations 21 to 23.”. 
(3)  In regulation 3(2)— 
(a)  at the beginning insert “As regards Northern Irelan d,”; 
(b)  in sub-paragraph (c)(ii) omit “, as read with Artic le 15”. 
(4)  For regulation 6(4) substitute— 
                                                                                                                                            
(a) 2009 c. 11. 
(b) 1954 c. 33 (N.I.).  15 “(4) For the purposes of these Regulations any dist rict council within the meaning of the 
Interpretation Act (Northern Ireland) 1954 is eligi ble for appointment as an enforcement 
authority.”. 
(5)  In regulation 10— 
(a)  in paragraph (4), in the words before sub-paragraph  (a), omit— 
(i)  the words from “justice of the peace in England” to  “Scotland or”; 
(ii)  “justice, sheriff or”; 
(b)  for paragraph (8)(a) substitute— 
“(a) be accompanied by such other persons as the au thorised officer considers 
necessary;”. 
(6)  In regulation 12— 
(a)  in paragraph (2)(e) omit “15, 16, or as the case ma y be,”; 
(b)  in paragraph (3), for “regulations 15 to” substitut e “ regulation”. 
(7)  In regulation 13— 
(a)  in paragraph (3)(e) omit “15, 16, or as the case ma y be,”; 
(b)  in paragraph (4), for “regulations 15 to” substitut e “regulation”. 
(8)  In regulation 14— 
(a)  in paragraph (4)(c)(i) omit “15, 16 or, as the case  may be,”; 
(b)  in paragraph (5) for “regulations 15 to” substitute  “regulation”. 
(9)  Omit regulations 15 and 16. 
(10)  In regulation 20, in the words before sub-paragraph  (a), for “regulations 15 to” substitute 
“regulation”. 
(11)  In regulation 22(1)(a), after “years” insert “in No rthern Ireland”. 
(12)  In regulation 23(4) omit “other”. 
PART 5 
Amendment of retained direct EU legislation 
Commission Regulation (EC) No 2870/2000 
16. —(1) Commission Regulation (EC) No 2870/2000 laying  down Community reference 
methods for the analysis of spirits drinks( a) is amended as follows. 
(2)  In Article 1, in the words before the first indent—  
(a)  omit “Community”; 
(b)  for the words from “Regulation (EEC) No 1576/89( b)” to “1014/90” substitute 
“Regulation 110/2008( c)”. 
(3)  In Article 3— 
(a)  number the existing paragraph as paragraph 1; 
(b)  in paragraph 1 (as numbered by sub-paragraph (a)), in the words before point (a)— 
                                                                                                                                            
(a) EUR 2000/2870. Prospective amendments were includ ed in S.I. 2019/865. They would have come into forc e on IP 
completion day. Those prospective amendments are om itted by regulation 6 of this instrument and are re placed, in relation 
to Great Britain, on IP completion day with the ame ndments in regulation 16 of this instrument. 
(b) OJ No. L 160, 12.6.1989, p. 1, repealed by Regula tion (EC) No 110/2008 of the European Parliament an d of the Council 
(OJ No. L 39, 13.2.2008, p. 16). 
(c) EUR 2008/110. Prospective amendments were include d in S.I. 2019/759, 778. They would have come into force on IP 
completion day. They are omitted by regulations 4 a nd 5 of this instrument and replaced, in relation t o Great Britain, on IP 
completion day with the amendments in regulation 17  of, and Schedule 1 to, this instrument.  16 (i)  omit “Community”; 
(ii)  after “down” insert “in retained EU law”; 
(c)  in point (a), for “the Annex to Directive 85/591/EE C” substitute “Annex 3 to Regulation 
(EU) 2017/625 of the European Parliament and of the  Council on official controls and 
other official activities performed to ensure the a pplication of food and feed law, rules on 
animal health and welfare, plant health and plant p rotection products( a)”; 
(d)  in point (d), for the first indent substitute— 
“— in relation to an official control being carried  out in an individual case, an analytical 
method approved by the appropriate authority by adm inistrative decision,”; 
(e)  after paragraph 1 (as numbered by sub-paragraph (a) ) insert— 
“2. In this Article: 
(a) regardless of where the analysis itself is carr ied out, ‘the appropriate authority’ means: 
 (i) in a case of an analysis carried out as part o f an official control relating to the 
production, labelling or marketing of a drink as a spirit drink, or category of spirit 
drink, in England, the Secretary of State; 
 (ii) in a case of an analysis carried out as part of an official control relating to the 
production, labelling or marketing of a drink as a spirit drink, or category of spirit 
drink, in Scotland, the Scottish Ministers; 
 (iii) in a case of an analysis carried out as part  of an official control relating to the 
production, labelling or marketing of a drink as a spirit drink, or category of spirit 
drink, in Wales, the Welsh Ministers; 
(b) ‘retained EU law’ has the meaning given in sect ion 6(7) of the European Union 
(Withdrawal) Act 2018 but does not include any legi slation so far as it extends to 
Northern Ireland.”. 
(4)  In Article 4, after point (c) insert— 
“(d) ‘Regulation 110/2008’: means Regulation (EC) N o 110/2008 of the European 
Parliament and of the Council on the definition, de scription, presentation, labelling and 
the protection of geographical indications of spiri t drinks.”. 
(5)  After Article 5 omit the words from “This Regulatio n” to “States.”. 
(6)  In the Annex— 
(a)  in Chapter 3 (determination of volatile substances and methanol of spirit drinks), in Part 
3.1 (general remarks)— 
(i)  in paragraph 1, in the words before point 1, for “R egulation (EEC) No 1576/89” 
substitute “Regulation 110/2008”; 
(ii)  in paragraph 2, in the second subparagraph, for “Re gulation (EEC) No 1576/89” 
substitute “Regulation 110/2008”; 
(b)  in Chapter 6 (determination of glycyrrhizic acid us ing high performance liquid 
chromatography), in paragraph 1, for “Regulation (E EC) No 1576/89” substitute 
“Regulation 110/2008”; 
(c)  in Chapter 7 (high-performance liquid chromatograph y method for verifying the presence 
of chalcones in pastis), in paragraph 1, in the sec ond subparagraph, for “Regulation 
(EEC) No 1576/89” substitute “Regulation 110/2008”.  
                                                                                                                                            
(a) EUR 2017/625.  17 Regulation (EC) No 110/2008 of the European Parliam ent and of the Council 
17. —(1) Regulation (EC) No 110/2008 of the European Pa rliament and of the Council on the 
definition, description, presentation, labelling an d the protection of geographical indications of 
spirit drinks is amended as follows. 
(2)  In Article 1— 
(a)  in paragraph 2— 
(i)  for “the Community”, in the first place it occurs, substitute “Great Britain”; 
(ii)  for “the Community”, in the second place it occurs,  substitute “Great Britain, 
Northern Ireland”; 
(iii)  for “the Community for export” substitute “Great Br itain for movement to Northern 
Ireland or export to a third country”; 
(b)  in paragraph 3— 
(i)  after “where” insert “a spirit drink is being moved  to Northern Ireland, or exported to 
a third country, and the law that applies in Northe rn Ireland, or”; 
(ii)  after “importing third country” insert “, as the ca se may be,”; 
(iii)  for the words from “the regulatory” to the end subs titute “paragraphs 4 to 6”; 
(c)  after paragraph 3 insert— 
“4. A derogation may be granted: 
(a) by regulations, or 
(b) on application, by administrative decision, whe re regulations have not been made or 
where regulations have been made but do not apply i n a particular case. 
5. An application of the type referred to in paragr aph 4(b) may be made: 
(a) to the Secretary of State, in the case of an op erator intending to: 
 (i) export a consignment of a spirit drink from En gland to a relevant third country; 
 (ii) move a consignment of a spirit drink from Eng land to Northern Ireland; 
(b) to the Scottish Ministers, in the case of an op erator intending to: 
 (i) export a consignment of a spirit drink from Sc otland to a relevant third country; 
 (ii) move a consignment of a spirit drink from Sco tland to Northern Ireland; 
(c) to the Welsh Ministers, in the case of an opera tor intending to: 
 (i) export a consignment of a spirit drink from Wa les to a relevant third country; 
 (ii) move a consignment of a spirit drink from Wal es to Northern Ireland. 
6. An application of the type referred to in paragr aph 4(b) must be made in relation to 
one type of spirit drink and on a consignment by co nsignment basis. 
7. In this Article— 
(a) ‘consignment’ means a quantity of one type of s pirit drink covered by a single 
document required for customs formalities and may b e composed of more than one lot; 
(b) ‘lot’ has the meaning given in regulation 2 of the Food (Lot Marking) Regulations 
1996( a), as it extends to Great Britain; 
(c) ‘relevant third country’ means a third country of the type referred to in paragraph 3.”. 
(3)  After Article 2 insert— 
                                                                                                                                            
(a) S.I. 1996/1502, amended by S.I. 2011/1043 and, in  relation to England, by S.I. 2014/1855 and, prospe ctively on IP 
completion day, by S.I. 2019/150, in relation to Sc otland, by S.S.I 2014/312 and, prospectively on IP completion day, by 
S.S.I. 2019/53 and, in relation to Wales, by S.I. 2 014/2303 (W. 227), 2018/806 (W. 162) and, prospecti vely on IP 
completion day, by S.I. 2019/435 (W. 103).  18 “Article 2a 
Definition of third country 
In this Regulation, ‘third country’ means a country , other than the United Kingdom, and 
includes: 
(a) the Bailiwick of Guernsey; 
(b) the Bailiwick of Jersey; 
(c) the Isle of Man.”. 
(4)  In Article 5— 
(a)  in paragraph 1(e), for the words from “shall be dec ided” to the end substitute “may be 
specified in regulations”; 
(b)  in paragraph 2(e) omit the words from “and taking” to the end. 
(5)  Omit Article 6. 
(6)  In Article 7, after the existing paragraph insert— 
“In this Chapter, ‘Great Britain’s GIs Register’ me ans the register established and 
maintained by the Secretary of State under Article 33(1) of Regulation (EU) 2019/787 of 
the European Parliament and of the Council on the d efinition, description, presentation and 
labelling of spirit drinks, the use of the names of  spirit drinks in the presentation and 
labelling of other foodstuffs, the protection of ge ographical indications for spirit drinks, the 
use of ethyl alcohol and distillates of agricultura l origin in alcoholic beverages.”. 
(7)  In Article 8, for “Article 5 of Directive 2000/13/E C(a)” substitute “Article 17 of Regulation 
(EU) No 1169/2011 of the European Parliament and of  the Council on the provision of food 
information to consumers( b)”. 
(8)  In Article 9— 
(a)  in paragraph 4, for “Annex III” substitute “Great B ritain’s GIs Register”; 
(b)  in paragraph 5— 
(i)  for “Annex III” substitute “Great Britain’s GIs Reg ister”; 
(ii)  after “Chapter III” insert “of Regulation (EU) 2019 /787”; 
(c)  in paragraph 6— 
(i)  in the words before point (a), for “Annex III” subs titute “Great Britain’s GIs 
Register”; 
(ii)  in point (a) omit “within the meaning of Article 20 ”; 
(iii)  in point (b), for “Article 17(1)” substitute “parag raph 1 of Article 22 of Regulation 
(EU) 2019/787, as read with paragraph 2 of that Art icle”; 
(d)  in paragraph 7, for “Annex III” substitute “Great B ritain’s GIs Register”; 
(e)  in paragraph 9, for “Directive 2000/13/EC” substitu te “Regulation (EU) No 1169/2011”; 
(f)  after paragraph 9 insert— 
“10. In this Article, ‘established geographical ind ication’ means a geographical indication 
within the meaning of Article 3(4) of Regulation (E U) 2019/787 to which Article 54(2) of 
the EU withdrawal agreement applies.”. 
(9)  In Article 10— 
(a)  in paragraph 1— 
(i)  for “Directive 2000/13/EC” substitute “Regulation ( EU) No 1169/2011”; 
                                                                                                                                            
(a) OJ No. L 109, 6.5.2000, p. 29, repealed by Regula tion (EU) No 1169/2011 of the European Parliament a nd of the Council 
(OJ No. L 304, 22.11.2011, p. 18).  
(b) EUR 2011/1169, prospectively amended on IP comple tion day by S.I. 2019/529, 778, 2020/1501.  19 (ii)  for “Annex III” substitute “Great Britain’s GIs Reg ister”; 
(b)  in paragraph 4 omit “in the Community”. 
(10)  In Article 11(4), in the first subparagraph, for “D irective 2000/13/EC” substitute 
“Regulation (EU) No 1169/2011”. 
(11)  In Article 12(3)— 
(a)  omit the words from the beginning to “25(3),”; 
(b)  at the end insert as a new sentence— 
“Regulations may specify derogations in respect of this requirement.”. 
(12)  In Article 14— 
(a)  in paragraph 2, for “Annex III” substitute “Great B ritain’s GIs Register”; 
(b)  in paragraph 4, for “the Community” substitute “Gre at Britain”. 
(13)  Omit Articles 17(2)( a), 20( b) and 24. 
(14)  For Article 25 substitute the new Articles 25 to 25 c in Schedule 1. 
(15)  For Article 26 substitute— 
“Article 26 
Amendment of the Annexes 
Annexes 1 and 2 may be amended by regulations.”. 
(16)  For Article 27 substitute— 
“Article 27 
Implementing regulations 
1. Regulations may be made to make such provision a s appears necessary to the 
appropriate authority in relation to the implementa tion of this Regulation. 
2. In this Article, ‘the appropriate authority’ mea ns the person specified in Article 
25(1)(a), (b)(ii) or (c)(i), as the case may be or,  in a case where the Secretary of State is to 
exercise the power to make regulations under this A rticle pursuant to Article 25(2) (having 
obtained the necessary consents required by Article  25(2)), the Secretary of State.”. 
(17)  In Article 28— 
(a)  omit paragraph 1; 
(b)  in paragraph 2— 
(i)  for the words from the beginning to “adopted” subst itute “Regulations may be 
made”; 
                                                                                                                                            
(a) By derogation from Article 49(1) of Regulation (E U) 2019/787 of the European Parliament and of the C ouncil (OJ No. L 
130, 17.5.2019, p. 1) (which repealed Chapter 3 of Regulation (EC) No 110/2008 of the European Parliam ent and of the 
Council (OJ No. L 39, 13.2.2008, p. 16) with effect  from 8 th  June 2019), Article 49(2)(a) of Regulation (EU) 20 19/787 of 
the European Parliament and of the Council made pro vision for Article 17(2) of Regulation (EC) No 110/ 2008 of the 
European Parliament and of the Council to continue to apply until 25th May 2021, with the consequence that the 
incorporation provision in section 3(1) of the Euro pean Union (Withdrawal) Act 2018 applies to Article  17(2) of Regulation 
(EC) No 110/2008 of the European Parliament and of the Council. Regulation 17(13) of this instrument o mits that provision 
from Regulation (EC) No 110/2008 of the European Pa rliament and of the Council as incorporated into th e domestic law of 
Great Britain. 
(b) By derogation from Article 49(1) of Regulation (E U) 2019/787 of the European Parliament and of the C ouncil (OJ No. L 
130, 17.5.2019, p. 1) (which repealed Chapter 3 of Regulation (EC) No 110/2008 of the European Parliam ent and of the 
Council (OJ No. L 39, 13.2.2008, p. 16) with effect  from 8th June 2019), Article 49(2)(b) of Regulatio n (EU) 2019/787 of 
the European Parliament and of the Council made pro vision for Article 20 of Regulation (EC) No 110/200 8 of the European 
Parliament and of the Council to continue to apply for the period described in Article 49(2)(b) of Reg ulation (EU) 2019/787 
of the European Parliament and of the Council, expi ring no later than 25th May 2021, with the conseque nce that the 
incorporation provision in section 3(1) of the Euro pean Union (Withdrawal) Act 2018 applies to Article  20 of Regulation 
(EC) No 110/2008 of the European Parliament and of the Council. Regulation 17(13) of this instrument o mits that provision 
from Regulation (EC) No 110/2008 of the European Pa rliament and of the Council as incorporated into th e domestic law of 
Great Britain.  20 (ii)  omit “Community”; 
(c)  in paragraph 3— 
(i)  omit the first sentence; 
(ii)  in the second sentence, for “prior to 20 February 2 008 or until” substitute “as it had 
effect in Great Britain immediately before”. 
(18)  After Article 30 omit the words from “This Regulati on” to “States.”. 
(19)  In Annex 1— 
(a)  in point (6)— 
(i)  in the first paragraph, for the words from “Council  Directive 80/777/EEC” to 
“consumption” substitute “any relevant water qualit y legislation”; 
(ii)  after the second paragraph insert— 
“In this point, ‘relevant water quality legislation ’ means: 
(a) in relation to spirit drinks marketed in Englan d: 
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (England) 
Regulations 2007( a); 
 (ii) the Water Supply (Water Quality) Regulations 2016( b); 
 (iii) the Private Water Supplies (England) Regulat ions 2016( c); 
(b) in relation to spirit drinks marketed in Scotla nd: 
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (Scotland) 
(No. 2) Regulations 2007( d); 
 (ii) the Public Water Supplies (Scotland) Regulati ons 2014( e); 
 (iii) the Water Intended for Human Consumption (Pr ivate Supplies) (Scotland) 
Regulations 2017( f); 
(c) in relation to spirit drinks marketed in Wales:  
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (Wales) 
Regulations 2015( g); 
 (ii) the Private Water Supplies (Wales) Regulation s 2017( h); 
 (iii) the Water Supply (Water Quality) Regulations  2018( i).”; 
(b)  in point (10), for the words from “colorants” to th e end substitute “colours, as defined in 
entry 2 of Annex 1 to Regulation (EC) No 1333/2008 of the European Parliament and of 
the Council on food additives( j)”. 
(20)  In Annex 2— 
(a)  in category 1— 
(i)  in point (a)(ii) for “Annex III” substitute “Great Britain’s GIs Register”; 
                                                                                                                                            
(a) S.I. 2007/2785, amended by S.I. 2009/1598, 2010/4 33, 2011/451, 1043, 2014/1855, 2018/352, 2019/526, 1488 and 
prospectively on IP completion day by S.I. 2019/150 , 775, 778, 2020/1501. 
(b) S.I. 2016/614, amended by S.I. 2017/506, 2018/378 , 706, 2019/526 and prospectively, on IP completion  day, by S.I. 
2019/558. 
(c) S.I. 2016/618, amended by S.I. 2017/506, 2018/707  and prospectively on IP completion day by S.I. 201 9/558. 
(d) S.S.I. 2007/483, amended by S.S.I. 2009/273, 2010 /89, 127, 2011/94, S.I. 2011/1043, S.S.I. 2014/312,  2015/100, 363, 
2017/287. 
(e) S.S.I. 2014/364; relevant amending instruments ar e S.S.I. 2015/346, 2017/281. 
(f) S.S.I. 2017/282, amended by S.S.I. 2017/321. 
(g) S.I. 2015/1867 (W. 274), amended by S.I. 2017/935  (W. 229). 
(h) S.I. 2017/1041 (W. 270); relevant amending instru ments are S.I. 2019/460 (W. 110) prospectively on I P completion day and 
S.I. 2019/463 (W. 111). 
(i) S.I. 2018/647 (W. 121), amended by itself, by S.I . 2019/460 (W. 110) prospectively on IP completion day and S.I. 2019/463 
(W. 111). 
(j) EUR 2008/1333, to which there are amendments not relevant to these Regulations.  21 (ii)  in point (f), for “in category 1 of Annex III” inse rt “for rum in Great Britain’s GIs 
Register”; 
(b)  in category 9, in point (f), in the first subparagr aph omit the second sentence; 
(c)  in category 15, in point (d), for “13(2) of Directi ve 2000/13/EC” substitute “13(1) of 
Regulation (EU) No 1169/2011”; 
(d)  in point (c) of each of categories 25, 26, 27, 28 a nd 29, for “1(2)(b)(i) and Article 1(2)(c) 
of Directive 88/388/EEC” substitute “3(2)(c) and (d ) of Regulation (EC) No 
1334/2008( a)”; 
(e)  in category 32, in point (d), in the first subparag raph, in the words before the first indent 
omit “produced in the Community”; 
(f)  in category 37, in point (c), for “1(2)(b)(i) and A rticle 1(2)(c) of Directive 88/388/EEC” 
substitute “3(2)(c) and (d) of Regulation (EC) No 1 334/2008”; 
(g)  in category 37a— 
(i)  in the second paragraph omit “Member State or third ”; 
(ii)  after the second paragraph insert— 
“In the second paragraph, in relation to the United  Kingdom, ‘country of the manufacture’ 
means the United Kingdom as a whole and does not me an England, Northern Ireland, 
Scotland or Wales individually.”; 
(h)  in point (c) of categories 42, 43, 45 and 46, for “ 1(2)(b)(i) and Article 1(2)(c) of Directive 
88/388/EEC” substitute “3(2)(c) and (d) of Regulati on (EC) No 1334/2008”; 
(i)  in the category headed “ Other spirit drinks ”— 
(i)  in the paragraph numbered 1 ( Rum-Verschnitt ), in the final sentence omit the words 
from “Where” to “market,”; 
(ii)  in the paragraph numbered 2 ( Slivovice ), in the third sentence omit the words from 
“If” to “Community,”. 
(21)  Omit Annex 3. 
Regulation (EU) No 1151/2012 of the European Parlia ment and of the Council 
18. —(1) Regulation (EU) No 1151/2012 of the European P arliament and of the Council on 
quality schemes for agricultural products and foods tuffs is amended as follows. 
(2)  In Article 1— 
(a)  at the end of point (b) insert “and”; 
(b)  at the end of point (c) omit “and”; 
(c)  omit point (d). 
(3)  In Article 2— 
(a)  in paragraph 1, in the second subparagraph, for the  words from “Commission” to “56,” 
substitute “Secretary of State may make regulations ”; 
(b)  in paragraph 2, for “Annex XIb to Regulation (EC) N o 1234/2007( b)” substitute “Part 2 
of Annex 7 to Regulation 1308/2013”; 
(c)  in paragraph 3— 
(i)  for “Union provisions” substitute “provisions in re tained EU law”; 
(ii)  for “the single common organisation of the markets,  and” substitute “provisions in, 
or under, Regulation 1308/2013 and provisions relat ing”; 
                                                                                                                                            
(a) EUR 2008/1334, to which there are amendments not relevant to these Regulations. 
(b) OJ No. L 299, 16.11.2007, p. 1, repealed by Regul ation (EU) No 1308/2013 of the European Parliament and of the Council 
(OJ No. L 347, 20.12.2013, p. 671).  22 (d)  omit paragraph 4. 
(4)  In Article 3— 
(a)  in point (6), for “Union” substitute “United Kingdo m”; 
(b)  after point (8) insert the points in Part 1 of Sche dule 2. 
(5)  After Article 3 insert the new Article 3a in Part 2  of Schedule 2. 
(6)  In Article 4(b), for “the Union” substitute “Great Britain”. 
(7)  In Article 5(4)— 
(a)  in the first subparagraph, for the words from “Comm ission” to “56,” substitute “Secretary 
of State may make regulations”; 
(b)  in the second subparagraph, for the words from “Com mission” to “56,” substitute 
“Secretary of State may make regulations”. 
(8)  In Article 7— 
(a)  in paragraph 1(e) omit the words from “, taking” to  the end of that point; 
(b)  in paragraph 2— 
(i)  in the first subparagraph, for the words from “Comm ission” to “56,” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence. 
(9)  In Article 8— 
(a)  in paragraph 1, in the words before point (a), for “49(2) or (5)” substitute “49”; 
(b)  omit paragraph 2. 
(10)  Omit Article 9. 
(11)  In Article 10— 
(a)  in paragraph 1, in the words before point (a), for “Commission” substitute “Secretary of 
State”; 
(b)  in paragraph 2, for “the Union” substitute “Great B ritain, except that, in relation to 
paragraph 1(d), the grounds for opposition must be assessed in relation to the territory of 
the United Kingdom”. 
(12)  In Article 11— 
(a)  in paragraph 1, for the words from “Commission” to “maintaining” substitute “Secretary 
of State must establish and maintain”; 
(b)  in paragraph 2— 
(i)  for “the Union”, in the first place it occurs, subs titute “Great Britain”; 
(ii)  for “Union”, in the second place it occurs, substit ute “United Kingdom”; 
(iii)  at the end insert— 
“The entry in the register is to be treated as taki ng effect: 
(a) in a case where the register is established by the Secretary of State after IP completion 
day but before the end of the day following the day  on which IP completion day falls 
and the entry is in the register as established dur ing that period, on IP completion day; 
(b) in any other case, immediately the entry is mad e.”; 
(c)  in paragraph 3— 
(i)  for “Commission may adopt implementing acts” substi tute “Secretary of State may 
make regulations”; 
(ii)  omit the second sentence;  23 (d)  in paragraph 4, for “Commission” substitute “Secret ary of State”. 
(13)  In Article 12— 
(a)  in paragraph 2 omit “Union”; 
(b)  in paragraph 3— 
(i)  for “the Union”, in the first place it occurs, subs titute “Great Britain”; 
(ii)  after “that are marketed” insert “in Great Britain” ; 
(iii)  for the words from “registered in” to “Regulation” substitute “to which paragraph 3a 
applies”; 
(iv)  omit “Union” in the second place it occurs; 
(c)  after paragraph 3 insert— 
“3a. This paragraph applies to: 
(a) an established protected designation of origin and an established protected 
geographical indication; 
(b) a protected designation of origin and a protect ed geographical indication registered 
following a decision made by the Secretary of State  under Article 52 in relation to an 
application made under Article 49(2).”; 
(d)  in paragraph 4, for the words from “Member State” t o the end substitute “United 
Kingdom or the third country, or region, as relevan t, in which that geographical area of 
origin is located”; 
(e)  in paragraph 5, for the words from “Directive 2000/ 13/EC” to “2008/95/EC( a)” substitute 
“Regulation (EU) No 1169/2011 of the European Parli ament and of the Council on the 
provision of food information to consumers, the col lective geographical marks registered 
under the TMA”; 
(f)  in paragraph 6— 
(i)  after “originating in” insert “Northern Ireland or” ; 
(ii)  omit “Union”; 
(g)  in paragraph 7— 
(i)  in the first subparagraph— 
(aa)  for the words from “Commission” to “56,” substitute  “Secretary of State may 
make regulations”; 
(bb)  omit “Union”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit “Union”; 
(cc)  omit “, including rules concerning the appropriate linguistic versions to be 
used”; 
(dd)  omit the second sentence. 
(14)  In Article 13(3)— 
(a)  in the first subparagraph— 
(i)  for “Member States” substitute “The designated auth ority”; 
(ii)  for “that Member State” substitute “Great Britain”;  
(b)  omit the second subparagraph; 
                                                                                                                                            
(a) OJ No. L 299, 8.11.2008, p. 25, repealed by Direc tive (EU) 2015/2436 of the European Parliament and of the Council (OJ 
No. L 336, 23.12.2015, p. 1).  24 (c)  in the third subparagraph, for “These authorities” substitute “The designated authority”. 
(15)  In Article 14— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, for “Commission” substit ute “Secretary of State”; 
(ii)  in the third subparagraph, for “Directive 2008/95/E C” substitute “the TMA”; 
(b)  in paragraph 2, in the first sentence— 
(i)  omit the words from “if” to “concerned”; 
(ii)  for “Union” substitute “United Kingdom”; 
(iii)  for “Commission” substitute “Secretary of State”; 
(iv)  for the words from “under Council” to “2008/95/EC” substitute “in, or under, the 
TMA”. 
(16)  After Article 14 insert the new Articles 14a and 14 b in Part 3 of Schedule 2. 
(17)  In Article 15— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, in the words before poin t (a)— 
(aa)  for the words from “Commission” to “years” substitu te “Secretary of State 
may, by regulations, make provision for a transitio nal period of up to five 
years to apply”; 
(bb)  omit “originating in a Member State or a third coun try”; 
(cc)  for “on condition” substitute “if the Secretary of State is satisfied”; 
(dd)  omit “Article 49(3) or”; 
(ii)  omit the second subparagraph; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  in the words before point (a), for the words from “ the Commission” to 
“shown” substitute “an application may be made to t he Secretary of State to 
extend the transitional period mentioned in paragra ph 1 to 15 years in duly 
justified cases and the Secretary of State may, by regulations, make provision 
for such a transitional provision if the Secretary of State is satisfied”; 
(bb)  in point (a), for “Commission” substitute “Secretar y of State”; 
(ii)  omit the second subparagraph; 
(c)  in paragraph 4— 
(i)  in the first subparagraph— 
(aa)  for the words from “a Member State may” to “10 year s” substitute “nothing in 
this Regulation prevents the Secretary of State fro m using any power the 
Secretary of State has to make regulations to provi de for a transitional period 
of up to 10 years to apply”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(cc)  omit “to the authorities of the Member State”; 
(dd)  omit “national”; 
(ee)  for “49(3)” substitute “51”; 
(ii)  in the third subparagraph, for “dossier referred to  in Article 8(2)” substitute 
“submitted under Article 8(1)”. 
(18)  In Article 16— 
(a)  in paragraph 1—  25 (i)  in the first sentence, for the words from the begin ning to “entered in”, in the second 
place it occurs, substitute “The Secretary of State  must enter the names of 
established protected designations of origin and es tablished protected geographical 
indications in”; 
(ii)  after the first sentence insert— 
“The entries are to be treated as taking effect on IP completion day.”. 
(iii)  in the last sentence, after “such registrations” in sert “under EU Regulation 
1151/2012( a), as they stood immediately before IP completion d ay,”; 
(b)  in paragraph 2, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”; 
(c)  in paragraph 3— 
(i)  at the beginning insert “In relation to established  protected designations of origin and 
established protected geographical indications,”; 
(ii)  after “Regulation (EC) No 510/2006( b)” insert “, as that Regulation had effect in 
Great Britain immediately before it was repealed by  EU Regulation 1151/2012,”; 
(d)  after paragraph 3 insert— 
“4. Article 12(3) (which requires that the symbol a ssociated with the marketing in Great 
Britain of a product originating in Great Britain m ust appear on the labelling of certain 
products) is disapplied in respect of a product to which it would otherwise apply, for a 
period of three years, beginning with the day after  the day on which IP completion day 
falls, on condition that the product concerned is m arketed under an established protected 
designation of origin or an established protected g eographical indication. 
5. In paragraph 1, in relation to an established pr otected designation of origin and an 
established protected geographical indication, ‘cor responding specifications’ means the 
product specification for the relevant designation of origin or geographical indication as the 
specification stood immediately before IP completio n day.”. 
(19)  In Article 18— 
(a)  in paragraph 3 omit “Member State or in a third”; 
(b)  in paragraph 4, for “Union legislation” substitute “retained EU law”; 
(c)  in paragraph 5, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”. 
(20)  In Article 19— 
(a)  in paragraph 1(a) omit “, in the appropriate langua ge versions”; 
(b)  in paragraph 2— 
(i)  in the first subparagraph, for the words from “Comm ission” to “56,” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence. 
(21)  In Article 20— 
(a)  in paragraph 1, in the words before point (a) omit “(2) or (5)”; 
                                                                                                                                            
(a) See the footnote for the reference to Regulation (EU) No 1151/2012 in the definition being substitut ed in S.I. 2018/1275 by 
regulation 2(2). 
(b) OJ No. L 93, 31.3.2006, p. 12, repealed by Regula tion (EU) No 1151/2012 of the European Parliament a nd of the Council 
(OJ No. L 343, 14.12.2012, p. 1). Last amended befo re its repeal by Commission Regulation (EC) No 1326 /2008 (OJ No. L 
345, 23.12.2008, p. 20).  26 (b)  omit paragraph 2. 
(22)  In Article 21— 
(a)  in paragraph 1, in the words before point (a), for “Commission” substitute “Secretary of 
State”; 
(b)  in paragraph 2, for “the Union” substitute “Great B ritain”. 
(23)  In Article 22— 
(a)  in paragraph 1, for the words from “Commission” to “maintaining” substitute “Secretary 
of State must establish and maintain”; 
(b)  in paragraph 2— 
(i)  for “Commission may adopt implementing acts” substi tute “Secretary of State may 
make regulations”; 
(ii)  omit the second sentence. 
(24)  In Article 23— 
(a)  in paragraph 2 omit “Union”; 
(b)  in paragraph 3— 
(i)  in the first subparagraph— 
(aa)  for “the Union” substitute “Great Britain”; 
(bb)  after “that are marketed” insert “in Great Britain” ; 
(cc)  for the words from “that is” to “Regulation” substi tute “to which paragraph 3a 
applies”; 
(ii)  in the second subparagraph, for “the Union” substit ute “Great Britain”; 
(c)  after paragraph 3 insert— 
“3a. This paragraph applies to: 
(a) an established protected traditional speciality  guaranteed; 
(b) a traditional speciality guaranteed registered following a decision made by the 
Secretary of State under Article 52 in relation to an application made under Article 
49(2).”; 
(d)  in paragraph 4— 
(i)  in the first subparagraph— 
(aa)  for the words from “Commission” to “56,” substitute  “Secretary of State may 
make regulations”; 
(bb)  omit “Union”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit “Union”; 
(cc)  omit the words from “, including” to the end. 
(25)  In Article 24— 
(a)  in paragraph 2— 
(i)  for “Member States” substitute “The designated auth ority”; 
(ii)  for “at national level” substitute “in Great Britai n”; 
(b)  in paragraph 3— 
(i)  for “Commission may adopt implementing acts” substi tute “Secretary of State may 
make regulations”; 
(ii)  omit the second sentence.  27 (26)  In Article 25— 
(a)  in paragraph 1— 
(i)  in the first sentence, for the words from the begin ning to “entered in” substitute “The 
Secretary of State must enter the names of establis hed protected traditional 
specialities guaranteed in”; 
(ii)  after the first sentence insert— 
“The entries are to be treated as taking effect on IP completion day.”; 
(iii)  in the last sentence, after “such registrations” in sert “under EU Regulation 
1151/2012 as it had effect in Great Britain immedia tely before IP completion day”; 
(b)  in paragraph 2— 
(i)  for the words from the beginning to “Regulation,” s ubstitute “An unreserved TSG 
name”; 
(ii)  omit the words from “unless” to the end; 
(iii)  insert as the second and third subparagraphs— 
“When the Secretary of State records an entry relat ing to the name on Great Britain’s TSGs 
Register under paragraph 1, the Secretary of State must include a statement that the name 
may continue to be used as a traditional speciality  guaranteed until 4 January 2023. 
The Secretary of State must remove the entry relati ng to the name from Great Britain’s 
TSGs Register on, or as soon as possible after, 4 J anuary 2023, unless the second 
subparagraph of paragraph 2aapplies to the entry re lating to that name in the meantime.”; 
(c)  after paragraph 2 insert— 
“2a. An application to register an unreserved TSG n ame may be made to the Secretary of 
State under Article 49 of this Regulation. 
If successful, the entry for the name in Great Brit ain’s TSGs Register must be adjusted, as 
appropriate, and, following that adjustment, the en try in Great Britain’s TSGs Register for 
that name applies without any time restriction.”; 
(d)  in paragraph 3— 
(i)  for the words from “Commission” to “56,” substitute  “Secretary of State may make 
regulations”; 
(ii)  at the end insert “relating to the entries to be ma de in the register referred to in 
Article 22 under paragraph 1”; 
(e)  after paragraph 3 insert— 
“4. Article 23(3) (which requires that the symbol a ssociated with the marketing in Great 
Britain of a product originating in Great Britain m ust appear on the labelling of certain 
products) is disapplied in respect of a product to which it would otherwise apply, for a 
period of three years, beginning with the day after  the day on which IP completion day 
falls, if the product concerned is marketed under a n established protected traditional 
speciality guaranteed. 
5. In this Article— 
(a) in relation to an established protected traditi onal speciality guaranteed, ‘corresponding 
specifications’ means the product specification for  the relevant traditional speciality 
guaranteed as the specification stood immediately b efore IP completion day; 
(b) ‘the European Commission’s TSGs Register’ means  the register maintained by the 
European Commission pursuant to Article 22 of EU Re gulation 1151/2012; 
(c) ‘an unreserved TSG name’ means the name of a tr aditional speciality guaranteed that 
was registered on the European Commission’s TSGs Re gister in accordance with the 
requirements laid down in Article 13(1) of Regulati on (EC) No 509/2006, including a  28 name registered pursuant to an application referred  to in the second subparagraph of 
Article 58(1) of EU Regulation 1151/2012, before IP  completion day, but does not 
include a name for which: 
 (i) a successful application was made to the Europ ean Commission under Article 26 
of EU Regulation 1151/2012 before IP completion day , and 
 (ii) any necessary adjustment has been made to the  entry for that name on the 
European Commission’s TSGs Register pursuant to Art icle 26(4) of EU 
Regulation 1151/2012 before IP completion day.”. 
(27)  Omit Article 26. 
(28)  In Article 27, for “the internal market” substitute  “Great Britain”. 
(29)  For Article 28 substitute— 
“Article 28 
Existing enactments 
1. Nothing in this Regulation prevents the maintena nce of any enactment in domestic 
legislation on optional quality terms that is not c overed by this Regulation and is in force 
immediately before IP completion day, provided that  the enactment is not contrary to 
retained EU law. 
2. In paragraph 1: 
(a) ‘enactment in domestic legislation’ means an en actment contained in: 
 (i) an Act or in an Order in Council, order, rules , regulations or other instrument 
made under an Act; 
 (ii) an Act of the Scottish Parliament or in an in strument made under an Act of the 
Scottish Parliament; 
 (iii) a Measure or Act of Senedd Cymru or in an in strument made under a Measure or 
Act of Senedd Cymru; 
(b) ‘maintenance’ includes repeal and replacement, and revocation and replacement, 
without, in both cases, any substantive modificatio n of the provisions describing and 
regulating the use of the relevant optional quality  term. 
3. A modification of provisions relating to the enf orcement of an enactment in domestic 
legislation on optional quality terms is not be to regarded as a modification of the 
enactment in domestic legislation on optional quali ty terms.”. 
(30)  In Article 29— 
(a)  in paragraph 1(c), for “European” substitute “Great  British”; 
(b)  in paragraph 4, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”; 
(c)  in paragraph 5— 
(i)  for “Commission may adopt implementing acts” substi tute “Secretary of State may 
make regulations”; 
(ii)  omit the second sentence; 
(d)  in paragraph 6— 
(i)  for “adopting delegated and implementing acts” subs titute “making regulations”; 
(ii)  for “Commission” substitute “Secretary of State”. 
(31)  In Article 30— 
(a)  in paragraph 1, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”; 
(b)  in paragraph 2, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”.  29 (32)  In Article 31— 
(a)  in paragraph 2— 
(i)  in the first sentence— 
(aa)  for “the Union” substitute “Great Britain”; 
(bb)  for “Article 18(1) of Regulation (EC) No 1257/1999( a)”, in the first place it 
occurs, substitute “Article 32(1)(a) of Regulation (EU) No 1305/2013 of the 
European Parliament and of the Council on support f or rural development by 
the European Agricultural Fund for Rural Developmen t (EAFRD)( b)”; 
(ii)  in the second sentence— 
(aa)  after “For” insert “Northern Ireland and”; 
(bb)  after “the” insert “authorities in Northern Ireland  or the relevant”; 
(cc)  for “Article 18(1) of Regulation (EC) No 1257/1999” , in the second place it 
occurs, substitute “Article 32(2) of Regulation (EU ) No 1305/2013 of the 
European Parliament and of the Council”; 
(b)  in paragraph 3— 
(i)  for the words from “Commission”, in the first place  it occurs, to “56,” substitute 
“Secretary of State may make regulations”; 
(ii)  for the words from “Commission”, in the second plac e it occurs, to “act” substitute 
“Secretary of State may make regulations”; 
(c)  in paragraph 4, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”. 
(33)  Omit Article 32. 
(34)  In Article 33(2)— 
(a)  for “Commission may adopt implementing acts” substi tute “Secretary of State may make 
regulations”; 
(b)  omit the second sentence. 
(35)  In Article 34, for “Member States” substitute “The designated authority”. 
(36)  In Article 37— 
(a)  in paragraph 1, in the second subparagraph, for “Th e Member States may also contribute” 
substitute “Nothing in this Regulation prevents the  Secretary of State from contributing”; 
(b)  in paragraph 2— 
(i)  in the words before point (a), after “originating i n” insert “Northern Ireland or”; 
(ii)  in point (a), after “by the” insert “authorities in  Northern Ireland or the relevant”; 
(c)  in paragraph 3— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  at the end insert “, in such manner as appears appr opriate to the Secretary of State 
from time to time”; 
(d)  omit paragraph 4. 
(37)  In Article 39— 
(a)  in the heading, after “in” insert “Northern Ireland  and”; 
(b)  in the paragraph, after “controls in” insert “North ern Ireland or”. 
                                                                                                                                            
(a) OJ No. L 160, 26.6.1999, p. 80, repealed by Counc il Regulation (EC) No 1698/2005 (OJ No. L 277, 21.1 0.2005, p. 1). 
(b) EUR 2013/1305, amended by S.I. 2019/764; there ar e other amending instruments but none is relevant. No areas in the 
United Kingdom were designated as mountain areas be fore IP completion day under Article 32(1)(a) of  R egulation (EU) 
No 1305/2013 of the European Parliament and of the Council on support for rural development by the Eur opean 
Agricultural Fund for Rural Development (EAFRD) (OJ  No. L 347, 20.12.2013, p. 487).  30 (38)  In Article 40— 
(a)  in paragraph 1— 
(i)  for “Member States” substitute “The Secretary of St ate”; 
(ii)  for the words from “41” to the end substitute “109( 1), 110(2) and 111(2) of 
Regulation (EU) 2017/625”; 
(b)  in paragraph 2, for “44 of Regulation (EC) No 882/2 004(a)” substitute “113(1) of 
Regulation (EU) 2017/625”. 
(39)  In Article 41— 
(a)  in paragraph 1— 
(i)  after “use” insert “in Great Britain”; 
(ii)  for “Union” substitute “United Kingdom”; 
(b)  in paragraph 2(b) omit “national or Union”; 
(c)  in paragraph 3, for the words from “Commission” to “56,” substitute “Secretary of State 
may make regulations”; 
(d)  after paragraph 3 insert— 
“4. In this Article, ‘legal acts’ means legislation  of the following kind whenever passed, 
made or adopted: 
(a) an Act and an enactment contained in any Order in Council, order, rules, regulations or 
other instrument made under an Act; 
(b) Northern Ireland legislation, an enactment cont ained in an instrument made under 
Northern Ireland legislation, and, so far as it app lies to Northern Ireland, anything that 
forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on 
Ireland/Northern Ireland in the EU withdrawal agree ment; 
(c) an Act of the Scottish Parliament and an enactm ent contained in an instrument made 
under an Act of the Scottish Parliament; 
(d) a Measure or Act of Senedd Cymru and an enactme nt contained in an instrument made 
under a Measure or Act of Senedd Cymru; 
(e) retained direct EU legislation.”. 
(40)  In Article 42(2), for the words from “Commission” t o “56,” substitute “Secretary of State 
may make regulations”. 
(41)  In Article 43— 
(a)  for “Union rules or to those of Member States” subs titute “retained EU law and any other 
enactments”; 
(b)  for “those rules” substitute “that law and those en actments”. 
(42)  In Article 44— 
(a)  omit paragraph 2; 
(b)  in paragraph 3— 
(i)  for “Commission shall adopt implementing acts” subs titute “Secretary of State may 
make regulations”; 
(ii)  omit the second sentence. 
(43)  In Article 45— 
(a)  in paragraph 1— 
(i)  in the words before point (a), for “Regulation (EC)  No 1234/2007” substitute 
“Regulation 1308/2013”; 
                                                                                                                                            
(a) OJ No. L 165, 30.4.2004, p. 1, repealed by Regula tion (EU) 2017/625 of the European Parliament and o f the Council (OJ 
No. L 95, 7.4.2017, p. 1).  31 (ii)  in point (a), for the words from “competent authori ties” to “other competent” 
substitute “the competent authority or any designat ed”; 
(b)  in paragraph 2— 
(i)  for “Member States”, in the first place it occurs, substitute “The Secretary of State”; 
(ii)  for “on their territories” substitute “in Great Bri tain”; 
(iii)  for the second and third sentences substitute— 
“The Secretary of State must publish the names and addresses of the groups referred to in 
Article 3(2) in such manner as appears appropriate to the Secretary of State from time to 
time.”; 
(c)  after paragraph 2 insert— 
“3. In this Article, ‘the competent authority’ mean s the person specified in regulation 
3(1) of the Quality Schemes Regulations.”. 
(44)  In Article 46— 
(a)  in paragraph 1, for “Member States” substitute “The  Secretary of State”; 
(b)  in paragraph 3, for “Member States” substitute “The  Secretary of State”. 
(45)  In Article 47— 
(a)  for “(EC) No 882/2004” substitute “(EU) 2017/625”; 
(b)  for “Member States may charge” substitute “nothing in this Regulation prevents the 
Secretary of State from charging”. 
(46)  In Article 49— 
(a)  in paragraph 1, in the first subparagraph omit “Mem ber States or third”; 
(b)  in paragraph 2— 
(i)  in the first sub-paragraph— 
(aa)  for “a Member State”, in both places it occurs, sub stitute “the United 
Kingdom”; 
(bb)  for “addressed to the authorities of that Member St ate” substitute “lodged with 
the Secretary of State”; 
(ii)  omit the second sub-paragraph; 
(c)  omit paragraphs 3 and 4; 
(d)  in paragraph 5, for “Commission,” substitute “Secre tary of State”; 
(e)  in paragraph 6, for “Commission” substitute “Secret ary of State”; 
(f)  in paragraph 7— 
(i)  omit the first subparagraph; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence; 
(g)  after paragraph 7 insert— 
“8. In relation to the reference to “different coun tries” in paragraph 1, the United 
Kingdom is to be regarded as being one country.”. 
(47)  In Article 50— 
(a)  in the heading, for “ Commission ” substitute “ Secretary of State ”; 
(b)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission”, in both places it occurs, substit ute “Secretary of State”;  32 (bb)  for “that it receives” substitute “received”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  after “public” insert “, in such manner as appears appropriate to the Secretary 
of State from time to time,”; 
(cc)  for “it” substitute “the Secretary of State”; 
(c)  in paragraph 2— 
(i)  in the words before point (a)— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(cc)  for “the Official Journal of the European Union ” substitute “such manner as 
appears appropriate to the Secretary of State from time to time”; 
(ii)  in point (a) omit “the reference to the publication  of the”. 
(48)  In Article 51— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “in the Official Journal of the European Union ” substitute “of the 
documents published under Article 50(2)”; 
(bb)  omit “of a Member State or”; 
(cc)  omit “and established in a third country”; 
(dd)  for “Commission” substitute “Secretary of State”; 
(ii)  omit the second subparagraph; 
(iii)  in the last subparagraph, for “Commission” substitu te “Secretary of State”; 
(b)  in paragraph 2, for “Commission”, in both places it  occurs, substitute “Secretary of 
State”; 
(c)  in paragraph 3, in the first, second and third subp aragraphs, for “Commission”, in each 
place it occurs, substitute “Secretary of State”; 
(d)  in paragraph 4, for “Commission” substitute “Secret ary of State”; 
(e)  in paragraph 5, for “Commission” substitute “Secret ary of State”; 
(f)  in paragraph 6— 
(i)  in the first subparagraph, for the words from “Comm ission” to “56,” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence. 
(49)  In Article 52— 
(a)  in paragraph 1— 
(i)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(ii)  for “it shall adopt implementing acts rejecting” su bstitute “the Secretary of State 
must reject”; 
(iii)  omit the second sentence; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”;  33 (ii)  for the words from “it” to “registering” substitute  “the Secretary of State must 
register”; 
(c)  in paragraph 3— 
(i)  in the words before point (a)— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(ii)  in point (a) omit the words from “by means” to “sub stantial”; 
(iii)  in point (b), for the words from “adopt” to the end  substitute “decide whether to 
register the name”; 
(d)  for paragraph 4 substitute— 
“4. After making a decision under this Article, the  Secretary of State must publish in 
such manner as appears appropriate to the Secretary  of State from time to time: 
(a) a notice: 
 (i) informing the applicant and the public of the decision made in relation to the 
application and the reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 54a against the 
decision and the period within which an appeal may be made, and 
(b) where the application is approved, a copy of th e approved product specification. 
5. An implementing act to which paragraph 6 applies  is revoked. 
6. This paragraph applies to an implementing act ad opted by the European Commission 
under Article 52 of EU Regulation 1151/2012 and inc orporated into domestic law by 
section 3(1) of the EUWA.”. 
(50)  After Article 52 insert the new Article 52a in Part  4 of Schedule 2. 
(51)  In Article 53— 
(a)  in paragraph 2, in the second subparagraph— 
(i)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(ii)  for “the Official Journal of the European Union ” substitute “such manner as appears 
appropriate to the Secretary of State from time to time”; 
(b)  in paragraph 3— 
(i)  in the first subparagraph, for the words from “Comm ission” to “56,” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence; 
(c)  after paragraph 3 insert— 
“4. An implementing act to which paragraph 5 applie s is revoked. 
5. This paragraph applies to an implementing act: 
(a) concerning a decision of the European Commissio n relating to an application to amend 
a product specification for a designation of origin , geographical indication or 
traditional speciality guaranteed protected in the European Union at the time the 
application was submitted, 
(b) adopted by the European Commission pursuant to Article 53(2) of EU Regulation 
1151/2012 following the appropriate procedure refer red to in that paragraph, and 
(c) incorporated into domestic law by section 3(1) of the EUWA.”.  34 (52)  In Article 54— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, in the words before poin t (a)— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “its” substitute “the Secretary of State’s”; 
(cc)  for “adopt implementing acts to” substitute “decide  to”; 
(ii)  in the second subparagraph, for “Commission” substi tute “Secretary of State”; 
(iii)  omit the third subparagraph; 
(b)  in paragraph 2— 
(i)  in the first subparagraph, for the words from “Comm ission” to “56” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission may adopt implementing acts” substi tute “Secretary of State 
may make regulations”; 
(bb)  omit the second sentence; 
(c)  after paragraph 2 insert— 
“3. An implementing act to which paragraph 4 applie s is revoked. 
4. This paragraph applies to an implementing act ad opted by the European Commission 
under Article 54(1) of EU Regulation 1151/2012 and incorporated into domestic law by 
section 3(1) of the EUWA.”. 
(53)  After Title 5 insert the new Title 5A in Part 5 of Schedule 2. 
(54)  In Title 6 omit Chapter 1. 
(55)  For Article 56 substitute the Article in Part 6 of Schedule 2. 
(56)  Omit Article 57. 
(57)  In Article 58(1) omit the second subparagraph. 
(58)  In Article 59 omit the second paragraph. 
(59)  After Article 59 omit the words from “This Regulati on” to “States.”. 
(60)  After Annex 1 insert the new Annexes 1A and 1B in P art 7 of Schedule 2. 
Commission Implementing Regulation (EU) No 716/2013  
19.  In Commission Implementing Regulation (EU) No 716/ 2013 laying down rules for the 
application of Regulation (EC) No 110/2008 of the E uropean Parliament and of the Council on the 
definition, description, presentation, labelling an d the protection of geographical indications of 
spirit drinks( a), after Article 23 omit the words from “This Regul ation” to “States.”. 
Regulation (EU) No 1308/2013 of the European Parlia ment and of the Council 
20. —(1) Regulation (EU) No 1308/2013 of the European P arliament and of the Council 
establishing a common organisation of the markets i n agricultural products is amended as follows. 
(2)  In Article 93, after paragraph 1 insert— 
“1a. For the purpose of Article 102a and Annex 9A: 
                                                                                                                                            
(a) EUR 2013/716; prospective amendments were include d in S.I. 2019/865. They would have come into force  on IP 
completion day. They are omitted by regulation 6 of  this instrument and replaced, in relation to Great  Britain, on IP 
completion day with the amendments in regulation 19  of this instrument.  35 (a) ‘an Article 99 approval notice’ means a notice published under Article 99(3) relating to 
a decision of the Secretary of State to approve an application to register a designation 
of origin or geographical indication; 
(b) ‘enters into force’, in relation to a reference  to an international agreement, includes, 
where the provisional application of that agreement  is agreed between the parties 
before it enters into force, the provisional applic ation of the agreement and ‘entry into 
force’ is to be construed accordingly; 
(c) ‘EUIA’ means an international agreement made be tween the European Union and a 
third country that provides for the protection of a  designation of origin or geographical 
indication of the third country in the European Uni on; 
(d) ‘EU Regulation 1308/2013’ means Regulation (EU)  No 1308/2013 of the European 
Parliament and of the Council establishing a common  organisation of the markets in 
agricultural products( a) as it had effect before IP completion day; 
(e) ‘Great Britain’s PDOs and PGIs Register’ means the register established and 
maintained by the Secretary of State under Article 104; 
(f) ‘the relevant period’ means the period beginnin g on IP completion day and expiring at 
the end of the day that falls nine months after the  day on which IP completion day 
falls; 
(g) ‘the TMA’ means the Trade Marks Act 1994( b); 
(h) ‘the Types Table’ means the table in Part 3 of Annex 9A. 
1b. In the following provisions ‘third country’ mea ns any country except that it does not 
include any part of the British Islands: 
(a) the definition of ‘EUIA’ in paragraph 1a(c); 
(b) Annex 9A.”. 
(3)  After Article 93 insert the new Article 93a in Part  1 of Schedule 3. 
(4)  After Article 102 insert the new Articles 102a and 102b in Part 2 of Schedule 3. 
(5)  After Annex 9 insert the new Annex 9A in Part 3 of Schedule 3. 
Regulation (EU) No 251/2014 of the European Parliam ent and of the Council 
21. —(1) Regulation (EU) No 251/2014 of the European Pa rliament and of the Council on the 
definition, description, presentation, labelling an d the protection of geographical indications of 
aromatised wine products is amended as follows. 
(2)  In Article 1(3)— 
(a)  for “the Union”, in both places it occurs, substitu te “Great Britain”; 
(b)  for “the Member States” substitute “Great Britain, in Northern Ireland”. 
(3)  In Article 2, after point (3) insert the new points  (4) to (19) in Part 1 of Schedule 4. 
(4)  In Article 4— 
(a)  in paragraph 2— 
(i)  in the first subparagraph, for the words from “Comm ission” to “33” substitute 
“Secretary of State may make regulations”; 
(ii)  in the second subparagraph, for “Commission” substi tute “Secretary of State”; 
(b)  in paragraph 3— 
                                                                                                                                            
(a) OJ No. L 347, 20.12.2013, p. 671, to which there are amendments not relevant to this instrument. 
(b) 1994 c. 26. Section 49(1) was substituted by S.I.  2018/825. Section 50(1) was amended by S.I. 2018/8 25. Section 75 was 
amended by the Crime and Courts Act 2013 (c. 22), S chedule 9, paragraph 134, S.I. 2005/587. Section 76 (6) was inserted 
by S.I. 2005/587. Schedule 2A is prospectively inse rted in the Trade Marks Act 1994 on IP completion d ay by S.I. 
2019/269. Schedule 2B is prospectively inserted in the Trade Marks Act 1994 on IP completion day by S. I. 2019/638.  36 (i)  in the first subparagraph— 
(aa)  for the words from “Commission” to “acts,” substitu te “Secretary of State 
may, by regulations, specify the”; 
(bb)  omit the third sentence; 
(ii)  omit the second subparagraph. 
(5)  In Article 5(1), for “the Union” substitute “Great Britain”. 
(6)  In Article 7 omit “Member State or third”. 
(7)  Omit Article 9. 
(8)  In Chapter 3 insert, as the first Article in that C hapter, the new Article 9a in Part 2 of 
Schedule 4. 
(9)  In Article 10— 
(a)  in paragraph 2(f)— 
(i)  omit the words from “laid down” to “indication”; 
(ii)  for “Union”, in the second place it occurs, substit ute “retained EU”; 
(b)  after paragraph 2 insert— 
“3. In this Article: 
(a) ‘the applicable requirements’ means: 
 (i) where the geographical area concerned is locat ed in, or partly in, Great Britain, 
provisions in any enactment regulating the use of t he geographical indication in 
Great Britain; 
 (ii) where the geographical area concerned is loca ted in, or partly in, Northern Ireland, 
requirements laid down in law regulating the use of  the geographical indication in 
Northern Ireland, including, so far as it applies t o Northern Ireland, any legislation 
that forms part of domestic law of Northern Ireland  by virtue of section 7A of the 
EUWA and the Protocol on Ireland/Northern Ireland i n the EU withdrawal 
agreement; 
 (iii) where the geographical area concerned is loc ated in, or partly in, a third country: 
(aa) requirements laid down in law regulating the u se of the geographical 
indication in the third country in which the releva nt geographical area 
is located or partly located, and 
(bb) where they must be complied with in the third country in which the 
relevant geographical area is located, or partly lo cated, provisions laid 
down by an organisation that manages the geographic al indication 
regulating the use of the geographical indication i n that country; 
(b) ‘enactment’ means the following legislation whe never passed or made: 
 (i) an Act, and an enactment contained in any Orde r in Council, order, rules, 
regulations or other instrument made under an Act, except to the extent that they 
extend to Northern Ireland; 
 (ii) retained direct EU legislation, except to the  extent that it extends to Northern 
Ireland; 
 (iii) an Act of the Scottish Parliament, and an en actment contained in an instrument 
made under an Act of the Scottish Parliament; 
 (iv) a Measure or Act of Senedd Cymru and an enact ment contained in an instrument 
made under a Measure or Act of Senedd Cymru.”. 
(10)  In Article 11(2), for “Commission” substitute “Secr etary of State”. 
(11)  Omit Article 13. 
(12)  Before Article 14 insert—  37 “Article 13a 
Application for protection relating to a geographic al area in the United Kingdom 
An application for the protection of a geographical  indication for an aromatised wine 
product originating in the United Kingdom must be s ubmitted to the Secretary of State.”. 
(13)  In Article 14— 
(a)  in the heading, for “Commission” substitute “Secret ary of State”; 
(b)  in paragraph 1, for “Commission” substitute “Secret ary of State”; 
(c)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “referred to in Article 13(5)” substitute “subm itted to the Secretary of State”; 
(d)  in paragraph 3— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to the end substitute “the Secretary of State must publish the 
product specification referred to in Article 10(1)( c), and the single document referred 
to in Article 10(1)(d), in such manner as appears a ppropriate to the Secretary of State 
from time to time”; 
(e)  in paragraph 4— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to “decide to” substitute “ the Secretary of State must”; 
(iii)  for the second sentence substitute— 
“After making a decision to reject the application,  the Secretary of State must publish a 
notice in such manner as appears appropriate to the  Secretary of State from time to time: 
(a) informing the applicant and the public of the d ecision made in relation to the 
application and the reasons for that decision, and 
(b) providing information about the right to appeal  under Article 25a against that decision 
and the period within which an appeal may be made.” . 
(14)  In Article 15, in the first paragraph— 
(a)  for the words from “Member State or” to “or in” sub stitute “natural or legal person with a 
legitimate interest, or the authorities of ”; 
(b)  for “Commission” substitute “Secretary of State”. 
(15)  In Article 16— 
(a)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(b)  omit “, by means of implementing acts,”; 
(c)  for “Union law” substitute “retained EU law by appr oving the application”; 
(d)  omit the second sentence; 
(e)  after the existing paragraph insert— 
“After making a decision under the first paragraph,  the Secretary of State must publish in 
such manner as appears appropriate to the Secretary  of State from time to time: 
(a) a notice: 
 (i) informing the applicant and the public of the decision made in relation to the 
application and the reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 25a against that 
decision and the period within which an appeal may be made, and 
(b) where the application is approved, a copy of th e approved product specification.”. 
(16)  In Article 18—  38 (a)  in paragraph 1— 
(i)  in the second subparagraph, for “Union” substitute “United Kingdom”; 
(ii)  in the third subparagraph— 
(aa)  in point (a), for “Union” substitute “United Kingdo m”; 
(bb)  in point (b) omit “Union or national”; 
(b)  after paragraph 2 insert— 
“3. In this Article, ‘the relevant law’ means the f ollowing legislation whenever passed or 
made: 
(a) an Act and an enactment contained in any Order in Council, order, rules, regulations or 
other instrument made under an Act; 
(b) retained direct EU legislation; 
(c) Northern Ireland legislation, an enactment cont ained in an instrument made under 
Northern Ireland legislation, and, so far as it app lies to Northern Ireland, anything that 
forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on 
Ireland/Northern Ireland in the EU withdrawal agree ment; 
(d) an Act of the Scottish Parliament and an enactm ent contained in an instrument made 
under an Act of the Scottish Parliament; 
(e) a Measure or Act of Senedd Cymru and an enactme nt contained in an instrument made 
under a Measure or Act of Senedd Cymru.”. 
(17)  In Article 19— 
(a)  in paragraph 1, in the first subparagraph, for “Com mission” substitute “Secretary of 
State”; 
(b)  in paragraph 2, in the first subparagraph— 
(i)  for the words from “if” to “Union” substitute “in t he United Kingdom”; 
(ii)  for “Commission” substitute “Secretary of State”; 
(iii)  for the words from “by the Directive” to the end su bstitute “in, or under, the TMA”. 
(18)  After Article 19 insert the new Articles 19a and 19 b in Part 3 of Schedule 4. 
(19)  In Article 20— 
(a)  in paragraph 3, for “the Union” substitute “Great B ritain”; 
(b)  omit paragraph 4. 
(20)  In Article 21— 
(a)  number the first paragraph as paragraph 1; 
(b)  number the second paragraph as paragraph 11; 
(c)  in paragraph 1 (as numbered by sub-paragraph (a)), for the words from “Commission” to 
“34(2),” substitute “Secretary of State must”; 
(d)  after paragraph 1 (as numbered by sub-paragraph (a) ) insert the new paragraphs 
numbered 2 to 10 in Part 4 of Schedule 4; 
(e)  in paragraph 11 (as numbered by sub-paragraph (b))—  
(i)  for “the Union”, in the first place it occurs, subs titute “Great Britain”; 
(ii)  for “Union”, in the second place it occurs, substit ute “United Kingdom”; 
(iii)  for “the first paragraph” substitute “paragraph 1”;  
(f)  after paragraph 11 (as numbered by sub-paragraph (b )) insert— 
“12. An entry recorded on the register pursuant to paragraph 11 comes into force (and 
confers the protection provided by Article 20): 
(a) in a case where the register is established by the Secretary of State after IP completion 
day but before the end of the day following the day  on which IP completion day falls  39 and the entry is recorded on the register as establ ished during that period, on IP 
completion day; 
(b) in any other case, immediately the entry is rec orded on the register. 
13. In this Article: 
(a) ‘decision notice’: 
 (i) in paragraph 2 means a notice published under the second paragraph of Article 16; 
 (ii) in paragraphs 4 and 6 means a notice publishe d under the second paragraph of 
Article 16 as it applies to an application for an a mendment to a product 
specification that is not minor by virtue of Articl e 24(2); 
 (iii) in paragraph 8 means a notice published unde r Article 24(3); 
 (iv) in paragraph 10 means a notice published unde r the second paragraph of Article 
16 as it applies to cancellations by virtue of the second paragraph of Article 25; 
(b) in relation to a notice referred to in this Art icle, ‘notice period’ means the period of 20 
days from the day on which the relevant notice is p ublished by the Secretary of State, 
beginning with the day on which the notice is publi shed. 
14. In this Article a reference to ‘the information  recorded in the register pursuant to 
paragraph 2’ means the information recorded in the register pursuant to paragraph 2 or, 
where that information has been amended, that infor mation as amended from time to time.”. 
(21)  Omit Article 22. 
(22)  In Article 23(1)— 
(a)  in paragraph 1, in the first subparagraph— 
(i)  in the words before point (a), for “the Union” subs titute “Great Britain”; 
(ii)  in point (a), for “or authorities referred to in Ar ticle 22” substitute “designated by 
regulation 4 of the Wine Regulations 2011 as it ext ends to Great Britain”; 
(iii)  in point (b)— 
(aa)  for “control” substitute “delegated”; 
(bb)  for the words from “the second” to “882/2004” subst itute “Article 2 of 
Regulation (EU) 2017/625 of the European Parliament  and of the Council on 
official controls and other official activities per formed to ensure the 
application of food and feed law, rules on animal h ealth and welfare, plant 
health and plant protection products”; 
(b)  after paragraph 1 insert— 
“1a. In respect of geographical indications protect ed under this Regulation relating to a 
geographical area in Northern Ireland, annual verif ication of compliance with the product 
specification, during the production and during or after conditioning of the aromatised wine 
product, must be ensured by: 
(a) the Secretary of State, or 
(b) one or more certification bodies.”; 
(c)  in paragraph 3, after “paragraph 1” insert “, point  (b) of paragraph 1a”; 
(d)  in paragraph 4, after “paragraph 1” insert “, point  (b) of paragraph 1a”. 
(23)  In Article 24— 
(a)  in paragraph 1, after “may apply” insert “to the Se cretary of State”; 
(b)  in paragraph 2— 
(i)  for “13” substitute “14”; 
(ii)  for “Commission shall, by means of implementing act s,” substitute “Secretary of 
State must”; 
(iii)  omit the words from “and in” to the end;  40 (c)  after paragraph 2 insert— 
“3. The Secretary of State, after making a decision  in relation to an application for a 
proposed amendment that is minor, must publish in s uch manner as appears appropriate to 
the Secretary of State from time to time: 
(a) a notice: 
 (i) informing the applicant and the public of the decision made in relation to the 
application and the reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 25a against that 
decision and the period within which an appeal may be made, and 
(b) where the application is approved, a copy of th e approved amended product 
specification for the geographical indication.”. 
(24)  In Article 25— 
(a)  in the first paragraph— 
(i)  for “Commission may, on its” substitute “Secretary of State may, on the Secretary of 
State’s”; 
(ii)  omit “a Member State, of”; 
(iii)  omit “, by means of implementing acts,”; 
(iv)  omit the second sentence; 
(b)  in the second paragraph, for “13” substitute “14”. 
(25)  After Article 25 insert the new Articles 25a and 25 b in Part 5 of Schedule 4. 
(26)  In Article 26— 
(a)  in the heading, for “ Existing ” substitute “ Established ”; 
(b)  in paragraph 1— 
(i)  at the beginning insert “Established protected”; 
(ii)  omit the words from “listed” to “2014,”; 
(iii)  for the words from “Commission” to “34(2) of this R egulation” substitute “Secretary 
of State must”; 
(iv)  at the end insert as the last sentence— 
“The entries made to the register are to be treated  as taking effect on IP completion day.”; 
(c)  omit paragraphs 2 to 4. 
(27)  Omit Article 27. 
(28)  In Article 28— 
(a)  for the heading substitute— 
“Article 28 
Power to make regulations ”; 
(b)  in paragraph 1, in the words before point (a), for the words from “Commission” to “33” 
substitute “Secretary of State may make regulations ”; 
(c)  in paragraph 2, for the words from “Commission” to “33” substitute “Secretary of State 
may make regulations”; 
(d)  in paragraph 3— 
(i)  in the words before point (a), for the words from “ Commission” to “33” substitute 
“Secretary of State may make regulations”; 
(ii)  in point (c), for “Commission” substitute “Secretar y of State”; 
(iii)  after point (f) insert— 
“(fa) amend Article 21(3) as regards the date from which protection runs;”;  41 (iv)  after point (h) insert— 
“(ha) amend Article 21(5), (7) or (9) as regards th e date on which an amendment enters 
into force;”; 
(e)  in paragraph 4, for the words from “Commission” to “33” substitute “Secretary of State 
may make regulations”. 
(29)  In Article 29— 
(a)  for the heading substitute— 
“Article 29 
Further power to make regulations ”; 
(b)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  in the words before point (a), for the words from “ Commission” to 
“measures” substitute “Secretary of State may make regulations”; 
(bb)  in point (d), for “Member States” substitute “autho rities specified in those 
regulations”; 
(ii)  omit the second subparagraph; 
(c)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  for the words from “Commission” to “adopt” substitu te “Secretary of State 
may, by regulations, make provision for”; 
(bb)  for “, cancellation, or conversion” substitute “or cancellation”; 
(cc)  for “existing” substitute “established”; 
(ii)  omit the second subparagraph. 
(30)  In Article 30, for the words from “Commission” to “ decide to” substitute “Secretary of 
State must”. 
(31)  In Article 31— 
(a)  omit paragraph 1; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  for the words from “Commission” to “rules” substitu te “Secretary of State 
may make regulations”; 
(bb)  omit “by the Member States”; 
(cc)  after “application of” insert “Chapter 2 of”; 
(ii)  omit the second subparagraph; 
(iii)  insert as the last subparagraph— 
“The Secretary of State may make regulations concer ning the administrative and physical 
checks to be conducted with regard to the respect o f obligations resulting from the 
application of Chapter 3 of this Regulation.”. 
(32)  In Article 32— 
(a)  in paragraph 1— 
(i)  for “Member States and the Commission” substitute “ The specified authorities in 
Great Britain”; 
(ii)  after “authorities of” insert “Northern Ireland and ”; 
(b)  in paragraph 2, in the words before point (a), for the words from “Commission” to “lay” 
substitute “Secretary of State may make regulations  laying”; 
(c)  in paragraph 3—  42 (i)  in the first subparagraph— 
(aa)  for the words before point (a) substitute— 
“The Secretary of State may, by regulations, make”;  
(bb)  in point (c), for “Member States, the competent aut horities” substitute 
“specified authorities in Great Britain, authoritie s in Northern Ireland and”; 
(ii)  omit the second subparagraph; 
(d)  after paragraph 3 insert— 
“4. The specified authorities in Great Britain for the purpose of this article are: 
(a) in relation to England, the Secretary of State;  
(b) in relation to Scotland, the Scottish Ministers ; 
(c) in relation to Wales, the Welsh Ministers.”. 
(33)  For Article 33 substitute the new Article 33 in Par t 6 of Schedule 4. 
(34)  Omit Article 34. 
(35)  In Article 36— 
(a)  omit paragraph 1; 
(b)  in paragraph 2— 
(i)  for “have been” substitute “were”; 
(ii)  after “1601/91( a)” insert “as it had effect in Great Britain immedi ately”; 
(c)  in paragraph 3— 
(i)  omit “and Article 9” in both places it occurs; 
(ii)  for “have been” substitute “were”; 
(iii)  after “1601/91” insert “, as that Regulation had ef fect in Great Britain immediately 
before it was repealed,”. 
(36)  In Article 37 omit the second paragraph. 
(37)  After Article 37 omit the words from “This Regulati on” to “States.”. 
(38)  In Annex 1, in point (5)— 
(a)  in the second subparagraph, for the words from “Dir ective 2009/54/EC( b)” to “Directive 
98/83/EC( c)” substitute “any relevant water quality legislati on”; 
(b)  after the third subparagraph insert the new subpara graph in Part 7 of Schedule 4. 
(39)  In Annex 2, in Part B— 
(a)  in point (3), in the second paragraph— 
(i)  for “other Member States” substitute “another count ry”; 
(ii)  for “Member State” substitute “country”; 
(b)  in point (4), in the second paragraph— 
(i)  for “other Member States” substitute “another count ry”; 
(ii)  for “Member State” substitute “country”; 
(c)  in point (13), in the second paragraph— 
(i)  for “other Member States” substitute “another count ry”; 
                                                                                                                                            
(a) This is a reference to Council Regulation (EEC) N o 1601/91 laying down general rules on the definiti on, description and 
presentation of aromatized wines, aromatized wine-b ased drinks and aromatized wine-product cocktails ( OJ No. L 149, 
14.6.1991, p. 1), as last amended (before its repea l) by Regulation (EC) No 1334/2008 of the European Parliament and of 
the Council (OJ No. L 354, 31.12.2008, p. 34). It w as repealed by Regulation (EU) No 251/2014 of the E uropean 
Parliament and of the Council (OJ No. L 84, 20.3.20 14, p. 14).  
(b) OJ No. L 164, 26.6.2009, p. 45. 
(c) OJ No. L 330, 5.12.1998, p. 32, last amended by C ommission Directive (EU) 2015/1787 (OJ No. L 260, 7 .10.2015, p. 6).  43 (ii)  for “Member State” substitute “country”. 
(40)  After Annex 2 insert the new Annexes 2A and 2B in P art 8 of Schedule 4. 
Commission Delegated Regulation (EU) No 664/2014 
22. —(1) Commission Delegated Regulation (EU) No 664/20 14 supplementing Regulation (EU) 
No 1151/2012 of the European Parliament and of the Council with regard to the establishment of 
the Union symbols for protected designations of ori gin, protected geographical indications and 
traditional specialities guaranteed and with regard  to certain rules on sourcing, certain procedural 
rules and certain additional transitional rules is amended as follows. 
(2)  Before Article 1 insert— 
“Article A1 
Definition of ‘third country’ 
In this Regulation ‘third country’ means any countr y, other than the United Kingdom, and 
includes: 
(a) the Bailiwick of Guernsey; 
(b) the Bailiwick of Jersey; 
(c) the Isle of Man.”. 
(3)  In Article 2— 
(a)  for the heading substitute— 
“Article 2 
Symbols ”; 
(b)  omit “Union”; 
(c)  after the existing paragraph insert— 
“In Part A of the table in the Annex: 
(a) the symbol which is designed to publicise prote cted designations of origin for products 
marketed under that designation is established as i t appears in the first column of that 
table; 
(b) the symbol which is designed to publicise prote cted geographical indications for 
products marketed under that designation is establi shed as it appears in the second 
column of that table; 
(c) the symbol which is designed to publicise tradi tional specialities guaranteed for 
products marketed under that designation is establi shed as it appears in the third 
column of that table. 
In Part B of the table in the Annex, each of the sy mbols which appears in Part A of that 
table is set out in the corresponding form in which  it may be reproduced in black and white. 
”. 
(4)  Omit Article 4. 
(5)  In Article 5— 
(a)  at the beginning insert “In the case of an applicat ion to which Article 49(5) of Regulation 
(EU) No 1151/2012 applies,”; 
(b)  omit “of the Member State or”; 
(c)  for “Commission” substitute “Secretary of State”; 
(d)  omit “of a Member State or”. 
(6)  Article 6 is amended in accordance with paragraphs (7) to (12). 
(7)  In paragraph 1, in the third and fourth subparagrap hs, for “Commission” substitute 
“Secretary of State”.  44 (8)  In paragraph 2— 
(a)  in the first subparagraph— 
(i)  in the first sentence, for the words from “authorit ies” to “relates to” substitute 
“Secretary of State”; 
(ii)  in the second sentence, for the words from “authori ties” to “established” substitute 
“Secretary of State”; 
(iii)  in the third sentence— 
(aa)  after “a product specification” insert “concerning products originating in the 
United Kingdom”; 
(bb)  for “Member State” substitute “Secretary of State”;  
(iv)  for the fourth sentence substitute— 
“Applications for a minor amendment to a product sp ecification concerning products 
originating in the United Kingdom must be submitted  by a group having a legitimate 
interest.”; 
(v)  in the fifth sentence, for “Commission” substitute “Secretary of State”; 
(b)  in the third and fourth subparagraphs, for “Commiss ion” substitute “Secretary of State”; 
(c)  for the fifth subparagraph substitute— 
“After making a decision in relation to an applicat ion under this paragraph, the Secretary of 
State must publish in such manner as appears approp riate to the Secretary of State: 
(a) a notice: 
 (i) informing the applicant and the public of the decision made under this paragraph 
in relation to the application and the reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 54a of Regulation 
(EU) No 1151/2012 against the decision and the peri od within which an appeal 
may be made, and 
(b) where the application is approved, a copy of th e amended product specification. 
The publication obligations imposed on the Secretar y of State by the previous subparagraph 
also apply in the case of an application that is ta citly approved by virtue of the third 
subparagraph.”. 
(9)  In paragraph 3— 
(a)  in the first subparagraph— 
(i)  after “public authorities” insert “of a third count ry”; 
(ii)  after “competent authorities” insert “of a third co untry (‘third country temporary 
amendments’)”; 
(b)  number the second subparagraph as paragraph 3a. 
(10)  In paragraph 3a (as numbered by paragraph (9)(b))— 
(a)  omit the second and third sentences; 
(b)  for “Temporary amendments concerning products origi nating in third countries” 
substitute “They”; 
(c)  for the words from “Member States shall publish” to  “third countries the” substitute 
“The”; 
(d)  omit “Member States and”; 
(e)  omit the last sentence; 
(f)  for “Commission”, in each place it occurs in the re maining text, substitute “Secretary of 
State”. 
(11)  After paragraph 3a (as numbered by paragraph (9)(b) ) insert—  45 “3b. The Secretary of State must publish a notice, in such manner as appears appropriate 
to the Secretary of State from time to time, provid ing the public with details of a third 
country temporary amendment and the period during w hich that temporary amendment is to 
apply.”. 
(12)  After paragraph 3b (as numbered by paragraph (9)(b) ) insert the new paragraphs 4 to 4o in 
Part 1 of Schedule 5. 
(13)  Omit Article 7(2). 
(14)  Omit Articles 8 and 9. 
(15)  In Article 10 omit the second paragraph. 
(16)  After Article 10 omit the words from “This Regulati on” to “States.”. 
(17)  For the Annex substitute the Annex in Part 2 of Sch edule 5. 
Commission Implementing Regulation (EU) No 668/2014  
23. —(1) Commission Implementing Regulation (EU) No 668 /2014 laying down rules for the 
application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on 
quality schemes for agricultural products and foods tuffs is amended as follows. 
(2)  Before Article 1 insert— 
“Article A1 
Definitions 
In this Regulation: 
(a) ‘EU Regulation 1151/2012’ means Regulation (EU)  No 1151/2012 of the European 
Parliament and of the Council on quality schemes fo r agricultural products and 
foodstuffs as it had effect immediately before IP c ompletion day; 
(b) ‘EU Regulation 668/2014’ means Commission Imple menting Regulation (EU) No 
668/2014 laying down rules for the application of R egulation (EU) No 1151/2012 of 
the European Parliament and of the Council on quali ty schemes for agricultural 
products and foodstuffs as it had effect immediatel y before IP completion day; 
(c) ‘Great Britain’s PDOs and PGIs Register’ has th e meaning given in Article 3(23) of 
Regulation (EU) No 1151/2012; 
(d) ‘third country’ means any country, other than t he United Kingdom, and includes: 
 (i) the Bailiwick of Guernsey; 
 (ii) the Bailiwick of Jersey; 
 (iii) the Isle of Man.” . 
(3)  Omit Article 1(2). 
(4)  In Article 6— 
(a)  in paragraph 1 omit the second subparagraph; 
(b)  in paragraph 3, for “Commission”, in both places it  occurs, substitute “Secretary of 
State”. 
(5)  In Article 8— 
(a)  for the words from “as referred to” to “States conc erned” substitute “by more than one 
group referred to in the first subparagraph of Arti cle 49(1) of Regulation (EU) No 
1151/2012 relating to a trans-border geographical a rea, or the name of a traditional 
speciality guaranteed, must be submitted to the Sec retary of State by one of the applicant 
groups or through the authorities of the relevant t hird country concerned or by the 
authorities of one of the third countries concerned  (where there is more than one of 
them)”; 
(b)  for “Member States and third” substitute “of the”. 
(6)  In Article 9(3), for “Commission” substitute “Secre tary of State”.  46 (7)  In Article 10— 
(a)  in paragraph 1, in the first subparagraph, for the words from “The reference” to “lead to 
the” substitute “The application must be accompanie d by an”; 
(b)  in paragraph 2— 
(i)  in the second subparagraph, for the words from “The  reference” to “lead to the” 
substitute “It must also be accompanied by an”; 
(ii)  omit the third subparagraph; 
(iii)  in the fourth subparagraph omit the second sentence ; 
(c)  in paragraph 3— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “the second subparagraph of Article 6(3)”, in t he first place it occurs, substitute 
“Article 6(3a)”; 
(iii)  for “the second subparagraph of Article 6(3)”, in t he second place it occurs, 
substitute “Article 6(3c)”; 
(d)  in paragraph 4, for “Commission”, in both places it  occurs, substitute “Secretary of 
State”. 
(8)  In Article 11(1) omit the second subparagraph. 
(9)  In Article 12— 
(a)  for “Commission” substitute “Secretary of State”; 
(b)  for “10, 11, and 15” substitute “10 and 11”. 
(10)  In Article 13— 
(a)  in paragraph 1— 
(i)  omit “Union”; 
(ii)  for “Annex X to this Regulation” substitute “the An nex to Delegated Regulation 
(EU) No 664/2014 and in accordance with paragraph 2 .”; 
(b)  for paragraph 2 substitute— 
“2. Where a symbol appears on the labelling of a pr oduct, it must be reproduced as 
follows: 
(a) the whole of the symbol must be printed; 
(b) the symbol must be printed to a minimum size of  15mm x 15mm; 
(c) when printed in colour, the symbol must be prin ted using: 
 (i) in the Pantone colour matching system( a), Pantone gold solid PMS 467 C and 
PMS Black C, or 
 (ii) in the four-colour CMYK system( b), the combined coloured printing inks in the 
measures: 
(aa) gold – C:0 M:15 Y:40 K:15, and 
(bb) black – C:0 M:0 Y:0 K:100; 
(d) when printed in black and white, the symbol: 
 (i) must be displayed on a white background; 
 (ii) may not be reversed as a negative image; 
 (iii) must be printed using: 
                                                                                                                                            
(a) The Pantone colour matching system is an industry -standard colour specification system which allocat es a number and a 
specific ink formulation to each colour. 
(b) CMYK refers to a process of printing colour using  four inks: Cyan (C), Magenta (M), Yellow (Y) and K ey (K) where Key 
is black.  47 (aa) in the Pantone colour matching system, Pantone  PMS Black C, or 
(bb) in the four-colour CMYK system, black - C:0 M: 0 Y:0 K:100.”; 
(c)  in paragraph 3 omit “Union”; 
(d)  omit paragraph 5. 
(11)  In Article 14— 
(a)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  for the words from the beginning to “registering” s ubstitute “Where the 
Secretary of State publishes a notice under Article  52(4) of Regulation (EU) 
No 1151/2012 relating to a decision of the Secretar y of State to approve the 
registration of”; 
(bb)  for “Commission shall” substitute “Secretary of Sta te must, as soon as 
possible after the notice period relating to the no tice has expired,”; 
(ii)  for point (c) substitute— 
“(c) the date of registration;”; 
(b)  after paragraph 1 insert— 
“1a. The Secretary of State must attach a copy of t he product specification for the 
designation or origin or geographical indication re ferred to in paragraph 1 to the register as 
soon as possible after the notice period relating t o the notice has expired. 
1b. An entry for a designation of origin or geograp hical indication recorded in the 
register pursuant to paragraph 1 grants the protect ion for the designation of origin or 
geographical indication provided for in Article 13 of Regulation (EU) No 1151/2012 and 
that protection takes effect immediately after: 
(a) the entry is recorded in the register, and 
(b) a copy of the product specification for the des ignation of origin or geographical 
indication is attached to the register.”; 
(c)  in paragraph 2— 
(i)  in the words before point (a), for the words from t he beginning to “shall” substitute 
“Where the Secretary of State publishes a notice un der Article 52(4) of Regulation 
(EU) No 1151/2012 relating to the Secretary of Stat e’s decision to approve an 
application to register a traditional speciality gu aranteed, the Secretary of State must, 
as soon as possible after the notice period relatin g to the notice has expired,”; 
(ii)  for point (c) substitute— 
“(c) the date of registration;”; 
(iii)  omit point (f); 
(d)  after paragraph 2 insert— 
“2a. The Secretary of State must attach a copy of t he product specification for the 
traditional speciality guaranteed referred to in pa ragraph 2 to the register as soon as possible 
after the notice period relating to the notice has expired. 
2b. An entry for a traditional speciality guarantee d made in the register grants the 
protection for the traditional speciality guarantee d provided for in Article 24 of Regulation 
(EU) No 1151/2012 and that protection takes effect immediately after: 
 (i) the entry is recorded in the register, and 
 (ii) a copy of the product specification for the t raditional speciality guaranteed is 
attached to the register.”; 
(e)  for paragraphs 3 and 4 substitute the new paragraph s 3 to 3n and 4 to 6 in Part 1 of 
Schedule 6.  48 (12)  After Article 14 insert the new Articles 14a and 14 b in Part 2 of Schedule 6. 
(13)  Omit Article 15. 
(14)  In Article 16 omit the second, third and fourth par agraphs. 
(15)  After Article 16 omit the words from “This Regulati on” to “States.”. 
(16)  In Annex 1— 
(a)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(b)  in section 2, in the heading, for “ Member State ” substitute “ Great Britain, Northern 
Ireland ”; 
(c)  after the line below section 5, for the words from “ Reference ” to the end substitute— 
“Product specification 
[attach copy]”. 
(17)  In Annex 2, in the words before section 1— 
(a)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(b)  for “Member State” substitute “Great Britain, North ern Ireland”. 
(18)  In Annex 3— 
(a)  in section 1, for “ Official Journal (OJ ) publication” substitute “the single document 
(where relevant) and product specification for the application published under Article 
50(2) of Regulation (EU) No 1151/2012”; 
(b)  in section 2— 
(i)  for “ Official Journal (OJ ) publication” substitute “connection with the publ ication of 
the single document (where relevant) and product sp ecification for the application 
published under Article 50(2) of Regulation (EU) No  1151/2012”; 
(ii)  for “Date of OJ  publication” substitute “Date of publication”; 
(c)  in section 3, for “ national ” substitute “ third country ”; 
(d)  in section 5, in the second subparagraph, after “au thorities” insert “of a third country”. 
(19)  In Annex 4— 
(a)  in section 1, for “ Official Journal (OJ)  publication” substitute “the notice relating to th e 
application published under Article 50(2) of Regula tion (EU) No 1151/2012”; 
(b)  in section 2— 
(i)  in the heading, for “ Official Journal (OJ)  publication ” substitute “ the notice 
relating to the application published under Article  50(2) of Regulation (EU) No 
1151/2012 ”; 
(ii)  for “Date of OJ  publication” substitute “Date of publication”. 
(20)  In Annex 5— 
(a)  in the words before section 1, for “EU No: [for EU use only]” substitute “GB No: [for 
official use only]”; 
(b)  in section 2, in the heading, for “ Member State ” substitute “ Great Britain, Northern 
Ireland ”. 
(21)  In Annex 6— 
(a)  in the words before section 1, for “EU No: [for EU use only]” substitute “GB No: [for 
official use only]”; 
(b)  in section 2, in the heading, for “ Member State ” substitute “ Great Britain, Northern 
Ireland ”. 
(22)  In Annex 7— 
(a)  in the words before section 1, for “EU No: [for EU use only]” substitute “GB No: [for 
official use only]”;  49 (b)  in section 2, in the heading, for “ Member State ” substitute “ Great Britain, Northern 
Ireland ”; 
(c)  in section 6, for the words in square brackets and points (a) and (b) substitute “[Insert the 
proposed updated product specification]”. 
(23)  In Annex 8— 
(a)  in the words before section 1— 
(i)  for “the second subparagraph of Article 6(3)” subst itute “Article 6(3a)”; 
(ii)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(b)  in section 1, in the heading, omit “ Member State or ”. 
(24)  In Annex 9— 
(a)  in the words before section 1, for “EU No: [for EU use only]” substitute “GB No: [for 
official use only]”; 
(b)  in section 2, in the heading, for “ Member State ” substitute “ Great Britain, Northern 
Ireland ”. 
(25)  Omit Annex 10. 
Commission Delegated Regulation (EU) 2018/273 
24. —(1) Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil as regards the scheme of authorisations 
for vine plantings, the vineyard register, accompan ying documents and certification, the inward 
and outward register, compulsory declarations, noti fications and publication of notified 
information, and supplementing Regulation (EU) No 1 306/2013 of the European Parliament and 
of the Council as regards the relevant checks and p enalties( a) is amended as follows. 
(2)  In Article 1— 
(a)  omit points (a) and (e); 
(b)  in point (f) omit “and the analytical databank of i sotopic data”; 
(c)  in point (g) omit “and mutual assistance between th em”; 
(d)  for point (i) substitute— 
“(i) the publication of information.”. 
(3)  In Article 2— 
(a)  in paragraph 1— 
(i)  in point (a)— 
(aa)  for the words from “the Union” to “the European Uni on,” substitute “Great 
Britain”; 
(bb)  omit the words from “or for” to the end; 
(ii)  omit points (c) and (d); 
(iii)  in point (g) omit “to be defined by each Member Sta te,”; 
(iv)  after point (k) insert— 
“(l) ‘the 2010 Regulations’ means the Excise Goods (Holding, Movement and Duty Point) 
Regulations 2010( b); 
(m) ‘ARC’ means the unique administrative reference  code; 
                                                                                                                                            
(a) EUR 2018/273; prospective amendments were include d in S.I. 2019/865. They would have come into force  on IP 
completion day. They are omitted by regulation 6 of  this instrument and replaced, in relation to Great  Britain, on IP 
completion day with the amendments in regulation 24  of, and Schedule 7 to, this instrument. 
(b) S.I. 2010/593; relevant amending instruments are S.I. 2011/2225 and prospectively, from IP completio n day, 2019/13.  50 (n) ‘the competent authority’, in relation to a fun ction to be exercised in Great Britain, or 
any part of it, means the person designated to carr y out that function by regulation 4 of 
the Wine Regulations 2011 as it extends to Great Br itain; 
(o) ‘computerised system’ has the meaning given by regulation 3(1) of the 2010 
Regulations; 
(p) ‘export’ means export from Great Britain to a t hird country; 
(q) ‘HMRC Notice 197’ means the notice numbered 197 ( a) published by HMRC under 
regulation 56(2) of the 2010 Regulations as that no tice stands on IP completion day; 
(r) ‘import’ means import into Great Britain from a  third country; 
(s) ‘retained EU law’ has the meaning given in sect ion 6(7) of the European Union 
(Withdrawal) Act 2018 but does not include any legi slation so far as it extends to 
Northern Ireland; 
(t) ‘third country’ means any country, other than t he United Kingdom, and includes: 
 (i) the Bailiwick of Guernsey; 
 (ii) the Bailiwick of Jersey; 
 (iii) the Isle of Man; 
(u) ‘unique administrative reference code’ has the meaning given in regulation 3(1) of the 
2010 Regulations.”; 
(b)  in paragraph 2, for “IV to VIII” substitute “4, 5, 7 and 8”; 
(c)  omit paragraph 3. 
(4)  Omit Chapters 2 and 3. 
(5)  Omit Articles 8 to 10. 
(6)  In Article 11— 
(a)  in paragraph 1— 
(i)  for the words from “point” to “10(1)” substitute “p aragraph 4”; 
(ii)  after “PGI” insert “if they comply with the conditi ons laid down in paragraphs 5 and 
6 and Annex 5”; 
(b)  omit paragraph 3; 
(c)  insert as paragraphs 4 to 8— 
“4. The documents referred to in paragraph 1 are: 
(a) a printed copy of an electronic administrative document that complies with the 
requirements for that document specified in HMRC No tice 197 and on which the 
unique administrative reference code assigned to th e document is given; 
(b) a paper document of the type specified in regul ation 60(2)(b) of the 2010 Regulations 
that complies with the requirements set out in regu lation 60(2A) of the 2010 
Regulations; 
(c) any other commercial document on which the uniq ue administrative reference code is 
clearly stated; 
(d) in the case of the movement within Great Britai n under duty suspension arrangements 
of wine and made-wine to which regulation 62(2) of the 2010 Regulations applies, a 
paper document of the type specified in regulation 62(3)(a) or (b) of the 2010 
Regulations. 
                                                                                                                                            
(a) A copy of the notice is available electronically from https://www.gov.uk/guidance/receive-goods-into -and-remove-goods-
from-an-excise-warehouse-excise-notice-197-from-1-j anuary-2021. A hard copy can be obtained, on writte n request, from 
HMRC, 100 Parliament Street, London SW1A 2BQ.  51 5. Where used for the purpose specified in paragrap h 1, a document referred to in 
paragraph 4 must include the information indicated in Section A of Annex 5 or allow the 
competent authorities to have access to that inform ation. 
6. Where that document bears a unique administrativ e reference code number assigned 
by the computerised system, the information referre d to in Section A of Annex 5 to this 
Regulation must be held in the system used. 
7. In the case of a wine product produced in Northe rn Ireland, a document recognised 
as an accompanying document for that type of produc t when transported in Northern 
Ireland or the European Union under Article 10 of E U Regulation 2018/273( a) certifies, as 
relevant, the following characteristics of the wine  product to which it relates: 
(a) the origin or provenance; 
(b) the quality and characteristics of the wine pro duct; 
(c) the vintage year; 
(d) the grape variety or varieties from which it is  produced; 
(e) the PDO or PGI. 
8. In this Article: 
(a) ‘EU Regulation 2018/273’ means Commission Deleg ated Regulation (EU) 2018/273 
supplementing Regulation (EU) No 1308/2013 of the E uropean Parliament and of the 
Council as regards the scheme of authorisations for  vine plantings, the vineyard 
register, accompanying documents and certification,  the inward and outward register, 
compulsory declarations, notifications and publicat ion of notified information, and 
supplementing Regulation (EU) No 1306/2013 of the E uropean Parliament and of the 
Council as regards the relevant checks and penaltie s as it has effect in Northern Ireland 
by virtue of section 7A of the European Union (With drawal) Act 2018; 
(b) ‘the electronic administrative document’ has th e meaning given in regulation 3(1) of 
the 2010 Regulations.”. 
(7)  In Article 12— 
(a)  in paragraph 1(a), for the words from “any” to “of this Regulation” substitute “the 
document referred to in Article 11(4)(b) or (c)”; 
(b)  in paragraph 2 omit “or MVV code”; 
(c)  in paragraph 3 omit “and (3)”. 
(8)  Omit Articles 13 to 19. 
(9)  In Article 20(2)— 
(a)  in point (a)— 
(i)  for “Union law” substitute “retained EU law”; 
(ii)  for “Union” substitute “United Kingdom”; 
(b)  in point (c)— 
(i)  for “Union legislation” substitute “retained EU law ”; 
(ii)  for “Union” substitute “United Kingdom”. 
(10)  In Article 21— 
(a)  in point (a)— 
(i)  in point (ii), for the words from “the Union” to th e end substitute “Great Britain”; 
(ii)  in point (iv), for the words from “within” to “1186 /2009” substitute “entering Great 
Britain from a third country”; 
                                                                                                                                            
(a) OJ No, L 58, 28.2.2018, p. 1, amended by Commissi on Delegated Regulation (EU) 2019/840 (OJ No. L 138 , 24.5.2019, p. 
74).  52 (iii)  in point (ix)— 
(aa)  for “Union”, in the first place it occurs, substitu te “United Kingdom”; 
(bb)  for “the customs territory of the Union” substitute  “Great Britain”; 
(b)  in point (b), in the words before point (i), for “b y the Union” substitute “in relation to 
Great Britain”. 
(11)  In Article 22(1), in the fourth subparagraph, for “ Union customs office” substitute “customs 
office in Great Britain”. 
(12)  In Article 23, in the first paragraph, in the words  before point (a), for the words from 
“shall” to “those formalities” substitute “relating  to a consignment must be handed over to the 
competent authority on the completion of the custom s formalities required for putting the 
consignment into free circulation in Great Britain” . 
(13)  In Article 24, in the first paragraph, in the words  before point (a), for “the Union”, in both 
places it occurs, substitute “Great Britain”. 
(14)  In Article 25(2)— 
(a)  for “Union legislation” substitute “retained EU law ”; 
(b)  for “Union” substitute “United Kingdom”. 
(15)  In Article 26(1), for “the Union” substitute “Great  Britain”. 
(16)  In Article 27— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, for “the Union”, in the first place it occurs, substitute 
“Great Britain”; 
(ii)  for the words from “have” in the first subparagraph  to “be” in the third subparagraph 
substitute “are”; 
(b)  in paragraph 2, for “the customs territory of the U nion” substitute “Great Britain”; 
(c)  in paragraph 3— 
(i)  for “of the Member State” substitute “in a case”; 
(ii)  after “free circulation” insert “in Great Britain”;  
(d)  omit paragraph 4. 
(17)  In Article 28— 
(a)  omit paragraph 2; 
(b)  in paragraph 3, in the first sentence— 
(i)  for “Member States shall” substitute “The Food Stan dards Agency must”; 
(ii)  at the end insert “in England and Wales and Food St andards Scotland must draw up 
and keep up-to-date a list of operators obliged to keep the register in Scotland”. 
(18)  Omit Article 30. 
(19)  Omit Chapter 6. 
(20)  In Article 36— 
(a)  omit paragraph 1; 
(b)  in paragraph 2 omit the second subparagraph; 
(c)  in paragraph 3, for “Paragraphs 1 and 2” substitute  “Paragraph 2”. 
(21)  In Article 37— 
(a)  omit paragraph 1; 
(b)  in paragraph 2— 
(i)  omit the first and second subparagraphs; 
(ii)  in the third subparagraph, at the beginning insert—   53 “Administrative and on-the-spot checks must be carr ied out.”; 
(c)  omit paragraph 3; 
(d)  in paragraph 4— 
(i)  for the words from the beginning to “countries” sub stitute “In the case of wines and 
other wine products from third countries that are i mported into Great Britain on the 
basis of a VI-1 document, checks”; 
(ii)  for the words from “the Member” to “Union” substitu te “Great Britain”. 
(22)  Omit Article 39. 
(23)  For Article 40 substitute— 
“Article 40 
Liaison body 
1. The Secretary of State is the liaison body respo nsible for official contact with: 
(a) third countries relating to matters covered by this Regulation for wine and other wine 
products imported into Great Britain from a third c ountry, or exported from Great 
Britain to a third country; 
(b) Northern Ireland relating to matters covered by  this Regulation for wine and other 
wine products moved into Great Britain from Norther n Ireland, or moved from Great 
Britain to Northern Ireland. 
2. But the Secretary of State must not act as the l iaison body responsible for official 
contact with third countries and Northern Ireland p ursuant to paragraph 1, without the 
consent of: 
(a) the Scottish Ministers, in relation to wine and  other wine products: 
 (i) imported into Great Britain from a third count ries during any period those 
products are in Scotland; 
 (ii) originating in Scotland and exported from Gre at Britain to third countries; 
 (iii) originating elsewhere than in Scotland and e xported from Scotland to third 
countries; 
 (iv) moved into Great Britain from Northern Irelan d during any period those products 
are in Scotland; 
 (v) originating in Scotland and moved from Great B ritain to Northern Ireland; 
 (vi) originating elsewhere than in Scotland and mo ved from Scotland to Northern 
Ireland; 
(b) the Welsh Ministers, in relation to wine and ot her wine products: 
 (i) imported into Great Britain from third countri es during any period those products 
are in Wales; 
 (ii) originating in Wales and exported from Great Britain to third countries; 
 (iii) originating elsewhere than in Wales and expo rted from Wales to a third country; 
 (iv) moved into Great Britain from Northern Irelan d during any period those products 
are in Wales; 
 (v) originating in Wales and moved from Great Brit ain to Northern Ireland; 
 (vi) originating elsewhere than in Wales and moved  from Wales to Northern Ireland.”. 
(24)  Omit Articles 41 to 44. 
(25)  In Article 45— 
(a)  omit the first paragraph; 
(b)  in the second paragraph— 
(i)  omit “of a Member State”;  54 (ii)  for the words from “of that” to the end substitute “designated by Article 40 must, 
without delay, inform, as relevant, the authorities  of Northern Ireland and any third 
country concerned”. 
(26)  Omit Article 46. 
(27)  In Article 47— 
(a)  in the heading, for “ Union rules ” substitute “ rules in retained EU law ”; 
(b)  in paragraph 1— 
(i)  omit “10,”; 
(ii)  omit “referred to in Article 8(1)”; 
(iii)  omit “of a Member State”; 
(c)  after paragraph 2 insert— 
“3. In this Article, ‘operators’ means winegrowers,  harvesters, producers, processors, 
bottlers and merchants.”. 
(28)  Omit Articles 48 to 50. 
(29)  In Article 51— 
(a)  in the heading, for “the information notified” subs titute “information”; 
(b)  in paragraph 1— 
(i)  in the words before point (a), for “the Commission”  substitute “and, in relation to 
point (d), the competent authority of Northern Irel and, the Secretary of State”; 
(ii)  in each of points (a), (b) and (c), at the beginnin g insert “in relation to each third 
country, the”; 
(iii)  in point (d)— 
(aa)  after “in” insert “Northern Ireland and”; 
(bb)  for “the Commission and the Member States” substitu te “Great Britain”; 
(c)  for paragraph 2 substitute— 
“2. The Secretary of State must publish, in such ma nner as appears appropriate to the 
Secretary of State from time to time: 
(a) the names and addresses of the competent author ities in Great Britain responsible for 
carrying out official analyses, the administrative certification procedure and checks 
relating to registers and accompanying documents, a nd 
(b) the lists referred to in paragraph 1. 
3. But the Secretary of State must not publish the information and the lists specified in 
paragraph 2(a) without the consent of: 
(a) insofar as the information and lists will apply  in relation to Scotland, the Scottish 
Ministers; 
(b) insofar as the information and lists will apply  in relation to Wales, the Welsh 
Ministers.”. 
(30)  In Chapter 9, in the heading omit “ AMENDMENTS, REPEALS, TRANSITIONAL 
AND ”; 
(31)  Omit Articles 52 to 55. 
(32)  After Article 56 omit the words from “This Regulati on” to “States.”. 
(33)  Omit Annexes 1 to 4. 
(34)  Annex 5 is amended in accordance with paragraphs (3 5) to (37). 
(35)  In Section A— 
(a)  in the first paragraph, for “10(2)” substitute “11( 5)”;  55 (b)  in the second paragraph— 
(i)  for the words from “points” to “10(1)” substitute “ Article 11(4)”; 
(ii)  for “Annex I to Regulation (EC) No 684/2009” substi tute “HMRC Notice 197”; 
(c)  omit the third paragraph; 
(d)  in the fourth paragraph— 
(i)  for “the Member States” substitute “the Secretary o f State, by administrative 
decision,”; 
(ii)  at the end insert— 
“The Secretary of State must publish that informati on in such manner as appears 
appropriate to the Secretary of State from time to time.”; 
(e)  after the fourth paragraph insert— 
“The Secretary of State may not make a decision con cerning the order and specific details 
concerning the layout of the entries on the documen ts referred to in Article 11(4) in relation 
to the use of such documents in Scotland or Wales w ithout the consent of: 
(a) in relation to Scotland, the Scottish Ministers ; 
(b) in relation to Wales, the Welsh Ministers.”; 
(f)  in the table— 
(i)  omit column 3; 
(ii)  in the first row (reference number), in column 1 om it “, the MVV code”; 
(iii)  in the sixth row (competent authorities at place of  dispatch), in column 1— 
(aa)  for “another Member State” substitute “Northern Ire land”; 
(bb)  for “the Union” substitute “Great Britain”; 
(iv)  in the eleventh row (description of packages of goo ds), in column 1 omit the second 
and third sentences; 
(v)  omit the seventeenth row (wine-growing zone code); 
(vi)  in the twentieth row (date of dispatch etc.), in co lumn 1, omit the words from “and” 
to the end”; 
(vii)  omit the last row (visa from the competent body of the place of dispatch). 
(36)  In Section B— 
(a)  in point 1.1— 
(i)  for the words from “point (a)(i)” to “10(1)” substi tute Article 11(4)”; 
(ii)  omit the words from “referred to in Article” to “10 (1)”; 
(b)  omit point 1.2; 
(c)  in point 1.3, for “10(1)” substitute “11(4)”; 
(d)  in point 1.5 omit “referred to in Article 17(1) or”  
(e)  in point 1.6— 
(i)  in the first subparagraph omit the words from “, in ” to “State,”; 
(ii)  omit the second subparagraph; 
(f)  in point 2.1— 
(i)  in point (a), for “Union rules” substitute “rules i n retained EU law”; 
(ii)  in point (c)— 
(aa)  in the first subparagraph, in point (ii), for “reco gnised by the Union” 
substitute “set down in Section 2 of Annex A to Vol ume 1 of the 2019 Edition 
of the Compendium of International Methods of Wines  and Musts Analysis 
published in Paris in January 2019 by the Internati onal Organisation of Vine  56 and Wine( a) (‘the OIV Compendium’) as that Compendium stands on IP 
completion day”; 
(bb)  for the second subparagraph substitute— 
“The information required by points (ii), (iii) and  (iv) of the first subparagraph must be 
expressed in a way that takes into account any rele vant provisions in the tables that apply to 
the measuring method for the evaluation by refracto metry of the sugar concentration in 
grape musts, concentrated grape musts and rectified  concentrated grape musts in Section 2 
of Annex A to the OIV Compendium( b) as that Compendium stands on IP completion day. 
”; 
(iii)  in point (d), in the words before point (i), for “U nion provisions” substitute 
“provisions in retained EU law”; 
(iv)  in point (e)— 
(aa)  omit point (i); 
(bb)  in point (ii), in the wording relating to the use o f the figure “12” (other 
operations) omit the words from “Examples” to “C II I(b)(2)”; 
(cc)  in the last sentence omit “the wine-growing area an d”. 
(37)  Omit Sections C and D. 
(38)  Annex 6 is amended in accordance with paragraphs (3 9) to (41). 
(39)  In the heading, for “ THE  UNION ” substitute “ GREAT BRITAIN ”. 
(40)  In Part 1— 
(a)  in the heading, for “ Article 21(6) of Directive 2008/118/EC (c)” substitute “ regulation 
57(7)(b) of the 2010 Regulations ”; 
(b)  in the specimen wording relating to the information  to be mentioned— 
(i)  in the words before point (1), for “ [Member State or European Union] ” substitute 
“Great Britain ”; 
(ii)  in point (1)(a), for the words from “ the‘E-Bacchus ” to the end substitute “ Great 
Britain’s PDOs and PGIs Register for wine establish ed and maintained by the 
Secretary of State pursuant to Article 104 of Regul ation (EU) No 1308/2013 of the 
European Parliament and of the Council (as incorpor ated into the law of Great 
Britain by the European Union (Withdrawal) Act 2018 ), as amended ”; 
(iii)  in point (2), for “ Union law ” substitute “ the law in Great Britain ”; 
(iv)  in point (4), for “ the  Union ” substitute “ Great Britain ”; 
(v)  in the box relating to the administrative reference  assigned by the competent 
authority omit “or  ‘MVV code’ ”. 
(41)  In Part 2— 
(a)  in Section A, for the template for the wine export certificate substitute the template for 
that certificate in Part 1 of Schedule 7; 
(b)  in Section B, in the table— 
                                                                                                                                            
(a) Volume 1 of the 2019 Edition of the Compendium of  International Methods of Wines and Musts Analysis is available 
electronically from http://www.oiv.int/public/media s/6619/compendium-2019-en-vol1.pdf. A hard copy is available for 
inspection free of charge at the offices of the Dep artment for Environment, Food and Rural Affairs, Se cond Floor, Seacole 
Block, 2 Marsham Street, London SW1P 4DF. The measu ring method for the refractive index of grape must is set out under 
reference OIV-MA-AS2-02 in Section 2 of Annex A. 
(b) The tables that apply to the measuring method for  the evaluation by refractometry of the sugar conce ntration in grape musts, 
concentrated grape musts and rectified concentrated  grape musts are set out under reference OIV-MA-AS2 -02 in Section 2 
of Annex A to the OIV Compendium. 
(c) OJ No. L 9, 14.1.2009, p. 12, to which there are amendments not relevant to these Regulations. Counc il Directive 
2008/118/EC concerning the general arrangements for  excise duty is prospectively repealed by Council D irective (EU) 
2020/262 laying down the general arrangements for e xcise duty (recast) (OJ No. L 58, 27.2.2020, p. 4) after IP completion 
day.   57 (i)  in the first row (consignor etc.) in column 1 omit the words from “or reference” to 
the end; 
(ii)  in the ninth row (logo of the Member State of dispa tch etc.), in column 1 omit “Logo 
of the Member State of dispatch and”; 
(iii)  in the twelfth row (certification)— 
(aa)  in the first subparagraph, for “Union law” substitu te “the law in Great 
Britain”; 
(bb)  in the third subparagraph, in the second indent, fo r “the EU according to EU 
and national legislation” substitute “Great Britain  in accordance with the law 
in Great Britain”; 
(iv)  in the last row (reference number), in column 1 omi t “or the MVV code”. 
(42)  In Annex 7— 
(a)  for Parts 1 and 2 substitute the new Parts 1 and 2 in Part 2 of Schedule 7; 
(b)  in Part 3— 
(i)  in Section A , in point 2, omit the second sentence ; 
(ii)  in Section C— 
(aa)  in the instruction relating to Box 2, for “the EU” substitute “Great Britain”; 
(bb)  in the instruction relating to Box 4, in the first indent, for “the EU” substitute 
“Great Britain”; 
(c)  in Part 4, in the list lettered B (list of third co untries referred to in Article 26) omit “— 
Canada”. 
Commission Implementing Regulation (EU) 2018/274 
25. —(1) Commission Implementing Regulation (EU) 2018/2 74 laying down rules for the 
application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as 
regards the scheme of authorisations for vine plant ings, certification, the inward and outward 
register, compulsory declarations and notifications , and of Regulation (EU) No 1306/2013 of the 
European Parliament and of the Council as regards t he relevant checks( a) is amended as follows. 
(2)  In Article 1— 
(a)  in the words before point (a), for the words from “ Regulations” to “respectively,” 
substitute “Regulation (EU) No 1308/2013”; 
(b)  omit points (a), (d), (e) and (f). 
(3)  After Article 1 insert— 
“Article 1a 
The competent authorities 
The competent authorities, in relation to the issue  of permits under Article 12(3) and the 
exercise of the functions in Article 13(2)(c) and 2 0(4), means the persons designated in 
relation to each of those functions by regulation 4  of the Wine Regulations 2011 as it 
extends to Great Britain.”. 
(4)  Omit Chapter 2. 
(5)  In Article 12— 
(a)  in paragraph 1— 
(i)  omit the second subparagraph; 
                                                                                                                                            
(a) EUR 2018/274. Prospective amendments were include d in S.I. 2019/865. They would have come into force  on IP 
completion day. They are omitted by regulation 6 of  this instrument and replaced, in relation to Great  Britain, on IP 
completion day with the amendments in regulation 25  of this instrument.  58 (ii)  in the last subparagraph— 
(aa)  at the beginning insert “In relation to wine produc ed in Great Britain,”; 
(bb)  for “the Member State in which the wine is produced ” substitute “Great 
Britain”; 
(cc)  for the words from “different” to “1308/2013” subst itute “Great Britain and 
Northern Ireland”; 
(dd)  for “by any of the Member States concerned” substit ute “in either Great 
Britain or Northern Ireland”; 
(b)  in paragraph 2— 
(i)  in the first subparagraph omit “and Chapter VI of t his Regulation”; 
(ii)  in the second subparagraph, omit “, save where Memb er States decide otherwise”; 
(c)  in paragraph 3 omit “of the Member States”. 
(6)  In Article 13— 
(a)  in paragraph 1, in the second subparagraph, for the  words from “one” to “other” 
substitute “a copy of the”; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  in point (b) omit the words from “presented” to the  end; 
(bb)  in point (c), after “competent authorities” insert “, by administrative decision, 
following an application made by an operator”; 
(c)  omit the second subparagraph. 
(7)  In Article 14—- 
(a)  in paragraph 1(a)(iii), for the words from “of the classification” to “1308/2013” substitute 
“to the wine grape variety (which must be a wine gr ape variety that complies with point 
(a) or (b) of Article 81(2) of Regulation (EU) No 1 308/2013)”; 
(b)  in paragraph 2, for “Union legislation” substitute “retained EU law”; 
(c)  after paragraph 3 insert— 
“4. In this Article, ‘retained EU law’ has the same  meaning as in section 6(7) of the 
European Union (Withdrawal) Act 2018 but does not i nclude any legislation so far as it 
extends to Northern Ireland.”. 
(8)  In Article 15— 
(a)  in paragraph 1— 
(i)  in point (a), for “under Union or national” substit ute “by”; 
(ii)  in point (d) omit “Union or national”; 
(iii)  in point (e)— 
(aa)  omit “10,”; 
(bb)  omit the words from “, except” to the end; 
(b)  in paragraph 3, in the first subparagraph omit the second sentence. 
(9)  In Article 16(1)(b)(v) omit “Union or national”. 
(10)  Omit Article 19. 
(11)  In Article 20— 
(a)  in paragraph 1— 
(i)  in the words before point (a) for “Articles 15 and 19” substitute “Article 15”; 
(ii)  omit point (b) and the “and” immediately before it;  
(b)  in paragraph 4—  59 (i)  in the first subparagraph, for the words from “Memb er” to “days” substitute “on a 
case by case basis, the Food Standards Agency, in r elation to England and Wales, 
and Food Standards Scotland, in relation to Scotlan d, may, on the application of an 
operator, authorise longer deadlines not exceeding 30 days where the Food Standards 
Agency or Food Standards Scotland (as the case may be) considers it appropriate to 
do so”; 
(ii)  omit the second subparagraph; 
(c)  in paragraph 5 omit the words from “as” to the end.  
(12)  Omit Chapters 5 and 6. 
(13)  Omit Articles 33 and 34. 
(14)  In Article 35 omit paragraphs 2 and 4. 
(15)  After Article 37 omit the words from “This Regulati on” to “States.”. 
(16)  Omit Annexes 1 to 4. 
Commission Delegated Regulation (EU) 2019/33 
26. —(1) Commission Delegated Regulation (EU) 2019/33 s upplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil as regards applications for protection of 
designations of origin, geographical indications an d traditional terms in the wine sector, the 
objection procedure, restrictions of use, amendment s to product specifications, cancellation of 
protection, and labelling and presentation is amend ed as follows. 
(2)  After Article 1 insert the new Articles 1a and 1b i n Part 1 of Schedule 8. 
(3)  In Article 4(2) omit the words from “, taking” to t he end. 
(4)  In Article 5(1)(c) omit the words from “Member”, in  the first place it occurs, to “third”. 
(5)  Omit Articles 6 to 8. 
(6)  In Article 9— 
(a)  in paragraph 1, in the first subparagraph, for “, 9 5 and 96” substitute “and 95”; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to “a third country” substi tute “the Secretary of State must 
inform the applicant, or, in the case of a third co untry application, the applicant 
established in, or the authorities of, that country ,”; 
(c)  in paragraph 3— 
(i)  for “Commission shall make public” substitute “Secr etary of State must publish”; 
(ii)  for “it” substitute “the Secretary of State”; 
(iii)  for “Member State or third” substitute “relevant”; 
(iv)  at the end insert (as the second sentence)— 
“The list may be published in such manner as appear s appropriate to the Secretary of State 
from time to time.”. 
(7)  In Article 10, for “Commission”, in each place it o ccurs, substitute “Secretary of State”. 
(8)  In Article 11— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  in point (a), for “Commission” substitute “Secretar y of State”; 
(bb)  in point (c)(i), for “the provisions adopted pursua nt thereto” substitute “any 
provision in force, adopted or made pursuant to the m (whether adopted before 
IP completion day, or made on or after IP completio n day)”;  60 (ii)  in the second subparagraph, for “the Union” substit ute “Great Britain, except that, in 
relation to paragraph 1(c)(ii) so far as it relates  to Article 101(1) of Regulation (EU) 
No 1308/2013, the objection must be assessed in rel ation to the territory of the 
United Kingdom”; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “it” substitute “the Secretary of State”. 
(9)  In Article 12— 
(a)  in paragraph 1— 
(i)  in the first sentence— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(ii)  in the second sentence— 
(aa)  after “on which” insert “the single document and th e product specification 
submitted in connection with”; 
(bb)  for the words from “is published” to  “Union ” substitute “are published under 
Article 97(3) of Regulation (EU) No 1308/2013”; 
(iii)  in the last sentence, for “Commission” substitute “ Secretary of State”; 
(b)  in paragraph 3— 
(i)  in the first sentence— 
(aa)  for “established in the third country or” substitut e “or, where relevant,”; 
(bb)  omit “of the Member State or”; 
(cc)  for “Commission” substitute “Secretary of State”; 
(ii)  in the second sentence— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  omit “national”; 
(iii)  in the last sentence, for “Commission shall adopt” substitute “Secretary of State must 
make”; 
(c)  in paragraph 4— 
(i)  in the first sentence— 
(aa)  for the words from “established” to “country,” subs titute “or, where relevant, 
the authorities of the third country”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(ii)  in the second sentence, for “Commission shall adopt ” substitute “Secretary of State 
must make”. 
(10)  In Article 13— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission may adopt implementing acts grantin g” substitute 
“Secretary of State may, by regulations, grant”; 
(bb)  for “a Member State” substitute “the United Kingdom ”; 
(ii)  in the second subparagraph— 
(aa)  in the words before point (a) omit “Article 96(3) o r”; 
(bb)  in point (b), after “market” insert “in Great Brita in”; 
(b)  in paragraph 2—  61 (i)  in the words before point (a), for “Commission may adopt implementing acts 
extending” substitute “Secretary of State may, by r egulations, extend”; 
(ii)  in point (a), for “Commission” substitute “Secretar y of State”; 
(c)  in paragraph 4, in the first subparagraph— 
(i)  for “a Member State may” substitute “the Secretary of State may use any power the 
Secretary of State has to make regulations to”; 
(ii)  for “Commission” substitute “Secretary of State”; 
(iii)  for “to the authorities of the Member State” substi tute “with the Secretary of State”; 
(iv)  omit “national”; 
(v)  for “96(3)” substitute “98”; 
(d)  after paragraph 4 insert— 
“5. The powers to make regulations conferred on the  Secretary of State by paragraphs 1 
and 2 are exercisable by statutory instrument. 
6. A statutory instrument containing regulations ma de under paragraph 1 or 2 is subject 
to annulment in pursuance of a resolution of either  House of Parliament. 
7. Such regulations may contain supplementary, inci dental or consequential provision.”
. 
(11)  In Article 14— 
(a)  number the second subparagraph of paragraph 1 as pa ragraph 1a; 
(b)  number the third subparagraph of paragraph 1 as par agraph 1b; 
(c)  number the final subparagraph of paragraph 1 as par agraph 1c; 
(d)  renumber paragraph 2 as paragraph 2d; 
(e)  in paragraph 1, in the first subparagraph— 
(i)  for the words from “at Union” to “and amendments” s ubstitute “under Article 98 of 
Regulation (EU) No 1308/2013, as applied to applica tions for amendments by 
Article 15 (‘non-standard amendments’), and amendme nts that do not (‘standard 
amendments’). Standard amendments for a product spe cification for a protected 
designation of origin or protected geographical ind ications relating to an area in a 
third country are”; 
(ii)  omit “Member State or”; 
(iii)  after “level (‘” insert “third country”; 
(f)  in paragraph 1a (as numbered by sub-paragraph (a)),  in the words before point (a), for 
“Union” substitute “non-standard”; 
(g)  in paragraph 1b (as numbered by sub-paragraph (b)),  for “Union” substitute “non-
standard”; 
(h)  after paragraph 1c (as numbered by sub-paragraph (c )) insert— 
“2. Standard amendments are classified into four su b-categories taking into account the 
geographical area of the designation of origin or g eographical indication affected by the 
amendment and whether the amendments are temporary as follows: 
(a) UK standard amendments; 
(b) UK temporary amendments; 
(c) third country standard amendments; 
(d) third country temporary amendments. 
2a. A UK standard amendment is a standard amendment  of a product specification for a 
designation of origin or geographical indication re lating to a geographical area in the 
United Kingdom.  62 2b. A UK temporary amendment is a standard amendmen t concerning a temporary 
change in a product specification for a designation  of origin or geographical indication for a 
geographical area in the United Kingdom: 
(a) resulting from the imposition of obligatory san itary or phytosanitary measures, or 
linked to natural disasters formally recognised, by  the Secretary of State, or imposed or 
formally recognised by: 
 (i) the Environment Agency in a case where, and to  the extent that, a relevant 
geographical area in England is affected; 
 (ii) the Department of Agriculture, Environment an d Rural Affairs, or the Department 
of Health, in a case where, and to the extent that,  a relevant geographical area in 
Northern Ireland is affected; 
 (iii) the Scottish Ministers, Food Standards Scotl and or the Scottish Environment 
Protection Agency, in a case where, and to the exte nt that, a relevant geographical 
area in Scotland is affected; 
 (iv) the Welsh Ministers, or the Natural Resources  Body for Wales, in a case where, 
and to the extent that, a relevant geographical are a in Wales is affected; 
 (v) the Food Standards Agency in a case where, and  to the extent that, a relevant 
geographical area in England, Northern Ireland or W ales is affected, or 
(b) linked to adverse weather conditions formally r ecognised by the Met Office of the 
Department for Business, Energy and Industrial Stra tegy. 
2c. A third country standard amendment is a standar d amendment of a product 
specification for a designation of origin or geogra phical indication relating to a 
geographical area in a third country.”; 
(i)  in paragraph 2d (as renumbered by sub-paragraph (d) )— 
(i)  for the words from the beginning to “1308/2013, a” substitute “A third country”; 
(ii)  after “specification” insert “for a designation of origin or geographical indication 
relating to a geographical area in a third country” ; 
(iii)  after “authorities”, in both places it occurs, subs titute “of the third country”. 
(12)  In Article 15— 
(a)  in the heading, for “ Union ” substitute “ non-standard ”; 
(b)  in paragraph 1— 
(i)  for “Union” substitute “non-standard”; 
(ii)  for “96” substitute “97”; 
(c)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “it shall publish the application for a Union” substitute “the Secretary of State 
must publish, in such manner as appears appropriate  to the Secretary of State from 
time to time, the application for a non-standard”; 
(iii)  omit the words from “in the Official ” to “series”; 
(iv)  for the second sentence substitute— 
“The Secretary of State, taking into account any ad missible objection that has been lodged, 
must decide whether to approve or reject the applic ation.”; 
(d)  in paragraph 3, for “Union”, in each place it occur s, substitute “non-standard”; 
(e)  in paragraph 4, for “Commission” substitute “Secret ary of State”. 
(13)  In Article 16— 
(a)  in the heading, for “ Union ” substitute “ non-standard ”; 
(b)  in paragraph 1—  63 (i)  in the first and second subparagraphs, for “Union” substitute “non-standard”; 
(ii)  in the third subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “Union” substitute “non-standard”; 
(c)  in paragraph 2, for the words from “competent” to “ a third country” substitute “applicant 
or, in the case of a third country application, the  applicant established in, or the competent 
authorities of, the third country,”. 
(14)  In Article 17— 
(a)  in paragraph 1— 
(i)  for the first subparagraph substitute— 
“1. UK standard amendments must be approved by the Secretary of State and made 
public in such manner as appears appropriate to the  Secretary of State from time to time.”; 
(ii)  in the second subparagraph— 
(aa)  after “of a”, in both places it occurs, insert “UK” ; 
(bb)  for the words from “authorities” to “relates” subst itute “Secretary of State”; 
(cc)  for “Member State”, in the second place it occurs, substitute “Secretary of 
State”; 
(iii)  in the third subparagraph after “for a” insert “UK” ; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  for “Member State” substitute “Secretary of State”;  
(bb)  for “it” substitute “the Secretary of State”; 
(cc)  for “and make public the” substitute “the UK”; 
(ii)  omit the second subparagraph; 
(c)  after paragraph 2 insert— 
“2a. After making a decision in relation to an appl ication for a UK standard amendment, 
the Secretary of State must publish in such manner as appears appropriate to the Secretary 
of State from time to time: 
(a) a notice: 
 (i) informing the applicant, the original (protect ion) applicant (if different) and the 
public of the decision made in relation to the appl ication and the reasons for that 
decision, and 
 (ii) providing information about the right to appe al under Article 99a of Regulation 
(EU) No 1308/2013 against the decision and the peri od within which an appeal 
may be made, and 
(b) where the application is approved, a copy of th e modified consolidated product 
specification and, where relevant, a copy of the mo dified consolidated single 
document.”; 
(d)  in paragraph 3— 
(i)  after “approving” insert “third country”; 
(ii)  omit “concerning grapevine products originating in third countries”; 
(iii)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(e)  in paragraph 4, after “communication of” insert “th ird country”; 
(f)  in paragraph 5— 
(i)  after “that the” insert “third country”; 
(ii)  for “Commission” substitute “Secretary of State”;  64 (iii)  for the words from “the Official ” to “series,” substitute “such manner as appears 
appropriate to the Secretary of State from time to time”; 
(iv)  omit “Member State,”; 
(g)  in paragraph 6— 
(i)  after “that the” insert “third country”; 
(ii)  for the words from “Commission” to “2019/34” substi tute “Secretary of State must 
make public, in such manner as appears appropriate to the Secretary of State from 
time to time”; 
(iii)  omit “Member State,”; 
(h)  omit paragraph 7; 
(i)  in paragraph 8— 
(i)  in the first subparagraph— 
(aa)  for “one Member State, the Member States concerned”  substitute “the United 
Kingdom, the Secretary of State”; 
(bb)  for “their territory” substitute “the United Kingdo m and, in relation to the part 
of the area that does not fall within the United Ki ngdom, the procedure in 
paragraph 3 applies”; 
(cc)  omit the second sentence; 
(dd)  for “Member State last” substitute “authority of th e third country”; 
(ee)  for “Commission” substitute “Secretary of State”; 
(ii)  omit the second subparagraph; 
(j)  after paragraph 8 insert— 
“9. If a geographical area covers more than the Uni ted Kingdom and the national 
decision necessary in relation to the part of the a rea in a third country is not taken or 
adopted by the authority of the third country, an a pplication in relation to that part of the 
area may be submitted under the non-standard amendm ent procedure. 
10. If a geographical area covers areas in two or m ore third countries and a national 
decision in relation to part of an area in a third country is not taken or adopted by the 
authority of the third country, an application in r espect of the amendment in relation to the 
geographical area as a whole may be submitted under  the non-standard amendment 
procedure.”. 
(15)  In Article 18— 
(a)  for paragraph 1 substitute the new paragraphs 1 to 1n in Part 2 of Schedule 8; 
(b)  in paragraph 2— 
(i)  for “more than one Member State” substitute “areas in the United Kingdom and a 
third country, or areas in more than one third coun try”; 
(ii)  for “the Member States concerned” substitute “relat ion to the United Kingdom and 
the third country concerned, or in the respective t hird countries concerned,”; 
(iii)  omit the second sentence; 
(iv)  in the third sentence— 
(aa)  for “The Member State last” substitute “Paragraph 3  applies in relation to the 
communication of the decision of the authorities of  the third country, or each 
third country,”; 
(bb)  omit the words from “shall communicate” to the end;  
(v)  omit the fourth sentence; 
(c)  in paragraph 3— 
(i)  at the beginning insert “Third country”;  65 (ii)  omit “concerning grapevine products originating in third countries”; 
(iii)  for “Commission” substitute “Secretary of State”; 
(d)  in paragraph 4, after “communication of” insert “th ird country”; 
(e)  in paragraph 5— 
(i)  in the first sentence— 
(aa)  for “Commission shall make public such amendments” substitute “Secretary 
of State must,”; 
(bb)  omit “Member State,”; 
(cc)  at the end insert “publish a notice, in such manner  as appears appropriate to 
the Secretary of State from time to time, providing  the public with details of 
the third country temporary amendment and the perio d during which that 
temporary amendment is to apply”; 
(ii)  omit the second sentence. 
(16)  In Article 19— 
(a)  in the first paragraph, for “96” substitute “97”; 
(b)  in the second paragraph— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “the Official ” to the end substitute “such manner as appears 
appropriate to the Secretary of State from time to time”. 
(17)  In Article 21(2)— 
(a)  for “Commission” substitute “Secretary of State”; 
(b)  for “it” substitute “the Secretary of State”; 
(c)  omit “Member State or”. 
(18)  In Article 22— 
(a)  in the heading, for “Temporary labelling and presen tation” substitute “Symbols”; 
(b)  omit the first paragraph; 
(c)  in the second paragraph omit “Union” in each place it occurs; 
(d)  omit the third paragraph. 
(19)  In Article 24(1)(a) omit “Member State or third”. 
(20)  In Article 25(1)— 
(a)  omit “the Member States or”; 
(b)  after “in” insert “the United Kingdom or”. 
(21)  In Article 26— 
(a)  in paragraph 2 omit— 
(i)  “of the Member State concerned”; 
(ii)  “third”; 
(b)  after paragraph 2 insert— 
“2a. In the case of an application concerning a ter m 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. 
2b. In the case of an application concerning a term  originating in Northern Ireland, a 
copy of the following enactments need not be provid ed under paragraph 2 where the title of 
the relevant enactment is given together with its y ear and chapter, serial or other identifying 
number:  66 (a) an Act that extends to Northern Ireland, and an  enactment contained in any Order in 
Council, order, rules, regulations or other instrum ent made under such an Act that 
extends to Northern Ireland; 
(b) Northern Ireland legislation and an enactment c ontained in an instrument made under 
Northern Ireland legislation but not any legislatio n 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 agree ment.”; 
(c)  in paragraph 4, for the words from “authorities” to  “question” substitute “applicant, in the 
case of an application concerning a term originatin g in the United Kingdom, or, in the 
case of an application concerning a term originatin g in a third country, the authorities of 
the third country or the applicant established in t he third country in question,”; 
(d)  after paragraph 4 insert— 
“5. In paragraph 2a, ‘enactment’ means the followin g legislation whenever passed or 
made: 
(a) an Act, and an enactment contained in any Order  in Council, order, rules, regulations 
or other instrument made under an Act, except to th e extent that they extend to 
Northern Ireland; 
(b) retained direct EU legislation, except to the e xtent that it extends to Northern Ireland; 
(c) an Act of the Scottish Parliament, and an enact ment contained in an instrument made 
under an Act of the Scottish Parliament; 
(d) a Measure or Act of Senedd Cymru and an enactme nt contained in an instrument made 
under a Measure or Act of Senedd Cymru.”. 
(22)  Article 27 is amended in accordance with paragraphs  (23) to (25). 
(23)  In paragraph 1— 
(a)  in the first subparagraph— 
(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” s ubstitute “legislation of the relevant 
country or, in the case of an application concernin g a term originating in a third 
country, is”; 
(b)  after the second subparagraph insert— 
“In point (d), ‘legislation of the relevant country ’, in relation to the United Kingdom, 
includes legislation that does not apply to all the  constituent nations of the United Kingdom 
but only applies to one or more of them.”. 
(24)  In paragraph 2(a) omit “Member State or third”. 
(25)  In paragraph 3, for “Union” substitute “United King dom”. 
(26)  In Article 28— 
(a)  in the heading, for “ Commission ” substitute “ Secretary of State ”; 
(b)  in paragraphs 1 and 2, for “Commission” substitute “Secretary of State”; 
(c)  in paragraph 3— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to the end substitute “the Secretary of State must publish the 
application in such manner as appears appropriate t o the Secretary of State from time 
to time”; 
(d)  in paragraph 4, for “Commission” substitute “Secret ary of State”; 
(e)  in paragraph 5, for the words from “Commission” to the end substitute “Secretary of State 
must reject the application”;  67 (f)  after paragraph 5 insert— 
“6. After making a decision to reject an applicatio n under paragraph 5, the Secretary of 
State must publish a notice in such manner as appea rs appropriate to the Secretary of State 
from time to time: 
(a) informing the applicant and the public of the d ecision made in relation to the 
application and the reasons for that decision, and 
(b) providing information about the right to appeal  under Article 39a against the decision 
and the period within which an appeal may be made. 
7. An implementing act to which paragraph 8 applies  is revoked. 
8. This paragraph applies to an implementing act ad opted by the European Commission 
under Article 28 of EU Regulation 2019/33( a) and incorporated into domestic law by 
section 3(1) of the EUWA.”. 
(27)  In Article 29, for “Commission” substitute “Secreta ry of State”. 
(28)  In Article 30— 
(a)  in paragraph 1— 
(i)  in point (a) omit “Member State or”; 
(ii)  in point (b), for “Commission” substitute “Secretar y of State”; 
(b)  in paragraph 2, for the words from “Member” to the end substitute “applicant, or, in the 
case of an application submitted by a third country  authority, that authority”. 
(29)  In Article 31— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(ii)  in the second subparagraph— 
(aa)  for “its” substitute “the Secretary of State’s”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(b)  in paragraph 2, for “Commission” substitute “Secret ary of State”; 
(c)  in paragraph 3— 
(i)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(ii)  for “it” substitute “the Secretary of State”; 
(iii)  omit the third sentence; 
(d)  after paragraph 3 insert— 
“3a. After making a decision about the application,  the Secretary of State must publish in 
such manner as appears appropriate to the Secretary  of State a notice: 
(a) informing the applicant, any objector and the p ublic of the decision made in relation to 
the application and the reasons for that decision, and 
(b) providing information about the right to appeal  under Article 39a against the decision 
and the period within which an appeal may be made.” ; 
(e)  in paragraph 4, in the first subparagraph, for “Com mission”, in both places it occurs, 
substitute “Secretary of State”. 
(30)  In Article 32— 
(a)  in paragraph 1(a), for “Commission” substitute “Sec retary of State”; 
                                                                                                                                            
(a) OJ No. L 9, 11.1.2019, p. 2.  68 (b)  in paragraph 3, in the first subparagraph— 
(i)  omit “where national legislation so provides,”; 
(ii)  for “Union” substitute “United Kingdom”; 
(iii)  for the words from “under Directive” to the end sub stitute “in, or under, the TMA”. 
(31)  After Article 32 insert the new Articles 32a and 32 b in Part 3 of Schedule 8. 
(32)  In Article 34, after the second paragraph insert— 
“An implementing act to which the fourth paragraph applies is revoked. 
This paragraph applies to an implementing act: 
(a) concerning a decision of the European Commissio n relating to an application to 
modify a traditional term registered in the Europea n Union at the time the application 
was submitted, 
(b) adopted by the European Commission pursuant to Article 34 of EU Regulation 
2019/33 following the procedure referred to in the second paragraph of that Article, 
and 
(c) incorporated into domestic law by section 3(1) of the EUWA.”. 
(33)  In Article 35— 
(a)  in the first paragraph— 
(i)  for the words from the beginning to “Commission” su bstitute “The Secretary of 
State”; 
(ii)  omit “a Member State,”; 
(iii)  for “adopt implementing acts cancelling” substitute  “cancel”; 
(b)  after the second paragraph insert— 
“An implementing act to which the fourth paragraph applies is revoked. 
This paragraph applies to an implementing act adopt ed by the European Commission 
pursuant to Article 35 of EU Regulation 2019/33 fol lowing the procedure referred to in the 
second paragraph of that Article and incorporated i nto domestic law by section 3(1) of the 
EUWA.”. 
(34)  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 “Secret ary of State”. 
(35)  In Article 38— 
(a)  in the heading, after “in” insert “ Northern Ireland and ”; 
(b)  in paragraph 1— 
(i)  after “used in” insert “Northern Ireland or”; 
(ii)  for “legislation of” substitute “legislation applyi ng in Northern Ireland or”; 
(c)  in paragraph 2— 
(i)  after “originating” insert “in Northern Ireland or” ; 
(ii)  for the words from “the electronic” to “2019/34,” s ubstitute “Great Britain’s 
Traditional Terms Register”; 
(iii)  after “applicable in” insert “Northern Ireland or”;  
(iv)  for “including” substitute “as relevant, including,  in the case of a third country,”.  69 (36)  For Article 39 substitute— 
“Article 39 
Established protected traditional terms 
The Secretary of State must enter the names of esta blished protected traditional terms on 
Great Britain’s Traditional Terms Register. The ent ries are to be treated as taking effect on 
IP completion day.”. 
(37)  In Chapter 3, after Section 5 insert the new Sectio n 6 in Part 4 of Schedule 8. 
(38)  In Article 42— 
(a)  in paragraph 1, for “the Union” substitute “Great B ritain, moved to Northern Ireland”; 
(b)  in paragraph 2— 
(i)  for the words from “Subsection” to “1308/2013” subs titute “the provisions of 
Regulation (EU) No 1308/2013 specified in paragraph  2a”; 
(ii)  for “exported, Member States may” substitute “moved  to Northern Ireland or 
exported, the Secretary of State may, by administra tive decision,”; 
(iii)  for “Union labelling and presentation rules in forc e” substitute “labelling and 
presentation rules in retained EU law”; 
(iv)  after “legislation” insert “that applies in Norther n Ireland or”; 
(c)  after paragraph 2 insert— 
“2a. For the purpose of paragraph 2, the provisions  of Regulation (EU) No 1308/2013 
are: 
(a) Subsection 3 of Section 2 of Chapter 1 of Title  2 of Part 2; 
(b) the first paragraph of Article 118, except so f ar as it relates to the Food (Lot Marking) 
Regulations 1996 and Regulation (EU) No 1169/2011; 
(c) paragraph 1(b) of Article 119 (as read with par agraph 3 of that Article); 
(d) points (d), (e) and (g) of Article 120(1); 
(e) paragraph 1 of Article 121, as read with paragr aph 3 of that Article, so far as it relates 
to: 
 (i) the compulsory particulars specified in paragr aph 1(b) of Article 119 (as read with 
paragraph 3 of that Article); 
 (ii) the optional particulars specified in points (d), (e) and (g) of Article 120(1); 
(f) Article 121(2). 
2b. By way of derogation from the provisions specif ied in paragraph 2c, where 
grapevine products are to be moved to Northern Irel and or exported, the appropriate 
authority may, by administrative decision, permit p articulars and presentations which 
conflict with labelling and presentation rules in r etained EU law if such particulars or 
presentations of the grapevine products are require d by the legislation that applies in 
Northern Ireland or of the third country in questio n. These particulars may appear in 
languages other than English. 
2c. For the purpose of paragraph 2b, the provisions  of Regulation (EU) No 1308/2013 
are: 
(a) the first paragraph of Article 118 so far as it  relates to: 
 (i) the Food (Lot Marking) Regulations 1996, and 
 (ii) Regulation (EU) No 1169/2011; 
(b) paragraph 1(a) and (c) to (g) of Article 119 (a s read with paragraphs 2 and 4 of that 
Article); 
(c) Article 120, except for points (d), (e) and (g)  of paragraph 1;  70 (d) paragraph 1 of Article 121, as read with paragr aph 3 of that Article, so far as it relates 
to: 
 (i) paragraph 1(a) and (c) to (g) of Article 119 ( as read with paragraphs 2 and 4 of 
that Article); 
 (ii) Article 120, except for points (d), (e) and ( g) of paragraph 1.”; 
(d)  in paragraph 3, for the words from “Member” to “for ce” substitute “the Secretary of State 
may use any power the Secretary of State may have t o permit the use of presentations that 
conflict with presentation rules in force in retain ed EU law”; 
(e)  after paragraph 3 insert— 
“4. In this Article, ‘retained EU law’ has the mean ing given in section 6(7) of the 
EUWA but does not include any legislation so far as  it extends to Northern Ireland.”. 
(39)  In Article 50— 
(a)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  for “the Union” substitute “Great Britain”; 
(bb)  after “produced in”, in the second place it occurs,  insert “Northern Ireland or”; 
(ii)  in point (b)— 
(aa)  omit the first subparagraph; 
(bb)  in the second subparagraph, for the words from “Mem ber” to “1308/2013,” 
substitute “wines produced in Great Britain,”; 
(iii)  in point (c)— 
(aa)  after “originating in” insert “Northern Ireland or” ; 
(bb)  after “producers in” insert “Northern Ireland or”; 
(cc)  after “including” insert “, in the case of a third country,”; 
(dd)  after “and” insert “, in both cases,”; 
(b)  in paragraph 2, in the second subparagraph omit the  words from “and the equivalent” to 
“languages”; 
(c)  in paragraph 3— 
(i)  in the first subparagraph, after “indication of” in sert “Northern Ireland or”; 
(ii)  omit the second subparagraph. 
(40)  In Article 51— 
(a)  number the first paragraph as paragraph 1; 
(b)  number the second paragraph as paragraph 2; 
(c)  number the third paragraph as paragraph 4; 
(d)  number the fourth paragraph as paragraph 5; 
(e)  in paragraph 1 (as numbered by sub-paragraph (a))— 
(i)  in the words before point (a), for the words from “ Member” to “‘varietal wine’” 
substitute “nothing in this Regulation prevents reg ulations being made under the 
1990 Act permitting the use of the term ‘varietal w ine’ on grapevine products 
produced in Great Britain,”; 
(ii)  in point (a), for “of the Member State(s) concerned ” substitute “‘United Kingdom’”; 
(f)  in paragraph 2 (as numbered by sub-paragraph (b)), for “the first paragraph” substitute 
“paragraph 1 produced in a third country”; 
(g)  after paragraph 2 (as numbered by sub-paragraph (b) ) insert— 
“3. Nothing in this Regulation prevents a relevant NI grapevine product from being 
placed on the market in Great Britain using the ter m ‘varietal wine’ supplemented by the  71 name ‘United Kingdom’ if the law that applies in No rthern Ireland permits the use of the 
term ‘varietal wine’ in relation to that product wh en marketed in Northern Ireland.”; 
(h)  in paragraph 4 (as numbered by sub-paragraph (c)), for the words from “of the name(s)” 
to the end substitute “, pursuant to this Article, of the name ‘England’, ‘Northern Ireland’, 
‘Scotland’, ‘Wales’ or ‘United Kingdom’ or the name  of a third country”; 
(i)  in paragraph 5 (as numbered by sub-paragraph (d)), for the words from “the United” to 
“State” substitute “a grapevine product to which pa ragraph 1 applies, the name ‘United 
Kingdom’”; 
(j)  after paragraph 5 (as numbered by sub-paragraph (d) ) insert— 
“6. In the case of a grapevine product to which par agraph 3 applies, the name ‘United 
Kingdom’ may be replaced by the name ‘Northern Irel and’. 
7. In paragraph 3, ‘relevant NI grapevine product’ means a grapevine product: 
(a) of a type referred to in any of points (1) to ( 9) or (16) of Part 2 of Annex 7 to 
Regulation (EU) No 1308/2013, 
(b) that is produced in Northern Ireland from grape s harvested in the United Kingdom, 
(c) that does not bear a protected designation of o rigin or protected geographical 
indication or any other geographical indication, an d 
(d) that bears the name of one or more wine grape v arieties on its label.”. 
(41)  In Article 52— 
(a)  in paragraph 4, for the words from “the Member” to “the third” substitute “ rules in the”; 
(b)  after paragraph 4 insert— 
“5. For the purpose of paragraph 4, ‘rules’ include s: 
(a) in relation to a constituent nation of Great Br itain, regulations made under the 1990 
Act; 
(b) in relation to Northern Ireland, regulations ma de under the Food Safety (Northern 
Ireland) Order 1991( a).”. 
(42)  In Article 53— 
(a)  in paragraph 2, in the first subparagraph— 
(i)  in the first sentence, after “indication of” insert  “Northern Ireland or”; 
(ii)  in the second sentence omit “Member States and”; 
(iii)  after the second sentence insert— 
“Nothing in this Regulation prevents the use of oth er indications equivalent to those laid 
down in Annex 5 for such grapevine products of Nort hern Ireland if those other indications 
may be used, in accordance with the law that applie s in Northern Ireland, on those products 
when marketed in Northern Ireland.”; 
(b)  in paragraph 3, in the words before point (a), afte r “indication of” insert “Northern 
Ireland or”; 
(c)  in paragraph 4, in the words before point (a), afte r “indication of” insert “Northern 
Ireland or”; 
(d)  in paragraph 5— 
(i)  in the first subparagraph, in the words before poin t (a), after “indication of” insert 
“Northern Ireland or”; 
(ii)  in the second subparagraph, after “indication of” i nsert “Northern Ireland or”. 
(43)  In Article 54(2) omit the first sentence. 
                                                                                                                                            
(a) S.I. 1991/762 (N.I. 7).  72 (44)  In Article 55— 
(a)  in paragraph 1, after “indication of” insert “North ern Ireland or”; 
(b)  in paragraph 2— 
(i)  in the first subparagraph omit the second sentence;  
(ii)  omit the third subparagraph. 
(45)  In Article 57— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, in the words before poin t (a), for “the Union” substitute 
“Great Britain”; 
(ii)  in the second subparagraph, for “the Union” substit ute “Great Britain”; 
(b)  in paragraph 2, for “Member States may decide” subs titute “regulations may be made 
under the 1990 Act to provide”. 
(46)  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 1990 Act to”;  
(d)  in paragraph 3— 
(i)  for “Member States may decide” substitute “nothing in this Regulation prevents 
regulations from being made under the 1990 Act”; 
(ii)  at the end insert “where those grapevine products d o not bear a protected designation 
of origin or geographical indication”; 
(e)  for paragraph 4 substitute— 
“4. Nothing in this Regulation prevents regulations  from being made for control 
purposes under the 1990 Act to apply Articles 118, 119(1) (other than point (b)) and 120(1) 
(other than point (d)) of Regulation (EU) No 1308/2 013 to a grapevine product that: 
(a) has been bottled on their territory, 
(b) does not bear a protected designation of origin  or geographical indication, and 
(c) has not been placed on the market.”. 
(47)  In Article 59— 
(a)  for “Commission” substitute “Secretary of State”; 
(b)  for “to 98 and Articles” substitute “, 95, 97, 98,” . 
(48)  For Article 61 substitute the new Article 61 in Par t 5 of Schedule 8. 
(49)  After Article 62 omit the words from “This Regulati on” to “States.”. 
(50)  Before Annex 1 insert the new Annexes A1 and A2 in Part 6 of Schedule 8. 
(51)  In Annex 1, for Part A substitute the new Part A in  Part 7 of Schedule 8. 
(52)  For Annexes 2 and 3 substitute the new Annexes 2 an d 3 in Part 8 of Schedule 8. 
Commission Implementing Regulation (EU) 2019/34 
27. —(1) Commission Implementing Regulation (EU) 2019/3 4 laying down rules for the 
application of 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, amendments to product 
specifications, the register of protected names, ca ncellation of protection and use of symbols, and  73 of Regulation (EU) No 1306/2013 of the European Par liament and of the Council as regards an 
appropriate system of checks( a) is amended as follows. 
(2)  In Article 1(f) omit “Union”. 
(3)  After Article 1 insert the new Article 1a in Part 1  of Schedule 9. 
(4)  Omit Article 2. 
(5)  In Article 3, for “Commission” substitute “Secretar y of State”. 
(6)  In Article 4— 
(a)  for paragraph 1 substitute— 
“1. A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, 
must be submitted to the Secretary of State by: 
(a) a group of producers in one of the countries in  which part of the relevant geographical 
area is situated, 
(b) a single producer in one of the countries in wh ich part of the relevant geographical area 
is situated in a case where, in relation to that co untry and that area, Article 3 of 
Delegated Regulation (EU) 2019/33 applies, or 
(c) through the authorities of a third country in w hich part of the relevant geographical 
area is situated. 
1a. Where a joint application concerns a geographic al area that includes an area in the 
United Kingdom, the application must fulfil the req uirements laid down in Article 94 of 
Regulation (EU) No 1308/2013 in relation to that ar ea, except for the requirement in 
paragraph 3 of that Article. 
1b. Where a joint application concerns a geographic al area that includes an area in a 
third country, the application must fulfil the requ irements laid down in Article 94 of 
Regulation (EU) No 1308/2013 in relation to that ar ea, including the requirement laid down 
in paragraph 3 of that Article.”; 
(b)  in paragraph 2— 
(i)  for the words from “Member” to “a third country” su bstitute “group of producers, 
single producer or third country authority”; 
(ii)  for “Commission”, in both place it occurs, substitu te “Secretary of State”. 
(7)  In Article 5— 
(a)  in paragraph 1, for point (b) substitute— 
“(b) where the demarcated area, or any part of it, is situated in Great Britain, the name 
‘Great Britain’; 
(ba) where the demarcated area, or any part of it, is situated in Northern Ireland, the name 
‘Northern Ireland’; 
(bb) where the demarcated area, or any part of it, is situated in a third country, the name of 
the third country;”; 
(b)  in paragraph 3, for the words from “in accordance” to “use” substitute “using”. 
(8)  In Article 7— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “Member State” substitute “applicant”; 
                                                                                                                                            
(a) EUR 2019/34; prospective amendments were included  in S.I. 2019/759. They would have come into force on IP completion 
day. They are omitted by regulation 4 of this instr ument and are replaced, in relation to Great Britai n, on IP completion day 
with the amendments in regulation 27 of, and Schedu le 9 to, this instrument.  74 (cc)  for the words from “or the” to “question” substitut e “, where relevant,”; 
(ii)  in the second subparagraph— 
(aa)  for “before the” substitute “a”; 
(bb)  for the words from “is sent” to “lead to the” subst itute “, where relevant, and 
a”; 
(cc)  at the end insert “must be submitted to the Secreta ry of State”; 
(b)  in paragraph 2— 
(i)  for “Member State” substitute “applicant”; 
(ii)  omit the words from “or the” to “question,”; 
(iii)  for “Commission” substitute “Secretary of State”; 
(c)  in paragraph 3— 
(i)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(ii)  for “it” substitute “the Secretary of State”; 
(iii)  for “Member State” substitute “applicant”; 
(iv)  for the words from “or the applicant” to “question”  substitute “, as relevant,”. 
(9)  In Article 8— 
(a)  in paragraph 1, in the first subparagraph, in point  (a), for the words from “reference” to 
“series” substitute “name of the proposed designati on of origin or geographical 
indication”; 
(b)  in paragraph 3, for “Commission” substitute “Secret ary of State”. 
(10)  In Article 9— 
(a)  in the heading, for “ Union ” substitute “ non-standard ”; 
(b)  in paragraph 1— 
(i)  in the words before point (a), for “Union” substitu te “non-standard”; 
(ii)  in point (f), for “the electronic reference to the publication” substitute “a copy”; 
(c)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  for “Union” substitute “a non-standard”; 
(bb)  for the words from “in accordance” to “use” substit ute “using”; 
(ii)  in the second subparagraph omit the second and thir d sentences. 
(11)  In Article 10— 
(a)  in the heading, at the end insert “ concerning a grapevine product originating in a thi rd 
country ”; 
(b)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  after “specification” insert “concerning a grapevin e product originating in a 
third country”; 
(bb)  for “17” substitute “17(3)”; 
(ii)  in point (c)— 
(aa)  at the beginning insert “a copy of”; 
(bb)  for “paragraphs 2 and 3 of Article 17” substitute “ Article 17(3)”; 
(iii)  in point (e), for “the electronic reference to the publication” substitute “a copy”; 
(c)  omit paragraph 2; 
(d)  in paragraph 3—  75 (i)  omit the words from the beginning to “countries,”; 
(ii)  omit the second sentence; 
(e)  omit paragraph 4; 
(f)  in paragraph 5, for “referred to in paragraph 3” su bstitute “to which this Article applies”. 
(12)  In Article 11— 
(a)  in the heading, at the end insert “ concerning a grapevine product originating in a thi rd 
country ”; 
(b)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  after “specification” insert “concerning a grapevin e product originating in a 
third country”; 
(bb)  for “18” substitute “18(3)”; 
(ii)  in point (b)— 
(aa)  for “Article 14(2)” substitute “the words before po int (a) of Article 14(2d)”; 
(bb)  at the end insert “as recognised by a competent aut hority in the third country 
in question”; 
(iii)  after point (c) insert— 
“(d) a consolidated copy of the product specificati on incorporating the approved temporary 
amendment in a way that makes the temporary amendme nt readily apparent.”; 
(c)  omit paragraph 2; 
(d)  in paragraph 3— 
(i)  omit the words from the beginning to “countries,”; 
(ii)  omit the second sentence; 
(e)  omit paragraph 4; 
(f)  in paragraph 5, for “referred to in paragraph 3” su bstitute “to which this Article applies”. 
(13)  In Article 12— 
(a)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  for the words from the beginning to “conferring” su bstitute “Where the 
Secretary of State publishes a notice under Article  99(3) of Regulation (EU) 
No 1308/2013 relating to a decision of the Secretar y of State to confer”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(cc)  at the end insert “as soon as possible after the no tice period expires”; 
(ii)  omit points (f) to (h); 
(b)  after paragraph 1 insert— 
“1a. Following the publication of a notice referred  to in paragraph 1, the Secretary of 
State must attach a copy of the single document and  the product specification for the 
relevant designation of origin or geographical indi cation to the register. 
1b. An entry for a designation of origin or geograp hical indication recorded in the 
register pursuant to paragraph 1 confers the protec tion for the designation of origin or 
geographical indication referred to in Article 102 of Regulation (EU) No 1308/2013 and the 
entry in the register, and the provisions in the pr oduct specification attached to the register, 
for the designation of origin or geographical indic ation take effect immediately after: 
(a) the entry for the designation of origin or geog raphical indication is made in the 
register, and  76 (b) the copy of the product specification for the d esignation of origin or geographical 
indication is attached to the register.”; 
(c)  for paragraph 2 substitute the new paragraphs 2 to 2l in Part 2 of Schedule 9; 
(d)  in paragraph 3— 
(i)  for the words from the beginning to “Commission sha ll” substitute “Where the 
Secretary of State publishes a notice under Article  106 of Regulation (EU) No 
1308/2013 (as it applies to cancellations by virtue  of the first paragraph of Article 19 
of Delegated Regulation (EU) 2019/33) relating to a  decision of the Secretary of 
State to cancel a designation of origin or geograph ical indication, the Secretary of 
State must, as soon as possible after the notice pe riod for the notice has expired,”; 
(ii)  insert as the second sentence— 
“The cancellation takes effect immediately after th e name is deleted from the register.”; 
(e)  omit paragraph 4. 
(14)  After Article 12 insert the new Article 12a in Part  3 of Schedule 9. 
(15)  In Chapter 2, in Section 6, in the heading omit “ Union ”. 
(16)  In Article 14— 
(a)  in the heading omit “ Union ”; 
(b)  number the existing paragraph as paragraph 1; 
(c)  in paragraph 1 (as numbered by sub-paragraph (b))— 
(i)  omit “Union”; 
(ii)  for the words from “reproduced” to the end substitu te “the symbol for a protected 
designation of origin or protected geographical ind ication, as relevant, established 
pursuant to Article 12(2) of Regulation (EU) No 115 1/2012 of the European 
Parliament and of the Council on quality schemes fo r agricultural products and 
foodstuffs as laid down in the Annex to Commission Delegated Regulation (EU) No 
664/2014 supplementing Regulation (EU) No 1151/2012  of the European Parliament 
and of the Council with regard to the establishment  of the Union symbols for 
protected designations of origin, protected geograp hical indications and traditional 
specialities guaranteed and with regard to certain rules on sourcing, certain 
procedural rules and certain additional transitiona l rules”; 
(d)  after paragraph 1 (as numbered by sub-paragraph (b) ) insert— 
“2. Where used, the symbol must be used in accordan ce with Article 13(2) of 
Commission Implementing Regulation (EU) No 668/2014  laying down rules for the 
application of Regulation (EU) No 1151/2012 of the European Parliament and of the 
Council on quality schemes for agricultural product s and foodstuffs.”. 
(17)  In Article 15— 
(a)  in paragraph 1, for “(EC) No 882/2004” substitute “ 2017/625”; 
(b)  in paragraph 2— 
(i)  in the words before point (a) (and before point (aa ) as inserted by paragraph (ii)), 
after “area in” insert “Northern Ireland or”; 
(ii)  before point (a) insert as point (aa)— 
“(aa) in relation to a product produced in Northern  Ireland, the authority designated for 
that purpose by regulation 4 of the Wine Regulation s 2011 as that regulation extends to 
Northern Ireland;”; 
(iii)  in point (a), at the beginning insert “in relation to a product produced in a third 
country,”; 
(iv)  in point (b), at the beginning insert “in relation to a product produced in Northern 
Ireland or a third country,”;  77 (c)  in paragraph 3, in the second subparagraph, for the  words from “and for” to “Regulation” 
substitute “until 14th January 2021”; 
(d)  omit paragraph 6. 
(18)  Omit Article 16. 
(19)  For Article 17 substitute— 
“Article 17 
Names and addresses of competent authorities etc. 
The Secretary of State must make public, in such ma nner as appears appropriate to the 
Secretary of State from time to time, the names and  addresses of the competent authority or 
control bodies responsible for carrying out checks relating to the use of protected 
designations of origin and protected geographical i ndications in Great Britain.”. 
(20)  In Article 18— 
(a)  in the heading, for “ Commission ” substitute “ Secretary of State ”; 
(b)  in the words before point (a), for “Commission, at its” substitute “Secretary of State, at 
the Secretary of State’s”. 
(21)  In Article 19— 
(a)  in paragraph 1— 
(i)  in the second subparagraph, in the words before poi nt (a), for “the Member State in 
which production takes place” substitute “Great Bri tain”; 
(ii)  in the third subparagraph— 
(aa)  omit “Member States opt to conduct”; 
(bb)  for “, they” substitute “are carried out, the compe tent authority or the 
delegated body”; 
(iii)  in the fourth subparagraph— 
(aa)  omit “Member States opt to conduct”; 
(bb)  for “, they” substitute “is carried out, the compet ent authority or the delegated 
body”; 
(b)  omit paragraph 5; 
(c)  in paragraph 6, for “5” substitute “4”; 
(d)  omit paragraphs 7 and 8; 
(e)  insert as the last paragraph— 
“9. In this Article, ‘delegated body’ has the meani ng given by point (5) of Article 3 of 
Regulation 2017/625.”. 
(22)  In Article 20— 
(a)  in point (b)(ii), for “Member States legislation or  product specifications of” substitute 
“any other enactment relating to, or in the product  specification of, the”; 
(b)  after the existing paragraph insert— 
“In this Article, ‘enactment’ means the following l egislation whenever passed or made: 
(a) an Act, and an enactment contained in any Order  in Council, order, rules, regulations 
or other instrument made under an Act, except to th e extent that they extend to 
Northern Ireland; 
(b) retained direct EU legislation, except to the e xtent that it extends to Northern Ireland.”. 
(23)  In Article 21— 
(a)  in paragraph 1, for the words from “Commission” to “in third countries” substitute 
“Secretary of State by a representative professiona l organisation established in the United  78 Kingdom or a third country, as relevant, or, in the  case of a third country, by a competent 
authority of that third country,”; 
(b)  in paragraph 2— 
(i)  omit “established in a third country”; 
(ii)  for “Commission”, in both places it occurs, substit ute “Secretary of State”. 
(24)  In Article 22— 
(a)  in paragraph 1— 
(i)  for “Member State, third country,” substitute “thir d country”; 
(ii)  for the words from “of publication” to “to in” subs titute “on which the Secretary of 
State publishes the application under”; 
(b)  in paragraph 2, for “Commission” substitute “Secret ary of State”. 
(25)  In Article 23(3)— 
(a)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(b)  omit “the Member State or”; 
(c)  omit “established in the third country in question” . 
(26)  In Article 24— 
(a)  in paragraph 1, for “Commission” substitute “Secret ary of State”; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “its” substitute “the Secretary of State’s”. 
(27)  In Article 25— 
(a)  in paragraph 1— 
(i)  in the words before point (a)— 
(aa)  for the words from the beginning to “conferring” su bstitute “Following the 
publication of a notice under Article 31(3a) of Imp lementing Regulation (EU) 
2019/33 by the Secretary of State relating to a dec ision by the Secretary of 
State to confer”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(cc)  at the end insert “as soon as possible after the no tice period has expired”; 
(ii)  in point (e)— 
(aa)  omit “Member State or third”; 
(bb)  for “the third” substitute “a third”; 
(b)  after paragraph 1 insert— 
“1a. An entry made in Great Britain’s Traditional T erms Register pursuant to paragraph 1 
takes effect immediately after the entry relating t o the traditional term is recorded in the 
register.”; 
(c)  after paragraph 2 insert— 
“3. A traditional term to which paragraph 4 applies  may be entered in Great Britain’s 
Traditional Terms Register where the condition in p aragraph 5 is satisfied. 
4. This paragraph applies to a traditional term use d in a third country that must be 
protected in Great Britain pursuant to an internati onal agreement to which the United 
Kingdom and the third country are contracting parti es (‘the UK-third country agreement’). 
5. The condition is that the traditional term is a traditional term that was protected in 
the European Union immediately before IP completion  day pursuant to an international 
agreement to which the European Union and the third  country were contracting parties.  79 6. The same protection is to be afforded to a tradi tional term entered in Great Britain’s 
Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the 
register following the approval of an application s ubmitted in compliance with this 
Regulation and Delegated Regulation (EU) 2019/33. 
7. In relation to the protection of a traditional t erm entered in Great Britain’s 
Traditional Terms Register pursuant to paragraph 3,  the following conditions apply to the 
use of the term: 
(a) insofar as relevant, any conditions laid down i n the law of the third country relating to 
the use of the traditional term, and 
(b) any other conditions referred to, or laid down,  in the UK-third country agreement 
relating to the use of the traditional term. 
8. An entry recorded in the register pursuant to pa ragraph 3 is to be treated as taking 
effect: 
(a) in a case where the register is established by the Secretary of State after IP completion 
day but before the end of the day following the day  on which IP completion day falls 
and the entry is in the register as established dur ing that period, on IP completion day; 
(b) in any other case, immediately the entry is rec orded in the register.”. 
(28)  After Article 25 insert the new Article 25a in Part  4 of Schedule 9. 
(29)  In Article 26, after “any” insert “movement to Nort hern Ireland or”. 
(30)  In Article 27— 
(a)  after paragraph 1 insert— 
“1a. After making a decision whether to approve a m odification to a traditional term, the 
Secretary of State must publish, in such manner as appears appropriate to the Secretary of 
State from time to time, a notice: 
(a) informing the applicant and the public of the d ecision made by the Secretary of State 
and the reasons for that decision, and 
(b) providing information about the right to appeal  against the decision under Article 39a 
of Delegated Regulation (EU) 2019/33 and the period  within which an appeal may be 
made.”; 
(b)  in paragraph 2— 
(i)  for “Commission approves” substitute “Secretary of State publishes a notice under 
paragraph 1a relating to a decision of the Secretar y of State to approve”; 
(ii)  for “it” substitute “the Secretary of State”; 
(iii)  for the words from “with effect” to the end substit ute “in Great Britain’s Traditional 
Terms Register as soon as possible after the notice  period relating to that notice has 
expired”; 
(c)  after paragraph 2 insert— 
“3. The new specifications take effect immediately after they are recorded in Great 
Britain’s Traditional Terms Register.”. 
(31)  In Article 28(2), for “Commission”, in both places it occurs, substitute “Secretary of State”. 
(32)  In Article 29— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(cc)  omit “the Member State or”; 
(dd)  omit “established in the third country in question” ;  80 (ii)  in the second subparagraph, for “Commission” substi tute “Secretary of State”; 
(b)  in paragraph 2— 
(i)  omit “the Member State or”; 
(ii)  omit “established in the third country in question” ; 
(iii)  for “Commission” substitute “Secretary of State”; 
(c)  in paragraph 3— 
(i)  in the first subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(cc)  for “It” substitute “The Secretary of State”; 
(ii)  omit the second subparagraph; 
(d)  after paragraph 3 insert— 
“3a. After making a decision whether to cancel the protection of the traditional term, the 
Secretary of State must publish, in such manner as appears appropriate to the Secretary of 
State from time to time, a notice: 
(a) informing the author of the cancellation reques t, the public and, where relevant, the 
third country authorities in question of the decisi on made by the Secretary of State and 
the reasons for that decision, and 
(b) providing information about the right to appeal  under Article 39a of Delegated 
Regulation (EU) 2019/33 against the decision and th e period within which an appeal 
may be made.”; 
(e)  in paragraph 4, in the first subparagraph, for “Com mission”, in both places it occurs, 
substitute “Secretary of State”; 
(f)  in paragraph 5— 
(i)  for the words from the beginning to “shall” substit ute “Where the Secretary of State 
publishes a notice under paragraph 3a relating to a  decision of the Secretary of State 
to cancel a traditional term, the Secretary of Stat e must”; 
(ii)  after “register” insert “as soon as possible after the notice period for the notice has 
expired,”; 
(iii)  insert as the second sentence— 
“The cancellation takes effect immediately after th e name of the traditional term is removed 
from the register.”. 
(33)  Article 30 is amended in accordance with paragraphs  (34) to (38). 
(34)  In the heading, for “ Commission, the Member States ” substitute “ Secretary of State, 
applicants ”. 
(35)  In paragraph 1, for the words from “Commission as” to the end substitute “Secretary of 
State by electronic mail, using the forms set out i n Annexes 1 to 7”. 
(36)  Omit paragraph 2. 
(37)  In paragraph 3, for “Commission” substitute “Secret ary of State”. 
(38)  In paragraph 4— 
(a)  in the first subparagraph— 
(i)  omit the first sentence; 
(ii)  in the remaining sentence— 
(aa)  for the words from “point” to “2” substitute “parag raphs 1”; 
(bb)  for “Commission to the Member States,” substitute “ Secretary of State to”; 
(cc)  for “authorities and” substitute “authorities of th ird countries, as well as”;  81 (dd)  for “of third countries, as well as” substitute “an d”; 
(b)  omit the second subparagraph. 
(39)  In Article 31— 
(a)  in paragraph 1, for “Commission” substitute “Secret ary of State”; 
(b)  omit paragraph 2; 
(c)  in paragraph 3— 
(i)  in the first subparagraph, for “Commission” substit ute “Secretary of State”; 
(ii)  in the second subparagraph— 
(aa)  for “It” substitute “The Secretary of State”; 
(bb)  for “Union amendment” substitute “non-standard amen dment, UK standard 
amendment or UK temporary amendment”; 
(cc)  after “applications for”, in both places it occurs,  insert “third country”; 
(iii)  in the fourth subparagraph, for “Commission” substi tute “Secretary of State”; 
(d)  omit paragraph 4. 
(40)  In Article 32— 
(a)  for “Commission”, in the first place it occurs, sub stitute “Secretary of State”; 
(b)  for the words from “through” to the end substitute “in such manner as appears appropriate 
to the Secretary of State from time to time”. 
(41)  In Article 33— 
(a)  in the first paragraph— 
(i)  for “Union” substitute “non-standard”; 
(ii)  for the words from “in the” to the end substitute “ by the Secretary of State. They 
may be published in such manner as appears appropri ate to the Secretary of State 
from time to time”; 
(b)  in the second paragraph, for the words from “in the ” to the end substitute “by the 
Secretary of State. They may be published in such m anner as appears appropriate to the 
Secretary of State from time to time”. 
(42)  After Article 34 omit the words from “This Regulati on” to “States.”. 
(43)  In Annex 1, in the section headed “2.  Third country to which the demarcated area 
belongs: ”— 
(a)  in the heading, for “ Third ” substitute “ Great Britain, Northern Ireland or third ”; 
(b)  after the heading insert— 
“[If more than one is relevant then list as relevan t]”. 
(44)  In Annex 2— 
(a)  for the sections headed “1.  Name of product ” and “2.  Official reference ” substitute— 
“1.  Name of product 
[as given in the single document published by the S ecretary of State in relation to the 
application under Article 97(3) of Regulation (EU) No 1308/2013] 
… 
2.  Official reference 
[as given in the single document published by the S ecretary of State in relation to the 
application under Article 97(3) of Regulation (EU) No 1308/2013] 
Reference number: …  82 Date of publication under Article 97(3) of Regulati on (EU) No 1308/2013: …”; 
(b)  in the section headed ‘3. Name of the objector (Person, body, Member State or  Third 
Country) ”, in the heading omit “ , Member State ”. 
(45)  In Annex 3— 
(a)  for the sections headed “1.  Name of product ” and “2.  Official reference ” substitute— 
“1. Name of product  
[as given in the single document published by the S ecretary of State in relation to the 
application under Article 97(3) of Regulation (EU) No 1308/2013] 
2. Official reference  
[as given in the single document published by the S ecretary of State in relation to the 
application under Article 97(3) of Regulation (EU) No 1308/2013] 
Reference number: 
Date of publication under Article 97(3) of Regulati on (EU) No 1308/2013:”; 
(b)  in the section headed “3. Name of the objector (Person, body, Member State or  Third 
Country) ”, in the heading omit “ , Member State ”. 
(46)  In Annex 4— 
(a)  in the heading, for “ UNION ” substitute “ NON-STANDARD ”; 
(b)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(c)  in the section headed “2. Third country to which the demarcated area belongs ”— 
(i)  in the heading, for “ Third ” substitute “ Great Britain, Northern Ireland or third ”; 
(ii)  after the heading insert— 
“[If more than one is relevant then list as relevant ]”; 
(d)  in the section headed “4. Type of amendment(s) ”, in the words in square brackets— 
(i)  for “Union ” substitute “ non-standard ”; 
(ii)  for “ 14(1) ” substitute “ 14(1a) ”; 
(e)  in the section headed “6. Annexes ”, in the paragraph numbered 6.2 omit the words fro m 
“as” to the end. 
(47)  In Annex 5— 
(a)  in the heading, after “ A” insert “ THIRD COUNTRY ”; 
(b)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(c)  in the section headed “2. Description of the approved amendment(s) ”, in the wording 
in square brackets— 
(i)  after “ for the ” insert “ third country ”; 
(ii)  after “ definition of ” insert “ third country ”; 
(iii)  for “ 14(1) ” substitute “ 14(2c) ”; 
(d)  in the section headed “4. Annexes ”— 
(i)  in the paragraph numbered 4.1, after “approved” ins ert “third country”; 
(ii)  in the paragraph numbered 4.2, after “approving the ” insert “third country”; 
(iii)  in the paragraph numbered 4.5 omit the words from “ as” to the end. 
(48)  In Annex 6— 
(a)  in the heading, after “ A” insert “ THIRD COUNTRY ”; 
(b)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”;  83 (c)  in the section headed “2. Description of the approved amendment(s) ”, in the wording 
in square brackets— 
(i)  after “ for the ” insert “ third country ”; 
(ii)  after “ definition of  ‘” insert “ third country ”; 
(iii)  for “ 14(2) ” substitute “ 14(2d) ”; 
(d)  in the section headed “4. Annexes ”— 
(i)  in the paragraph numbered 4.1, after “approved” ins ert “third country”; 
(ii)  in the paragraph numbered 4.2, after “the” insert “ third country”. 
(49)  In Annex 7— 
(a)  for “EU No: [for EU use only]” substitute “GB No: [ for official use only]”; 
(b)  in the section headed “2. Member State or Third Country to which the demarcat ed 
area belongs ”— 
(i)  in the heading, for “ Member State ” substitute “ Great Britain, Northern Ireland ”; 
(ii)  after the heading insert— 
“[If more than one is relevant then list as relevant ]”; 
(c)  in the section headed “3. Person, body, Member State or Third Country making the 
cancellation request ”, in the heading omit “ , Member State ”. 
(50)  In Annex 8— 
(a)  for “ [to be completed by the Commission] ”, in both places it occurs, substitute “ [for 
official use only] ”; 
(b)  omit “Language of the application …”; 
(c)  in the section headed “ Applicant ” omit “Competent authority of the Member State (*) ”. 
(51)  In Annex 9— 
(a)  for “ [to be completed by the Commission] ”, in both places it occurs, substitute “ [for 
official use only] ”; 
(b)  omit “Language of the objection …”; 
(c)  in the section headed “ Objector ” omit “ Member State or ”; 
(d)  in the section headed “ Intermediary ”— 
(i)  omit the first indent; 
(ii)  for the second indent substitute— 
“Third country authority (optional)”; 
(iii)  omit “ [(*) delete as appropriate] ”. 
(52)  In Annex 10— 
(a)  for “ [to be completed by the Commission] ”, in both places it occurs, substitute “ [for 
official use only] ”; 
(b)  omit “Language of request of modification …”. 
(53)  In Annex 11— 
(a)  for “ [to be completed by the Commission] ”, in both places it occurs, substitute “ [for 
official use only] ”; 
(b)  omit “Language of request of cancellation …”. 
(54)  Omit Annex 12. 
Regulation (EU) 2019/787 of the European Parliament  and of the Council 
28. —(1) Regulation (EU) 2019/787 of the European Parli ament and of the Council on the 
definition, description, presentation and labelling  of spirit drinks, the use of the names of spirit  84 drinks in the presentation and labelling of other f oodstuffs, the protection of geographical 
indications for spirit drinks, the use of ethyl alc ohol and distillates of agricultural origin in 
alcoholic beverages is amended as follows. 
(2)  In Article 3— 
(a)  in point (5), for “Regulation (EC) No” substitute “ EU Regulation”; 
(b)  in point (7), for “Union” substitute “United Kingdo m”; 
(c)  after point (7)( a) insert points (8) to (15) in Part 1 of Schedule 1 0. 
(3)  In Article 16— 
(a)  in the heading omit “ Union ”; 
(b)  in the paragraph omit “Union”. 
(4)  For Article 20 substitute— 
“Article 20 
Power to make regulations: symbol 
The Secretary of State may, by regulations, make ru les on the use of the symbol referred to 
in Article 16 in the description, presentation and labelling of spirit drinks.”. 
(5)  In Article 21— 
(a)  in paragraph 3, for “the Union” substitute “Great B ritain”; 
(b)  in paragraph 4, for “the customs territory of the U nion” substitute “Great Britain”. 
(6)  In Article 22— 
(a)  in paragraph 1, in the second subparagraph omit the  words from “, taking” to the end; 
(b)  in paragraph 2, for “Regulation (EC) No 110/2008” s ubstitute “EU Regulation 
110/2008( b) as it had effect in Great Britain before that day ”. 
(7)  In Article 23— 
(a)  in paragraph 1, in the second subparagraph omit “th e publication reference of the product 
specification and”; 
(b)  omit paragraph 2. 
(8)  Article 24 is amended in accordance with paragraphs  (9) to (14). 
(9)  In paragraph 2— 
(a)  for “a Member State may” substitute “the Secretary of State may, on application to the 
Secretary of State,”; 
(b)  omit “dossier”; 
(c)  for “23(2)” substitute “23”. 
(10)  In paragraph 4— 
(a)  in the first subparagraph omit “Member States or th ird”; 
(b)  in the second subparagraph— 
(i)  in the first sentence— 
(aa)  for “Commission by a Member State concerned, or” su bstitute “Secretary of 
State”; 
(bb)  omit “in a third country concerned, directly”; 
                                                                                                                                            
(a) Points (8) to (12) of Article 3 of Regulation (EU ) 2019/787 of the European Parliament and of the Co uncil (OJ No. L 130, 
17.5.2019, p. 1), as that Article stands immediatel y before IP completion day, do not form part of dom estic law because 
those points were not operative immediately before IP completion day so are not provisions of EU law t o which section 3 of 
the European Union (Withdrawal) Act 2018 (c. 16) ap plies. 
(b) OJ No. L 39, 13.2.2008, p. 16, last amended by Re gulation (EU) 2019/787 of the European Parliament a nd of the Council 
(OJ No. L 130, 17.5.2019, p. 1).  85 (cc)  for “of that third country after consultation” subs titute “of a third country 
concerned, after consultation, in both cases,”; 
(ii)  omit the second sentence; 
(iii)  in the last sentence, for “in all Member States and  third” substitute “, as relevant, in 
all the”. 
(11)  In paragraph 5— 
(a)  in the first subparagraph— 
(i)  for “a Member State” substitute “the United Kingdom ”; 
(ii)  for “authorities of that Member State” substitute “ Secretary of State”; 
(b)  omit the second subparagraph. 
(12)  Omit paragraphs 6 and 7. 
(13)  In paragraph 8, for “Commission” substitute “Secret ary of State”. 
(14)  In paragraph 9, for “Commission” substitute “Secret ary of State”. 
(15)  Omit Article 25. 
(16)  In Article 26— 
(a)  in the heading, for “ Commission ” substitute “ Secretary of State ”; 
(b)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(bb)  for “it”, in the first place it occurs, substitute “the Secretary of State”; 
(cc)  for “outside the Member State of application” subst itute “both inside and 
outside of Great Britain”; 
(ii)  in the second subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(cc)  omit “Member State or third”; 
(dd)  after the second sentence insert— 
“In a case of an application relating to an area in  more than one country, the names of all 
the relevant countries must be stated on the list.” ; 
(c)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to the end substitute “the Secretary of State must publish the 
product specification referred to in Article 23(1)( b) and the single document referred 
to in Article 23(1)(c) in such manner as appears ap propriate to the Secretary of State 
from time to time”. 
(17)  In Article 27— 
(a)  in paragraph 1— 
(i)  in the first subparagraph— 
(aa)  for the words from “of publication” to “in a third country” substitute “on 
which the product specification and single document  are published in 
accordance with Article 26(2), a natural or legal p erson having a legitimate 
interest (whether established in Great Britain or e lsewhere), or the authorities 
of a third country,”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(ii)  omit the second subparagraph; 
(iii)  in the last subparagraph—  86 (aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “authority or body” substitute “applicant or au thority”; 
(b)  in paragraph 2, for “Commission”, in both places it  occurs, substitute “Secretary of 
State”; 
(c)  in paragraph 3— 
(i)  in the first subparagraph— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “authority or body” substitute “applicant or au thority”; 
(ii)  in the second subparagraph— 
(aa)  for “authority or body” substitute “applicant or au thority”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(iii)  in the third subparagraph— 
(aa)  for “authorities of the Member State or” substitute  “applicant that submitted 
the application or the authorities”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(cc)  omit “of a Member State or”; 
(iv)  in the fourth and fifth subparagraphs, for “Commiss ion” substitute “Secretary of 
State”; 
(d)  in paragraph 4, for “Commission” substitute “Secret ary of State”; 
(e)  in paragraph 5, for “Commission” substitute “Secret ary of State”. 
(18)  In Article 28— 
(a)  in paragraph 1, in the words before point (a), for “Commission” substitute “Secretary of 
State”; 
(b)  in paragraph 2, for “the Union” substitute “Great B ritain, except that, in relation to 
paragraph 1(b) as it relates to Article 35(1), the opposition must be assessed in relation to 
the territory of the United Kingdom”. 
(19)  In Article 29— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, in the words before poin t (a)— 
(aa)  for “Commission may adopt implementing acts grantin g” substitute 
“Secretary of State may, by regulations, grant”; 
(bb)  for the words from “spirit” to “country” substitute  “a spirit drink, wherever it 
originates from”; 
(cc)  for “they were marketed” substitute “it was markete d in Great Britain”; 
(dd)  omit “Article 24(6) or”; 
(ii)  omit the second subparagraph; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  in the words before point (a), for “Commission may adopt implementing acts 
extending” substitute “Secretary of State may, by r egulations, extend”; 
(bb)  in point (a), for “Commission” substitute “Secretar y of State”; 
(ii)  omit the second subparagraph. 
(20)  In Article 30— 
(a)  in paragraph 1— 
(i)  in the first sentence—  87 (aa)  for “Commission”, in both places it occurs, substit ute “Secretary of State”; 
(bb)  for “it”, in the first place it occurs, substitute “the Secretary of State”; 
(cc)  for “Member State or third country applicant” subst itute “applicant or the 
authorities of the third country”; 
(dd)  for “it”, in the second place it occurs, substitute  “the applicant or the 
authorities, as applicable,”; 
(ii)  in the second sentence— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it”, in the first place it occurs, substitute “the Secretary of State”; 
(cc)  for “it shall, by means of implementing acts,” subs titute “the Secretary of 
State must”; 
(iii)  omit the last sentence; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for the words from “it” to “47(2), to” substitute “ the Secretary of State must”; 
(iii)  at the end insert “in Great Britain’s GIs Register” ; 
(c)  in paragraph 3— 
(i)  in the words before point (a)— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  for “it” substitute “the Secretary of State”; 
(ii)  in point (a), for the words from “by” to “47(2),” s ubstitute “in Great Britain’s GIs 
Register”; 
(iii)  in point (b), for the words from “adopt” to the end  substitute “decide whether to 
register the name, and, if the Secretary of State d ecides to do so, register the name in 
Great Britain’s GIs Register”; 
(d)  after paragraph 4 insert— 
“5. After making a decision under this Article, the  Secretary of State must publish in 
such manner as appears appropriate to the Secretary  of State from time to time: 
(a) a notice: 
 (i) informing the applicant and the public of the decision made in relation to the 
application and the reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 43 against the 
decision and the period within which an appeal may be made, and 
(b) where the application is approved, a copy of th e approved product specification. 
6. An implementing act to which paragraph 7 applies  is revoked. 
7. This paragraph applies to an implementing act ad opted by the European Commission 
under Article 30 of EU Regulation 2019/787( a) and incorporated into domestic law by 
section 3(1) of the EUWA.”. 
(21)  In Article 31— 
(a)  in paragraph 3, number the third subparagraph as pa ragraph 8; 
(b)  renumber paragraph 4 as paragraph 9; 
(c)  renumber paragraph 5 as paragraph 11; 
(d)  renumber paragraph 6 as paragraph 12; 
                                                                                                                                            
(a) OJ No. L 130, 17.5.2019, p. 1.  88 (e)  in paragraph 2— 
(i)  in point (a)— 
(aa)  for “Union”, in the first place it occurs, substitu te “non-standard”; 
(bb)  for “at Union level” substitute “under Article 27, as applied to applications for 
non-standard amendments by paragraph 9”; 
(ii)  in point (b)— 
(aa)  after “amendments” insert “. Standard amendments to  a product specification 
for a geographical indication relating to an area i n a third country are”; 
(bb)  omit “Member State or”; 
(f)  in paragraph 3, in the words before point (a), for “Union” substitute “non-standard”; 
(g)  after the second subparagraph of paragraph 3 insert — 
“4. Standard amendments are classified into four su b-categories taking into account the 
geographical area of the geographical indication af fected by the amendment, the reason for 
the amendments and whether the amendments are being  applied for on a temporary basis, 
as follows: 
(a) UK standard amendments; 
(b) UK temporary amendments; 
(c) third country standard amendments; 
(d) third country temporary amendments. 
5. A UK standard amendment is a standard amendment of a product specification for a 
geographical indication relating to a geographical area in the United Kingdom. 
6. A UK temporary amendment is a standard amendment  concerning a temporary 
change in a product specification for a geographica l indication relating to a geographical 
area in the United Kingdom: 
(a) resulting from the imposition of obligatory san itary and phytosanitary measures, or 
linked to natural disasters formally recognised, by  the Secretary of State, or imposed or 
formally recognised by: 
 (i) the Environment Agency in a case where, and to  the extent that, a relevant 
geographical area in England is affected; 
 (ii) the Department of Agriculture, Environment an d Rural Affairs, or the Department 
of Health, in a case where, and to the extent that,  a relevant geographical area in 
Northern Ireland is affected; 
 (iii) the Scottish Ministers, Food Standards Scotl and or the Scottish Environment 
Protection Agency, in a case where, and to the exte nt that, a relevant geographical 
area in Scotland is affected; 
 (iv) the Welsh Ministers, or the Natural Resources  Body for Wales, in a case where, 
and to the extent that, a relevant geographical are a in Wales is affected; 
 (v) the Food Standards Agency in a case where, and  to the extent that, a relevant 
geographical area in England, Northern Ireland or W ales is affected, or 
(b) linked to adverse weather conditions formally r ecognised by the Met Office of the 
Department for Business, Energy and Industrial Stra tegy. 
7. A third country standard amendment is a standard  amendment of a product 
specification for a geographical indication relatin g to a geographical area in a third country. 
”; 
(h)  in paragraph 8 (as numbered by sub-paragraph (a))— 
(i)  after “A” insert “third country”; 
(ii)  after “considered a” insert “third country”;  89 (iii)  after “authorities”, in both places it occurs, inse rt “of the third country concerned”; 
(i)  in paragraph 9 (as renumbered by sub-paragraph (b)) — 
(i)  for “Union”, in the first place it occurs, substitu te “Non-standard”; 
(ii)  for “Commission” substitute “Secretary of State”; 
(iii)  for “Union”, in the second place it occurs, substit ute “non-standard”; 
(j)  after paragraph 9 (as renumbered by sub-paragraph ( b)) insert— 
“10. A UK standard amendment and a UK temporary ame ndment must be approved by 
the Secretary of State.”; 
(k)  in paragraph 11 (as renumbered by sub-paragraph (c) )— 
(i)  omit the first sentence; 
(ii)  in the second sentence, for “As regards third count ries,” substitute “Third country 
standard amendments and third country temporary”; 
(l)  after paragraph 12 (as renumbered by sub-paragraph (d)) insert— 
“13. An implementing act to which paragraph 14 appl ies is revoked. 
14. This paragraph applies to an implementing act: 
(a) concerning a decision of the European Commissio n relating to an application to amend 
a product specification for a geographical indicati on protected in the European Union 
at the time the application was submitted, 
(b) adopted by the European Commission pursuant to Article 31 of EU Regulation 
2019/787 following the procedure referred to in par agraph 4 of that Article, and 
(c) incorporated into domestic law by section 3(1) of the EUWA.”. 
(22)  In Article 32— 
(a)  in paragraph 1, in the first subparagraph, in the w ords before point (a)— 
(i)  for “Commission may, on its” substitute “Secretary of State may, on the Secretary of 
State’s”; 
(ii)  omit “adopt implementing acts to”; 
(b)  in paragraph 2— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  for “adopt implementing acts cancelling” substitute  “cancel”; 
(c)  in paragraph 3— 
(i)  for the words from “adopting” to “unless” substitut e “taking a decision to cancel a 
geographical indication, the Secretary of State mus t consult the original applicant. In 
the case of a geographical indication relating to a n area in a third country, the 
Secretary of State must, where possible, consult th e third country applicant who 
originally applied for the registration of the geog raphical indication or, where this is 
not possible, the authorities of the relevant third  country. The provisions of this 
paragraph do not apply if”; 
(ii)  for “those original applicants” substitute “the ori ginal applicant”; 
(d)  omit paragraph 4; 
(e)  insert at the end as paragraphs 5 to 7— 
“5. An implementing act to which paragraph 6 applie s is revoked. 
6. This paragraph applies to an implementing act ad opted by the European Commission 
under Article 32 of EU Regulation 2019/787 and inco rporated into domestic law by section 
3(1) of the EUWA.  90 7. In this Article, in relation to a geographical i ndication to which paragraph 1 or 2 
applies, ‘the original applicant’ means the person who submitted the application to the 
Secretary of State under Article 24 that resulted i n the Secretary of State making the 
decision to register the geographical indication un der this Regulation.”. 
(23)  In Article 33— 
(a)  in paragraph 1, for the words from “Commission” to “establishing” substitute “Secretary 
of State must establish and maintain”; 
(b)  in paragraph 2— 
(i)  in the second subparagraph, for the words from “pro vide” to the end substitute 
“contain a copy of the single document and product specification for each 
geographical indication”; 
(ii)  in the fourth subparagraph, for the words from “Com mission” to “by” substitute 
“Secretary of State may make regulations”; 
(c)  in paragraph 3— 
(i)  for “the Union”, in the first place it occurs, subs titute “Great Britain”; 
(ii)  for “Union”, in the second place it occurs, substit ute “United Kingdom”; 
(iii)  at the end insert— 
“The entry in the register is to be treated as taki ng effect: 
(a) in a case where the register is established by the Secretary of State after IP completion 
day but before the end of the day following the day  on which IP completion day falls 
and the entry is in the register as established dur ing that period, on IP completion day; 
(b) in any other case, immediately the entry is ent ered in the register.”. 
(24)  In Article 35— 
(a)  in paragraph 1, in the second subparagraph— 
(i)  in point (a), for “the Union” substitute “Great Bri tain”; 
(ii)  in point (b) omit “Union or national”; 
(b)  after paragraph 3 insert— 
“4. In this Article, ‘the relevant legislation’ mea ns the following legislation whenever 
passed or made: 
(a) an Act and an enactment contained in any Order in Council, order, rules, regulations or 
other instrument made under an Act; 
(b) retained direct EU legislation; 
(c) Northern Ireland legislation, an enactment cont ained in an instrument made under 
Northern Ireland legislation, and, so far as it app lies to Northern Ireland, anything that 
forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on 
Ireland/Northern Ireland in the EU withdrawal agree ment; 
(d) an Act of the Scottish Parliament and an enactm ent contained in an instrument made 
under an Act of the Scottish Parliament; 
(e) a Measure or Act of Senedd Cymru and an enactme nt contained in an instrument made 
under a Measure or Act of Senedd Cymru.”. 
(25)  In Article 36(2)— 
(a)  omit the words from “if” to “concerned,”; 
(b)  for “Union” substitute “United Kingdom”; 
(c)  for “Commission” substitute “Secretary of State”; 
(d)  for the words from “under” to the end substitute “i n, or under, the Trade Marks Act 
1994”. 
(26)  In Article 37—  91 (a)  in the heading, for “ Existing registered ” substitute “ Established ”; 
(b)  in the first sentence, for the words from the begin ning to “that Regulation” substitute 
“Established geographical indications”; 
(c)  in the second sentence— 
(i)  for “Commission” substitute “Secretary of State”; 
(ii)  at the end insert “and the registration takes effec t on IP completion day”. 
(27)  Article 38 is amended in accordance with paragraphs  (28) to (34). 
(28)  In paragraph 1— 
(a)  for “Member States” substitute “The Secretary of St ate”; 
(b)  after “drinks” insert “in Great Britain”. 
(29)  In paragraph 2— 
(a)  in the first subparagraph— 
(i)  in the words before point (a), for “the Union” subs titute “Great Britain”; 
(ii)  for point (a) and the “or” following it substitute—  
“(a) the authority designated for that purpose by r egulation 5 of the Spirit Drinks 
Regulations 2008( a) as that regulation extends to Great Britain; or”;  
(iii)  in point (b)— 
(aa)  for “control” substitute “delegated”; 
(bb)  for “(EC) No 882/2004” substitute “(EU) 2017/625 of  the European 
Parliament and of the Council on official controls and other official activities 
performed to ensure the application of food and fee d law, rules on animal 
health and welfare, plant health and plant protecti on products”; 
(b)  in the second subparagraph, for “a Member State app lies Article 24(2)” substitute 
“Article 24(2) applies”; 
(c)  omit the third subparagraph. 
(30)  After paragraph 2 insert— 
“2a. But, to the extent specified in paragraph 2b, paragraph 2 does not apply where the 
authority referred to in paragraph 2(a) or a delega ted body referred to in paragraph 2(b) has 
previously verified that the relevant spirit drink complies with the specifications in a 
corresponding EU product specification for a corres ponding EU geographical indication in 
connection with the placing of the relevant spirit drink on the market in Northern Ireland. 
2b. Paragraph 2a applies to the extent that the spe cifications in the corresponding EU 
product specification for the corresponding EU geog raphical indication are the same as the 
specifications in the GB product specification for the registered geographical indication.”. 
(31)  In paragraph 3— 
(a)  in the words before point (a), after “within” inser t “Northern Ireland or”; 
(b)  after the words before point (a) insert as point (a a)— 
                                                                                                                                            
(a) The Commissioners for Her Majesty’s Revenue and C ustoms are designated as the authority responsible for the purpose of 
verifying compliance with product specifications pu rsuant to Article 38 of EUR 2019/787 in relation to  products produced 
in Great Britain by regulation 5 of the Spirit Drin ks Regulations 2008 as that regulation extends to G reat Britain (S.I. 
2018/3206 as amended by S.I. 2019/1289 and regulati on 10 of this instrument).  92  
“(aa) in relation to a product produced in Northern  Ireland, the authority 
designated for that purpose by regulation 5 of the Spirit Drinks 
Regulations 2008( a) as that regulation extends to Northern Ireland;”;  
(c)  in point (a), at the beginning insert “in relation to a product produced in a third country,”; 
(d)  in point (b), at the beginning insert “in relation to a product produced in Northern Ireland 
or a third country,”. 
(32)  For paragraph 4 substitute— 
“4. The Secretary of State must: 
(a) publish, in such manner as appears appropriate to the Secretary of State, the names and 
addresses of the competent authorities and bodies r eferred to in paragraphs 2 and 3, 
and 
(b) update that information in such manner as appea rs appropriate to the Secretary of State 
from time to time.”. 
(33)  In paragraph 5— 
(a)  for “control” substitute “delegated”; 
(b)  omit the words from “or” to the end. 
(34)  After paragraph 6 insert— 
“7. In relation to a relevant spirit drink that is to be placed on the market in Great 
Britain— 
(a) ‘a corresponding EU geographical indication’ me ans a geographical indication which 
is protected in the European Union under EU Regulat ion 2019/787 and that 
corresponds to the registered geographical indicati on; 
(b) ‘a corresponding EU product specification’ mean s— 
 (i) a product specification for a corresponding EU  geographical indication, as that 
product specification stands at the time when, but for paragraph 2a, the authority 
or a delegated body referred to in paragraph 2 woul d otherwise be obliged, under 
paragraph 2, to verify that the relevant spirit dri nk complies with the 
specifications in the GB product specification for the registered geographical 
indication, or 
 (ii) a technical file for a corresponding EU geogr aphical indication that is deemed to 
be a product specification under Article 22 of EU R egulation 2019/787 by virtue 
of Article 22(2) of that Regulation as that product  specification stands at the time 
when, but for paragraph 2a, the authority or a dele gated body referred to in 
paragraph 2 would otherwise be obliged, under parag raph 2, to verify that the 
relevant spirit drink complies with the specificati ons in the GB product 
specification for the registered geographical indic ation; 
(c) ‘the GB product specification’ means the produc t specification referred to in Article 
22(1) for the registered geographical indication an d includes a technical file for a 
registered geographical indication that is deemed t o be a product specification under 
that Article by virtue of Article 22(2).”. 
(35)  In Article 39— 
(a)  in paragraph 1— 
(i)  for “Member States shall carry out checks” substitu te “Checks must be carried out”; 
                                                                                                                                            
(a) The Commissioners for Her Majesty’s Revenue and C ustoms are designated as the authority responsible for the purpose of 
verifying compliance with product specifications pu rsuant to Article 38 of Regulation (EU) 2019/787 of  the European 
Parliament and of the Council (OJ No. L 130, 17.5.2 019, p. 1) in relation to products produced in Nort hern Ireland by 
regulation 5 of the Spirit Drinks Regulations 2008 as that regulation extends to Northern Ireland (S.I . 2018/3206 as 
amended by S.I. 2019/1289 and regulation 13 of this  instrument).   93 (ii)  omit “shall take”; 
(iii)  after “measures” insert “must be taken”; 
(b)  in paragraph 2— 
(i)  in the first subparagraph— 
(aa)  omit “Member States shall take”; 
(bb)  after “steps” insert “must be taken”; 
(cc)  for “their territory” substitute “Great Britain”; 
(ii)  in the second subparagraph— 
(aa)  for “Member States shall designate the authorities that” substitute “the 
authorities designated in regulation 6 of the Spiri t Drinks Regulations 2008 in 
relation to this Article, as that regulation extend s to Great Britain,”; 
(bb)  omit the words from “, in” to the end; 
(c)  in paragraph 3— 
(i)  omit the first sentence; 
(ii)  in the second sentence— 
(aa)  for “Commission” substitute “Secretary of State”; 
(bb)  at the end insert “in such manner as appears approp riate to the Secretary of 
State from time to time”. 
(36)  In Article 40— 
(a)  in paragraph 1, for “(EC) No 882/2004” substitute “ (EU) 2017/625”; 
(b)  in paragraph 2— 
(i)  for “Member States” substitute “The Secretary of St ate”; 
(ii)  for “41 to 43 of Regulation (EC) No 882/2004” subst itute “109(1), 110(2) and 
111(2) of Regulation (EU) 2017/625”; 
(c)  in paragraph 3, for “44(1) of Regulation (EC) No 88 2/2004” substitute “Article 113(1) of 
Regulation (EU) 2017/625”. 
(37)  In Article 41— 
(a)  for the heading substitute— 
“Article 41 
Power to make supplementary provisions by regulatio ns ”; 
(b)  in paragraph 1— 
(i)  in the words before point (a), for the words from “ Commission” to “46” substitute 
“Secretary of State may make regulations”; 
(ii)  in point (b)— 
(aa)  omit the words from the beginning to “24,”; 
(bb)  for “Commission” substitute “Secretary of State”; 
(c)  in paragraph 2— 
(i)  for the words from “Commission” to “46” substitute “Secretary of State may make 
regulations”; 
(ii)  for “the Union” substitute “non-standard”. 
(38)  In Article 42— 
(a)  for the heading substitute— 
“Article 42 
Power to make detailed rules by regulations ”; 
(b)  in paragraph 1—  94 (i)  in the words before point (a), for “Commission may adopt implementing acts” 
substitute “Secretary of State may make regulations ”; 
(ii)  in point (c)— 
(aa)  for “Union amendments” substitute “non-standard, UK  standard and UK 
temporary amendments as referred to in Article 31(3 ), (5) and (6) 
respectively,”; 
(bb)  for “standard and” substitute “third country standa rd and third country”; 
(cc)  for “31(4) and (5)” substitute “31(7) and (8)”; 
(iii)  in point (e) omit “by the Member States”; 
(c)  in paragraph 2, for the words from “Commission” to “acts” substitute “Secretary of State 
may make regulations”; 
(d)  omit paragraph 3. 
(39)  After Chapter 3 insert the new Chapter 4 in Part 2 of Schedule 10. 
(40)  For Article 46 substitute— 
“Article 46 
Regulations 
1. Regulations made under this Regulation are to be  made by statutory instrument and 
are subject to annulment in pursuance of a resoluti on of either House of Parliament. 
2. Such regulations may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending, repealing or revokin g an enactment); 
(b) make different provision for different purposes . 
3. In this Article, ‘enactment’ means: 
(a) an enactment contained in any Order in Council,  order, rules, regulations or other 
instrument made under an Act, except to the extent that the enactment extends to 
Northern Ireland; 
(b) regulations made under retained direct principa l EU legislation, except to the extent 
that they extend to Northern Ireland; 
(c) retained direct minor EU legislation, except to  the extent that it extends to Northern 
Ireland.”. 
(41)  Omit Article 47. 
(42)  In Article 49— 
(a)  omit paragraphs 1 and 2; 
(b)  in paragraph 3— 
(i)  after “shall” insert “ , so far as they relate to m atters previously covered by Chapter 3 
of Regulation (EC) No 110/2008 as it had effect in EU law before it was repealed by 
Article 49 of EU Regulation 2019/787,”; 
(ii)  for “correlation table” substitute “entries in the correlation table relating to that 
Chapter”. 
(43)  In Article 50— 
(a)  omit paragraph 1; 
(b)  omit paragraph 4; 
(c)  in paragraph 6— 
(i)  in the first sentence, for the words from “geograph ical” to the end substitute “an 
established geographical indication originally regi stered in accordance with EU 
Regulation 110/2008 the Secretary of State must, at  the request of any natural or  95 legal person having a legitimate interest, or, in t he case of an established 
geographical indication relating to an area in a th ird country, via the authorities of 
the third country, publish a single document relati ng to the geographical indication 
submitted by that applicant or authority”; 
(ii)  in the second sentence— 
(aa)  for “the publication reference” substitute “a copy” ; 
(bb)  after “and” insert “, unless the Secretary of State  decides otherwise,”. 
(44)  After Annex 1 insert the new Annex 2 in Part 3 of S chedule 10. 
Commission Delegated Regulation (EU) 2019/934 
29. —(1) Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil as regards wine-growing areas where 
the alcoholic strength may be increased, authorised  oenological practices and restrictions 
applicable to the production and conservation of gr apevine products, the minimum percentage of 
alcohol for by-products and their disposal, and pub lication of OIV files( a) is amended as follows. 
(2)  In Article 1, omit “wine-growing areas where the al coholic strength may be increased,”. 
(3)  After Article 1 insert— 
“Article 1a 
Definitions 
In this Regulation: 
(a) ‘the 1990 Act’ means the Food Safety Act 1990; 
(b) ‘appropriate authority’ means: 
 (i) in relation to England, the Secretary of State ; 
 (ii) in relation to Scotland, the Scottish Ministe rs; 
 (iii) in relation to Wales, the Welsh Ministers; 
(c) ‘constituent nation’ means England, Scotland or  Wales as the case may be.”. 
(4)  Omit Article 2. 
(5)  In Article 4— 
(a)  in paragraph 1— 
(i)  in the first subparagraph, for “each Member State m ay authorise” substitute “the 
appropriate authority may, on application, authoris e, in particular cases, by 
administrative decision”; 
(ii)  in point (c)— 
(aa)  for “Member State” substitute “appropriate authorit y”; 
(bb)  for “Commission and the other Member States” substi tute “other appropriate 
authorities”; 
(b)  in paragraph 2, for the words from “Member State ot her” to “of the Member State” 
substitute “constituent nation other than the const ituent nation concerned provided the 
appropriate authority authorising the experiment gi ves prior notification to the 
appropriate authority of the constituent nation”; 
(c)  in paragraph 3— 
(i)  for “Member State” substitute “appropriate authorit y”; 
(ii)  for “Commission”, in the first place it occurs, sub stitute “other appropriate 
authorities”; 
                                                                                                                                            
(a) EUR 2019/934.  96 (iii)  omit the final sentence; 
(d)  in paragraph 4— 
(i)  in the first sentence— 
(aa)  for “Member State concerned” substitute “appropriat e authority that 
authorised the experiment”; 
(bb)  for “Commission” substitute “other appropriate auth orities”; 
(ii)  for the second sentence substitute— 
“The applicant must submit appropriate supporting i nformation with the application.”; 
(iii)  for the final sentence substitute— 
“An application for authorisation to continue an ex periment must be approved by the other 
appropriate authorities.”; 
(e)  omit paragraph 5. 
(6)  In Article 10— 
(a)  in paragraph 1, for “Member States may authorise” s ubstitute “nothing in this Regulation 
prevents regulations from being made under the 1990  Act authorising”; 
(b)  for paragraph 3 substitute— 
“3. Nothing in this Regulation prevents regulations  from being made under the 1990 
Act: 
(a) requiring denaturing agents or indicators to be  added to wines referred to in the first 
sentence of paragraph 1 in order to make them more easily identifiable; 
(b) where the appropriate authority is of the opini on that it is justified, prohibiting uses 
provided for in the second sentence of paragraph 1 and requiring relevant products to 
be destroyed.”; 
(c)  in paragraph 4, for “Union or national rules in for ce” substitute “law that was in force in 
the relevant constituent nation immediately”. 
(7)  In Article 11, in the second sentence, for “Member States may permit” substitute “nothing in 
this Regulation prevents regulations from being mad e under the 1990 Act authorising”. 
(8)  Omit Article 12. 
(9)  In Article 13— 
(a)  in paragraph 1— 
(i)  in the first sentence, for “Member States shall” su bstitute “the appropriate authority 
must, by regulations made under the 1990 Act,”; 
(ii)  in the second sentence, for “Member States may” sub stitute “The appropriate 
authority may, by regulations made under the 1990 A ct,”; 
(b)  in paragraph 2, for “by Member States” substitute “ in regulations made by the appropriate 
authority”; 
(c)  in paragraph 3— 
(i)  in the words before point (a), for “strengths” subs titute “strength”; 
(ii)  for the words from “in the different” to the end su bstitute “is 8.0%”. 
(10)  In Article 14— 
(a)  in paragraph 1, for “authorities of the Member Stat es” substitute “authority of the relevant 
constituent nation”; 
(b)  in paragraph 2, for “Union legislation” substitute “retained EU law”; 
(c)  in paragraph 3, for “Member States may decide” subs titute “Nothing in this Regulation 
prevents the appropriate authority from using any p ower the authority has to make 
subordinate legislation to provide”;  97 (d)  in paragraph 4, for “Member State” substitute “cons tituent nation”; 
(e)  in paragraph 5— 
(i)  for “Member States may decide” substitute “Nothing in this Regulation prevents the 
appropriate authority from using any power the auth ority has to make subordinate 
legislation to provide”; 
(ii)  omit “made”; 
(f)  after paragraph 5 insert— 
“6. In this Article, ‘retained EU law’ has the mean ing given in section 6(7) of the 
European Union (Withdrawal) Act 2018 but does not i nclude any legislation so far as it 
extends to Northern Ireland.”. 
(11)  After Article 17 omit the words from “This Regulati on” to “States.”. 
Commission Implementing Regulation (EU) 2019/935 
30. —(1) Commission Implementing Regulation (EU) 2019/9 35 laying down rules for the 
application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as 
regards analysis methods for determining the physic al, chemical and organoleptic characteristics 
of grapevine products and notifications of Member S tates decisions concerning increases in 
natural alcoholic strength( a) is amended as follows. 
(2)  In Article 1 omit “by Member States”. 
(3)  In Article 2— 
(a)  in the heading, omit “ Union ”; 
(b)  omit “Union”. 
(4)  In Article 3— 
(a)  in the heading, omit “ Member States ”; 
(b)  in paragraph 1— 
(i)  for “Member States”, in the first place it occurs, substitute “An appropriate 
authority”; 
(ii)  for “Commission” substitute “other appropriate auth orities”; 
(iii)  for “In the notification, the Member States” substi tute “The notification”; 
(iv)  for “they” substitute “the appropriate authority”; 
(c)  for paragraphs 2 and 3 substitute— 
“2. In this Article, ‘appropriate authority’ means:  
(a) in relation to England, the Secretary of State;  
(b) in relation to Scotland, the Scottish Ministers ; 
(c) in relation to Wales, the Welsh Ministers.”. 
(5)  After Article 4 omit the words from “This Regulatio n” to “States.”. 
Regulation (EU) 2019/1753 of the European Parliamen t and of the Council 
31.  Regulation (EU) 2019/1753 of the European Parliame nt and of the Council on the action of 
the Union following its accession to the Geneva Act  of the Lisbon Agreement on Appellations of 
Origin and Geographical Indications( b) is revoked. 
                                                                                                                                            
(a) EUR 2019/935. 
(b) EUR 2019/1753.  98 Commission Implementing Regulation (EU) 2020/198 
32. —(1) Commission Implementing Regulation (EU) 2020/1 98 laying down rules for the 
application of Regulation (EU) No 251/2014 of the E uropean Parliament and of the Council as 
regards the establishment of the register of geogra phical indications protected in the sector of 
aromatised wine products and the listing of the exi sting geographical designations in that 
register( a) is amended as follows. 
(2)  In Article 1— 
(a)  omit paragraph 1; 
(b)  in paragraph 2, after “register” insert “establishe d and maintained by the Secretary of 
State under Article 21 of Regulation (EU) No 251/20 14 (‘the register’)”. 
(3)  In Article 2, in the words before point (a)— 
(a)  at the beginning insert “The Secretary of State mus t list”; 
(b)  omit “are listed”. 
(4)  After Article 3 omit the words from “This Regulatio n” to “States.”. 
 
 
 
 
 
 
 Victoria Prentis  
 Parliamentary Under Secretary of State 
At 1.10 p.m. on 29th December 2020 Department for E nvironment, Food and Rural Affairs 
 SCHEDULE 1 Regulation 17 
Regulation (EC) No 110/2008 of the European Parliam ent and of the 
Council: new Articles 25 to 25c 
“Article 25 
Regulations: general 
1. Any power to make regulations under this Regulat ion is exercisable by: 
(a) the Secretary of State: 
 (i) in the case of regulations made under Article 27 concerning a subject matter that 
is outside of the devolved competence of the Scotti sh Ministers and the Welsh 
Ministers, in relation to Great Britain; 
 (ii) otherwise in relation to England: 
(b) the Scottish Ministers in relation to Scotland:  
 (i) in the case of regulations made under Article 27 concerning a subject matter that 
is within the devolved competence of the Scottish M inisters; 
 (ii) in the case of regulations made under any oth er article of this Regulation; 
(c) the Welsh Ministers in relation to Wales; 
 (i) in the case of regulations made under Article 27 concerning a subject matter that 
is within the devolved competence of the Welsh Mini sters; 
 (ii) in the case of regulations made under any oth er article of this Regulation. 
                                                                                                                                            
(a) EUR 2020/198.  99 2. But the power to make regulations may be exercis ed by the Secretary of State for the 
whole or part of Great Britain in the case of regul ations to which paragraph 3 applies if 
consent is given by: 
(a) the Scottish Ministers to the extent that the f or the regulations will apply in relation to 
Scotland; 
(b) the Welsh Ministers to the extent that the regu lations will apply in relation to Wales. 
3. This paragraph applies to: 
(a) regulations that may be made under Article 27 c oncerning a subject matter that is 
within the devolved competence of the Scottish Mini sters, in relation to Scotland, and 
the devolved competence of the Welsh Ministers, in relation to Wales; 
(b) regulations that may be made under any other ar ticle of this Regulation. 
4. For the purposes of this Article: 
(a) it is within the devolved competence of the Sco ttish Ministers to make any provision 
by regulations under Article 27 in relation to Scot land that would be within the 
legislative competence of the Scottish Parliament i f it were included in an Act of the 
Parliament (see section 29 of the Scotland Act 1998 (a)); 
(b) it is within the devolved competence of the Wel sh Ministers to make any provision by 
regulations under Article 27 in relation to Wales t hat would be within the legislative 
competence of Senedd Cymru if it were included in a n Act of Senedd Cymru (see 
section 108A of the Government of Wales Act 2006( b)), 
(c) in relation to regulations made under Article 2 7, ‘outside of devolved competence’ is 
to be construed, in relation to the Secretary of St ate, as meaning anything that is not 
within the devolved competence of the Scottish Mini sters or Welsh Ministers by virtue 
of points (a) and (b) respectively. 
Article 25a 
Regulations: the Secretary of State 
1. Regulations made by the Secretary of State under  this Regulation are to be made by 
statutory instrument. 
2. Except as specified in paragraph 3, a statutory instrument containing regulations 
made by the Secretary of State under this Regulatio n is subject to annulment in pursuance 
of a resolution of either House of Parliament. 
3. A statutory instrument containing regulations ma de by the Secretary of State under 
Article 26 that amend Annex 2 may not be made unles s a draft of the instrument has been 
laid before, and approved by a resolution of, each House of Parliament. 
4. Regulations made by the Secretary of State under  this Regulation may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending or revoking an enactm ent); 
(b) make different provision for different purposes . 
5. In this Article, ‘enactment’ means: 
(a) where Article 25(1)(a) applies: 
 (i) an enactment contained in any Order in Council , order, rules, regulations or other 
instrument made under an Act to the extent that the  enactment applies to England; 
                                                                                                                                            
(a) 1998 c. 46; section 29 was amended by the Scotlan d Act 2012 (c. 11), section 9(2) and S.I. 2011/1043 . It is prospectively 
amended, from a day to be appointed, by the Europea n Union (Withdrawal) Act 2018 (c. 16), section 12(1 ). 
(b) 2006 c. 32; section 108A was substituted, for sec tion 108 as originally enacted, by the Wales Act 20 17 (c. 4), section 3(1) 
and amended by the Senedd and Elections (Wales) Act  2020 (anaw 1), Schedule 1, paragraph 2(1) and (19) . It is 
prospectively amended, from a day to be appointed, by the European Union (Withdrawal) Act 2018 (c. 16) , section 12(3).  100  (ii) regulations made under retained direct princi pal EU legislation to the extent that 
they apply in England; 
 (iii) retained direct minor EU legislation to the extent that it applies to England; 
(b) where Article 25(2) applies: 
 (i) an enactment contained in any Order in Council , order, rules, regulations or other 
instrument made under an Act, except to the extent that the enactment extends to 
Northern Ireland; 
 (ii) regulations made under retained direct princi pal EU legislation, except to the 
extent that they extend to Northern Ireland; 
 (iii) retained direct minor EU legislation, except  to the extent that it extends to 
Northern Ireland. 
 
Article 25b 
Regulations: Scotland 
1. For regulations made by the Scottish Ministers u nder this Regulation, see section 27 
of the Interpretation and Legislative Reform (Scotl and) Act 2010( a). 
2. Subject to paragraph 3, regulations made by the Scottish Ministers under this 
Regulation are subject to the negative procedure (s ee section 28 of the Interpretation and 
Legislative Reform (Scotland) Act 2010). 
3. Regulations made by the Scottish Ministers under  Article 26 that amend Annex 2 are 
subject to the affirmative procedure (see section 2 9 of the Interpretation and Legislative 
Reform (Scotland) Act 2010). 
4. Regulations made by the Scottish Ministers under  this Regulation may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending or revoking an enactm ent) to the extent that such 
provision is within the devolved competence of the Scottish Ministers; 
(b) make different provision for different purposes . 
5. In this Article, ‘enactment’ means: 
(a) an enactment contained in any Order in Council,  order, rules, regulations or other 
instrument made under an Act; 
(b) an enactment contained in an instrument made un der an Act of the Scottish Parliament; 
(c) regulations made under retained direct principa l EU legislation; 
(d) retained direct minor EU legislation. 
6. For the purposes of paragraph 4(a), a provision is within the devolved competence of 
the Scottish Ministers if the amendment or revocati on of the provision that would be within 
the legislative competence of the Scottish Parliame nt if was included in an Act of the 
Parliament (see section 29 of the Scotland Act 1998 ). 
 
Article 25c 
Regulations: Wales 
1. Regulations made by the Welsh Ministers under th is Regulation are to be made by 
statutory instrument. 
                                                                                                                                            
(a) 2010 asp 10.  101 2. Subject to paragraph 3, a statutory instrument c ontaining regulations made by the 
Welsh Ministers under this Regulation is subject to  annulment in pursuance of a resolution 
of Senedd Cymru. 
3. A statutory instrument containing regulations ma de by the Welsh Ministers under 
Article 26 that amend Annex 2 may not be made unles s a draft of the instrument has been 
laid before, and approved by a resolution of, Sened d Cymru. 
4. Regulations made by the Welsh Ministers under th is Regulation may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending or revoking an enactm ent) to the extent that such 
provision is within the devolved competence of the Welsh Ministers; 
(b) make different provision for different purposes . 
5. In this Article, ‘enactment’ means: 
(a) an enactment contained in any Order in Council,  order, rules, regulations or other 
instrument made under an Act; 
(b) an enactment contained in an instrument made un der a Measure or Act of Senedd 
Cymru; 
(c) regulations made under retained direct principa l EU legislation; 
(d) retained direct minor EU legislation. 
6. For the purposes of paragraph 4(a), a provision is within the devolved competence of 
the Welsh Ministers to the extent that it would be within the legislative competence of 
Senedd Cymru if it were included in an Act of Sened d Cymru (see section 108A of the 
Government of Wales Act 2006).” 
 SCHEDULE 2 Regulation 18 
Regulation (EU) No 1151/2012 of the European Parlia ment and of the 
Council: new provisions 
PART 1 
Article 3: new definitions 
“(9) ‘the EUWA’ means the European Union (Withdrawa l) Act 2018; 
(10) ‘EU Regulation 1151/2012’ means Regulation (EU ) No 1151/2012 of the European 
Parliament and of the Council on quality schemes fo r agricultural products and foodstuffs 
as it had effect before IP completion day; 
(11) ‘Regulation 1308/2013’ means Regulation (EU) N o 1308/2013 of the European 
Parliament and of the Council establishing a common  organisation of the markets in 
agricultural products; 
(12) ‘Regulation 664/2014’ means Commission Delegat ed Regulation (EU) No 664/2014 
supplementing Regulation (EU) No 1151/2012 of the E uropean Parliament and of the 
Council with regard to the establishment of the Uni on symbols for protected designations of 
origin, protected geographical indications and trad itional specialities guaranteed and with 
regard to certain rules on sourcing, certain proced ural rules and certain additional 
transitional rules; 
(13) ‘the Quality Schemes Regulations’ means the Qu ality Schemes (Agricultural 
Products and Foodstuffs) Regulations 2018 as they e xtend to Great Britain;  102 (14) ‘an Article 52(4) approval notice’ means a not ice published under Article 52(4) 
relating to a decision of the Secretary of State to  approve an application to register a 
designation of origin or geographical indication; 
(15) ‘the designated authority’ means: 
(a) unless point (b) or (c) applies, the person spe cified in regulation 3(2) of the Quality 
Schemes Regulations as the person responsible for c arrying out the relevant function; 
(b) in a case where an official control has been de legated to a delegated body in 
accordance with Article 39, the delegated body to w hich the relevant function has been 
delegated; 
(c) in a case where an enforcement authority has be en appointed under regulation 6(2) of 
the Quality Schemes Regulations to carry out the re levant function in respect of a 
specified area, the appointed enforcement authority  in relation to that area; 
(16) ‘domestic law’ means the means the law of Engl and and Wales and Scotland; 
(17) ‘enters into force’, in relation to a referenc e to an international agreement, includes, 
where the provisional application of that agreement  is agreed between the parties before it 
enters into force, the provisional application of t he agreement and ‘entry into force’ is to be 
construed accordingly; 
(18) ‘established protected designation of origin’ means a designation of origin within the 
meaning of Article 5(1) to which Article 54(2) of t he EU withdrawal agreement applies; 
(19) ‘established protected geographical indication ’ means a geographical indication 
within the meaning of Article 5(2) to which Article  54(2) of the EU withdrawal agreement 
applies; 
(20) ‘established protected traditional speciality guaranteed’ means a traditional speciality 
guaranteed within the meaning of Article 18(1) to w hich Article 54(2) of the EU 
withdrawal agreement applies; 
(21) ‘EUIA’ means an international agreement made b etween the European Union and a 
third country that provides for the protection of a  designation of origin or geographical 
indication of the third country in the European Uni on; 
(22) ‘FTT’ means the First-tier Tribunal; 
(23) ‘Great Britain’s PDOs and PGIs Register’ means  the register established and 
maintained by the Secretary of State under Article 11(1); 
(24) ‘Great Britain’s TSGs Register’ means the regi ster established and maintained by the 
Secretary of State under Article 22(1); 
(25) ‘the original applicant’, in a case where an a ppeal has been made in respect of a 
decision made by the Secretary of State in relation  to a designation of origin, geographical 
indication or traditional speciality guaranteed und er Article 54, or following the submission 
of an application under Article 49 or 53, or a requ est submitted under Article 54, means the 
person who submitted the application or request; 
(26) ‘the relevant period’ means the period beginni ng on IP completion day and expiring 
at the end of the day that falls nine months after the day on which IP completion day falls; 
(27) ‘retained EU law’ has the meaning given in sec tion 6(7) of the EUWA but does not 
include any legislation so far as it extends to Nor thern Ireland; 
(28) ‘third country’ means any country, other than the United Kingdom, and, except in 
the definition of ‘EUIA’ in paragraph (21) and in A nnex 1A, includes: 
(a) the Bailiwick of Guernsey; 
(b) the Bailiwick of Jersey; 
(c) the Isle of Man; 
(29) ‘the TMA’ means the Trade Marks Act 1994; 
(30) ‘the Types Table’ means the table in Part 3 of  Annex 1A.”  103 PART 2 
New Article 3a 
“Article 3a 
Definitions: types of designation of origin and geo graphical indication 
In Article 14a and Annex 1A any reference to: 
(a) ‘a type 1 designation of origin or geographical  indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 1 of the 
Types Table; 
(b) ‘a type 2A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 2 of the 
Types Table to which paragraph 1 or 2 of column 3 o f that row applies; 
(c) ‘a type 2B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 2 of the 
Types Table to which the provisions in column 4 of that row apply; 
(d) ‘a type 3A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 3 of the 
Types Table to which paragraph 1 or 2 of column 3 o f that row applies; 
(e) ‘a type 3B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 3 of the 
Types Table to which the provisions in column 4 of that row apply; 
(f) ‘a type 4A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 4 of the 
Types Table to which paragraph 1 or 2 of column 3 o f that row applies; 
(g) ‘a type 4B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 4 of the 
Types Table to which the provisions in column 4 of that row apply; 
(h) ‘a type 5A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 5 of the 
Types Table to which paragraph 1 or 2 of column 3 o f row 4 of that table applies; 
(i) ‘a type 5B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 5 of the 
Types Table to which the provisions in column 4 of row 4 of that table apply; 
(j) ‘a type 6A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 6 of the 
Types Table to which paragraph 1 or 2 of column 3 o f row 4 of that table applies; 
(k) ‘a type 6B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 6 of the 
Types Table to which the provisions in column 4 of row 4 of that table apply.” 
PART 3 
New Articles 14a and 14b 
“Article 14a 
Transitional provisions: relations between trade ma rks, designations of origin and 
geographical indications 
1. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where, if the trade mark is registered, the use of the trade mark will contravene Article 
13(1) in relation to a category A designation of or igin or geographical indication.  104 2. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where: 
(a) if the trade mark is registered, the use of the  trade mark will contravene Article 13(1) 
in relation to a category B designation of origin o r geographical indication, and 
(b) after the application for the trade mark is acc epted but before the trade mark is 
registered: 
 (i) in the case of a type 3B designation of origin  or geographical indication: 
(aa) the international agreement referred to in par agraph (c) of column 2 of 
row 3 of the Types Table enters into force, and 
(bb) the entry into force of the international agre ement is brought to the 
attention of the registrar before the trade mark is  registered; 
 (ii) in the case of any other category B designati on of origin or geographical 
indication: 
(aa) the Secretary of State publishes an Article 52 (4) approval notice 
relating to the designation of origin or geographic al indication, and 
(bb) the Article 52(4) approval notice is brought t o the attention of the 
registrar before the trade mark is registered. 
3. Where an application for a declaration of invali dity is made under the TMA (as 
applied by Article 14b(1) and modified by Article 1 4b(2)) in relation to the registration of a 
trade mark, the registration of the trade mark must  be declared to be invalid, unless 
paragraph 4 applies, if: 
(a) the application to register the trade mark was pending immediately before IP 
completion day or filed during the relevant period,  
(b) the use of the trade mark contravenes, or will,  if used, contravene, Article 13(1) in 
relation to a category B designation of origin or g eographical indication, and 
(c) in the case of a type 2B, 4B, 5B or 6B designat ion of origin or geographical indication, 
the Secretary of State publishes an Article 52(4) a pproval notice relating to the 
designation of origin or geographical indication on  or after the day on which the trade 
mark application is accepted. 
4. This paragraph applies where a column 5 date app lies in relation to a category A or 
B designation of origin or geographical indication and, taking account of any priority 
claimed in respect of an application to register th e trade mark referred to in paragraph 1, 2 
or 3(a) (as relevant) and on the basis of the infor mation available to the registrar, it appears 
to the registrar that the date of filing of the tra de mark application is earlier than the column 
5 date that applies to the relevant designation of origin or geographical indication. 
5. As regards paragraphs 1 and 2, a column 5 date d oes not apply in relation to a type 
3A, 4A or 5A designation of origin or geographical indication where the EUIA referred to 
in paragraph (b) in column 2 of the row of the Type s Table relating to the designation of 
origin or geographical indication provides that an application for a trade mark must be 
refused, regardless of when that application is fil ed, if the trade mark, if registered, will 
contravene a provision in the EUIA providing for th e protection of the use of the 
designation of origin or geographical indication. 
6. As regards paragraph 3, a column 5 date does not  apply in relation to a type 3B, 4B 
or 5B designation of origin or geographical indicat ion where the EUIA referred to in 
paragraph (b) in column 2 of the row of the Types T able relating to the designation of 
origin or geographical indication provides that the  registration of a trade mark must be 
invalidated if, regardless of when the application that resulted in the registration of the trade 
mark is filed, the use of the trade mark contravene s a provision in the EUIA providing for 
the protection of the use of the designation of ori gin or geographical indication.  105 7. Where a designation of origin or geographical in dication falls within the definition of 
more than one type of designation of origin or geog raphical indication in Article 3a, the 
column 5 date to be taken into account for the purp ose of paragraph 4 is the earliest of the 
column 5 dates for the relevant types of designatio n of origin or geographical indication. 
8. In a case of a category A or B designation of or igin or geographical indication that is 
not on Great Britain’s PDOs and PGIs Register at th e time an assessment is carried out 
under paragraph 1, 2 or 3, the name of the designat ion of origin or geographical indication 
is to be treated, for the purpose of the assessment , as having a registered name in 
determining whether the use of the trade mark will contravene Article 13(1) in relation to 
that designation of origin or geographical indicati on. 
9. A trade mark that could be used in the United Ki ngdom under Article 14(2) of EU 
Regulation 1151/2012 immediately before IP completi on day may continue to be used in 
Great Britain on and after IP completion day: 
(a) notwithstanding that the use of the trade mark would contravene Article 13(1) of this 
Regulation in Great Britain in relation to a design ation of origin or geographical 
indication registered by the Secretary of State und er this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
10. Nothing in this Regulation prevents a trade mar k that could be renewed in the United 
Kingdom pursuant to Article 14(2) of EU Regulation 1151/2012 immediately before IP 
completion day from being renewed after IP completi on day: 
(a) notwithstanding that the use of the renewed tra de mark would contravene Article 13(1) 
in Great Britain in relation to a designation of or igin or geographical indication 
registered by the Secretary of State under this Reg ulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
11. Where paragraph 9 or 10 applies to the use or r enewal of a trade mark, this does not 
affect the use of: 
(a) a designation of origin or geographical indicat ion entered on Great Britain’s PDOs and 
PGIs Register by the Secretary of State under Artic le 11(2); 
(b) an established protected designation of origin or an established protected geographical 
indication entered on Great Britain’s PDOs and PGIs  Register pursuant to Article 16; 
(c) a designation of origin or geographical indicat ion entered on Great Britain’s PDOs and 
PGIs Register following a decision by the Secretary  of State to approve an application 
to register the designation of origin or geographic al indication following an application 
submitted under Article 49. 
12. In this Article: 
(a) ‘an application to register a trade mark’ means  an application to register a trade mark 
filed under the TMA; 
(b) ‘a category A designation of origin or geograph ical indication’ means a type 1, 2A, 
3A, 4A, 5A or 6A designation of origin or geographi cal indication; 
(c) ‘a category B designation of origin or geograph ical indication’ means a type 2B, 3B, 
4B, 5B or 6B designation of origin or geographical indication; 
(d) ‘column 5 date’, in relation to a designation o f origin or geographical indication that is 
a category A or B designation of origin or geograph ical indication, means the date 
described in column 5 of the Types Table in the row  relating to the relevant type of 
designation of origin or geographical indication; 
(e) ‘date of filing’:  106  (i) in the case of an EUTM-based trade mark applic ation, means the filing date 
referred to in paragraph 25(2)(a)(i) of Schedule 2A  to the TMA for the existing 
EUTM application; 
 (ii) in the case of an ITM-based trade mark applic ation, means: 
(aa) in the case of an application for the registra tion of a trade mark to 
which paragraph 28 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 28(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
(bb) in the case of an application for the registra tion of a trade mark to 
which paragraph 29 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 29(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
 (iii) in any other case, has the meaning given by section 33 of the TMA; 
(f) ‘EUTM-based trade mark application’ means an ap plication to register a trade mark to 
which paragraph 25(1) of Schedule 2A to the TMA app lies that is made within the 
period specified in paragraph 25(2) of that Schedul e; 
(g) ‘existing EUTM application’ has the same meanin g as in paragraph 24 of Schedule 2A 
to the TMA; 
(h) ‘existing ITM application’ has the same meaning  as in paragraph 27(1)(a) of Schedule 
2B to the TMA; 
(i) ‘existing request for EU extension’ has the sam e meaning as in paragraph 27(1)(b) of 
Schedule 2B to the TMA; 
(j) ‘ITM-based trade mark application’ means an app lication to register a trade mark to 
which paragraph 28(1) or 29(1) of Schedule 2B to th e TMA applies that is made within 
the period specified in paragraph 28(1)(c) or 29(1) (c) (as the case may be) of that 
Schedule; 
(k) ‘the registrar’ has the meaning given by sectio n 62 of the TMA. 
13. Any reference in this Article to: 
(a) ‘priority claimed in respect of an application’ : 
 (i) in the case of an EUTM-based trade mark applic ation, means any priority claimed 
in respect of the existing EUTM application referre d to in paragraph 25(2)(a)(ii) 
of Schedule 2A to the TMA; 
 (ii) in the case of an ITM-based trade mark applic ation, means any priority claimed in 
respect of the existing ITM application or the exis ting request for EU extension 
referred to in paragraph 28(2)(b) or 29(2)(b) (as t he case may be) of Schedule 2B 
to the TMA; 
 (iii) in any other case, means any priority claime d in respect of the application 
pursuant to section 35 of the TMA; 
(b) an application to register a trade mark that wa s ‘pending immediately before IP 
completion day’ is a reference to an application th at was neither refused, nor resulted 
in the registration of the trade mark that is the s ubject of the application, before IP 
completion day; 
(c) a trade mark includes a reference to: 
 (i) a collective mark as defined in section 49(1) of the TMA; 
 (ii) a certification mark as defined in section 50 (1) of the TMA. 
  107 Article 14b 
Application and modification of trade mark provisio ns 
1. For the purpose of Article 14a, the following pr ovisions of the TMA apply, with the 
modifications, in the case of sections 47(3) and (5 ), 74(1), 76(1) and 77(1), specified in 
paragraph 2: 
(a) subsections (3) to (5) and (6) of section 47 (i nvalidation of trade marks) in relation to 
an application to invalidate a trade mark referred to in Article 14a(3); 
(b) section 72 (registration to be prima face evide nce of validity); 
(c) section 73 (certificate of validity of conteste d application); 
(d) section 74 (registrar’s appearance in proceedin gs involving the register of trade 
marks); 
(e) section 75 (definition of ‘the court’); 
(f) section 76 (appeals) except for subsection (5);  
(g) section 77(1) (persons appointed to hear and de termine appeals). 
2. The modifications are: 
(a) section 47 applies as if: 
 (i) in subsection (3), in the words before paragra ph (a), after ‘invalidity’ there were 
inserted ‘made under this section, as applied by Ar ticle 14b(1) of Regulation (EU) 
No 1151/2012 of the European Parliament and of the Council on quality schemes 
for agricultural products and foodstuffs,’; 
 (ii) in subsection (5), for ‘grounds of invalidity  exist’ there were substituted ‘ground 
for invalidity specified in Article 14a(3) of Regul ation (EU) No 1151/2012 of the 
European Parliament and of the Council exists’; 
(b) section 74(1) applies as if, for the words from  ‘for’ to ‘the registrar’ there were 
substituted ‘for a declaration of the invalidity of  the registration of a trade mark, the 
registrar’; 
(c) section 76(1) applies as if: 
 (i) in the first paragraph, for the words from ‘un der’ to the end there were substituted 
‘made under Article 14a of Regulation (EU) No 1151/ 2012 of the European 
Parliament and of the Council’; 
 (ii) the second paragraph were omitted; 
(d) section 77(1) applies as if, at the end there w ere inserted ‘as applied by Article 14b(1) 
of Regulation (EU) No 1151/2012 of the European Par liament and of the Council’. 
3. In the case of the following proceedings, the ru les made under section 68 or 69 of the 
TMA apply to those proceedings as they apply to pro ceedings involving an application of 
the type referred to in section 74(1)(b) of the TMA : 
(a) an application to invalidate a trade mark refer red to in Article 14a(3); 
(b) an appeal to an appointed person from a decisio n of the registrar in relation to an 
application referred to in paragraph (a).”  108 PART 4 
New Article 52a 
 
“Article 52a 
Applications pending on IP completion day 
1. A pending application made under EU Regulation 1 151/2012 before IP completion 
day is deemed to be an application made under Artic le 49(2) of this Regulation for which 
scrutiny under Article 50(1) of this Regulation has  not been commenced. 
2. Unless requested not to do so in writing by the applicant who submitted the 
application under EU Regulation 1151/2012, the Secr etary of State must scrutinise a 
pending application under Article 50(1) of this Reg ulation. 
3. But the Secretary of State may decide not to scr utinise a pending application under 
paragraph 2 in a case where the pending application  is an application that has been sent to 
the European Commission for scrutiny under Article 50(1) of EU Regulation 1151/2012 
before IP completion day. 
4. The six month period specified in Article 50(1) starts from the day on which IP 
completion day falls. 
5. Where a request of the type specified in paragra ph 2 is made in relation to a pending 
application by an applicant referred to in that par agraph, the pending application is to be 
treated as having been withdrawn. 
6. In this Article ‘pending application’ means an a pplication submitted to the Secretary 
of State on or after 1st January 2019 or the Secret ary of State or the Department for 
Environment, Food and Rural Affairs before that dat e: 
(a) to register: 
 (i) a name of a geographical area in, or partly in , the United Kingdom as a 
designation of origin; 
 (ii) a name of a geographical area in, or partly i n, the United Kingdom as a 
geographical indication; 
 (iii) a name as a traditional speciality guarantee d, and 
(b) for which the European Commission has not adopt ed an implementing act under 
Article 52 of EU Regulation 1151/2012 before IP com pletion day.” 
PART 5 
New Title 5A 
“TITLE 5A 
APPEALS 
 
Article 54a 
Appeals: general 
1. An appeal may be made to the FTT against a decis ion of the Secretary of State 
specified in column 1 of the table in Part 2 of Ann ex 1B.  109 2. Such an appeal may be made: 
(a) in all cases, by a person specified in the corr esponding entry in column 2 of the table in 
Part 2 of Annex 1B; 
(b) in the case of a decision affecting an applicat ion submitted by the authorities of a third 
country, by the authorities of that third country. 
3. In determining such an appeal the FTT: 
(a) must consider the decision appealed against afr esh, and 
(b) may take into account evidence that was not ava ilable to the Secretary of State. 
4. The FTT may: 
(a) dismiss the appeal, or 
(b) if it allows the appeal, exercise any power spe cified in the corresponding entry in the 
third column of the table in Part 2 of Annex 1B. 
5. Where the FTT remits a matter to the Secretary o f State for reconsideration and fresh 
decision: 
(a) the Secretary of State, after making a fresh de cision, must publish, in such manner as 
appears appropriate to the Secretary of State from time to time, a notice informing the 
original applicant, the appellant (if different) an d the public of that fresh decision and 
the reasons for that decision; 
(b) the provisions of this Title and Annex 1B apply  to the fresh decision made by the 
Secretary of State. 
6. An appeal made under paragraph 1 in relation to a decision of the Secretary of State 
specified in column 1 of the table in Part 2 of Ann ex 1B does not prevent an entry recorded 
on Great Britain’s PDOs or PGIs Register or Great B ritain’s TSGs Register by the 
Secretary of State following that decision from hav ing effect. 
7. The entry referred to in paragraph 6 continues t o have effect, despite the appeal, 
unless the appeal is allowed by the FTT and: 
(a) in a case where the FTT quashes the Secretary o f State’s decision and directs the 
Secretary of State to take specified action, that a ction has been taken; 
(b) in a case where the FTT remits the matter to th e Secretary of State for reconsideration 
and fresh decision, the relevant entry ceases to ha ve effect as a result of consequent 
action taken in relation to the entry in the regist er following the fresh decision taken by 
the Secretary of State. 
 
Article 54b  
Secretary of State decision to consider a decision afresh and the effect of that decision 
on an appeal 
1. The Secretary of State may consider a decision s pecified in column 1 of the table in 
Part 2 of Annex 1B (‘the original decision’) afresh  if evidence becomes available to the 
Secretary of State after making the original decisi on that was not available to the Secretary 
of State at the time of the original decision. 
2. Paragraph 1 applies even though an appeal has be en made to the FTT in respect of 
the original decision. 
3. Where the Secretary of State decides to consider  an original decision afresh in a case 
where an appeal has been made to the FTT in respect  of that decision: 
(a) the Secretary of State must notify the FTT of t he Secretary of State’s decision to 
consider the original decision afresh and publish, in such manner as appears 
appropriate to the Secretary of State from time to time, a notice informing the 
appellant, the original applicant (if different) an d the public of that decision;  110 (b) the appeal to the FTT is suspended until such t ime as the Secretary of State has made a 
fresh decision in relation to the matter; 
(c) the Secretary of State must, following the maki ng of the fresh decision, notify the FTT 
of that decision and publish, in such manner as app ears appropriate to the Secretary of 
State from time to time, a notice informing the app ellant, the original applicant, (if 
different) and the public of that decision and the reasons for that decision. 
4. If the Secretary of State makes the same decisio n again, the appeal to the FTT 
restarts. 
5. If the Secretary of State makes a different deci sion, the appeal to the FTT ceases 
unless the FTT directs otherwise.” 
PART 6 
New Article 56 
 
“Article 56 
Regulations 
1. Any power to make regulations conferred on the S ecretary of State by this 
Regulation is exercisable by statutory instrument. 
2. Such regulations may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending, repealing or revokin g an enactment); 
(b) make different provision for different purposes . 
3. Except as specified in paragraph 4, a statutory instrument containing regulations 
under this Regulation is subject to annulment in pu rsuance of a resolution of either House 
of Parliament. 
4. A statutory instrument containing regulations ma de under the second subparagraph 
of Article 2(1) or Article 18(5), 30(1) or 41(3) ma y not be made unless a draft of the 
instrument has been laid before, and approved by a resolution of, each House of Parliament. 
5. Before making any regulations under this Regulat ion, the Secretary of State must 
consult: 
(a) such bodies or persons as appear to the Secreta ry of State to be representative of the 
interests likely to be substantially affected by th e regulations; 
(b) such other bodies or persons as the Secretary o f State may consider appropriate. 
6. In this Article, ‘enactment’ means: 
(a) an enactment contained in any Order in Council,  order, rules, regulations or other 
instrument made under an Act, except so far as it e xtends to Northern Ireland; 
(b) regulations made under retained direct principa l EU legislation, except so far as they 
extend to Northern Ireland; 
(c) retained direct minor EU legislation, except so  far as it extends to Northern Ireland.”  111 PART 7 
New Annexes 1A and 1B 
“ANNEX 1A 
TYPES OF DESIGNATION OF ORIGIN AND 
GEOGRAPHICAL INDICATION TO WHICH ARTICLE 14A 
APPLIES 
PART 1 
Interpretation 
1. In the table in Part 3: 
(a) ‘an Article 52(4) notice’ means a notice publis hed by the Secretary of State under 
Article 52(4); 
(b) ‘the European Commission’s PDOs and PGIs Regist er’ means the register established 
and maintained by the European Commission pursuant to Article 11(1) of EU 
Regulation 1151/2012; 
(c) ‘the paragraph 1 trade mark application’ means the application to register a trade mark 
referred to in Article 14a(1); 
(d) ‘the relevant EUIA-based date’ means the date d etermined in accordance with Part 2; 
(e) ‘the relevant pre-IP completion day legislation ’ means: 
 (i) in the case of an application to register a de signation of origin or geographical 
submitted to the European Commission under Council Regulation (EEC) No 
2081/92 on the protection of geographical indicatio ns and designations of origin 
for agricultural products and foodstuffs( a), Article 5 or 12a of that Regulation; 
 (ii) in the case of an application to register a d esignation of origin or geographical 
submitted to the European Commission under Council Regulation (EC) No 
510/2006 on the protection of geographical indicati ons and designations of origin 
for agricultural products and foodstuffs, Article 5  of that Regulation; 
 (iii) in the case of an application to register a designation of origin or geographical 
submitted to the European Commission under EU Regul ation 1151/2012, Article 
49(2) or (5) of that Regulation; 
(f) ‘the relevant trade mark application’ means the  application to register a trade mark 
referred to in Article 14a(2) or (3)(a), as relevan t. 
PART 2 
The relevant EUIA-based date 
2. In the table in Part 3, in a case where the rele vant EUIA-based date applies, the 
relevant EUIA-based date means: 
(a) the date provided for in paragraph 3, or 
(b) where paragraph 3 does not apply, the date prov ided for in the relevant point of 
paragraph 4, or paragraph 5, as relevant to the des ignation of origin or geographical 
indication. 
                                                                                                                                            
(a) OJ No. L 208, 24.7.1992, p. 1, repealed by Counci l Regulation (EC) No 510/2006 (OJ No. L 93, 31.3.20 06, p. 12).  112 3. In a case where the EUIA referred to in paragrap h (b) in column 2 of the row of the 
Types Table relating to a designation of origin or geographical indication contained priority 
provisions that applied to the designation of origi n or geographical indication, the relevant 
EUIA-based date is the priority date provided for i n the EUIA that applied to that 
designation of origin or geographical indication. 
4. In a case of a type 3A, 3B, 4A or 4B designation  of origin or geographical indication 
to which paragraph 3 does not apply, the relevant E UIA-based date is: 
(a) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to an amendment 
made to the EUIA (without the need for further acti on to be taken under the EUIA), the 
date on which the amendment entered into force; 
(b) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to a provision in 
the EUIA that was provisionally applied before IP c ompletion day (without the need 
for further action to be taken under the EUIA), the  date on which the provision was 
provisionally applied; 
(c) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to an amendment 
made to the EUIA that was provisionally applied bef ore IP completion day (without 
the need for further action to be taken under the E UIA), the date on which the 
amendment was provisionally applied; 
(d) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day following the submission 
and processing of a request, or application, for pr otection or assessment (however 
described) under a provision in the EUIA providing for such requests, or applications, 
the date on which the request, or application, for protection or assessment was 
submitted under the EUIA; 
(e) in any other case, including a case where the d esignation of origin or geographical 
indication was protected in the European Union imme diately before IP completion day 
pursuant to provisions in the EUIA that applied fro m the date that the EUIA entered 
into force (without the need for further action to be taken under the EUIA), the date on 
which the relevant EUIA entered into force. 
5. In a case of a type 5A or 5B designation of orig in or geographical indication to 
which paragraph 3 does not apply and for which a re quest, or an application, for protection 
or assessment (however described) was submitted bef ore IP completion day under the 
EUIA, the relevant EUIA-based date is the date on w hich the request, or application, for 
protection or assessment was submitted under the EU IA. 
6. Any reference in this Part to: 
(a) ‘the priority date’ means the date provided for  in priority provisions in an EUIA as the 
date that must be taken into account when determini ng whether an application for a 
trade mark may be granted, including: 
 (i) a calendar date specified in the EUIA; 
 (ii) a date relating to the happening of a specifi ed event; 
(b) ‘priority provisions’ means provisions in an EU IA that governed the relationship 
between trade marks and designations of origin and geographical indications that 
provided (however expressed): 
 (i) that, in the circumstances specified in the EU IA, an application for a trade mark 
must be refused if the application for the trade ma rk was filed after a date 
provided for in the EUIA, 
 (ii) that, in the circumstances specified in the E UIA, the registration of a trade mark 
must be invalidated if the application that resulte d in the registration of that trade 
mark was filed after a date provided for in the EUI A, or  113  (iii) for both the refusal of applications for tra de marks, and the invalidation of the 
registration of trade marks, as provided for in poi nts (i) and (ii); 
(c) ‘without the need for further action to be take n under the EUIA’, in relation to a 
designation of origin or geographical indication pr otected in the European Union 
immediately before IP completion day pursuant to an  EUIA, means that the provisions 
in the EUIA providing for the designation of origin  or geographical indication to be 
protected in the European Union did not require: 
 (i) a request or application (however described) t o be submitted by the contracting 
third country under the EUIA in relation to the pro tection of the designation of 
origin or geographical indication; 
 (ii) an assessment to be carried out under the EUI A in relation to the designation of 
origin or geographical indication. 
PART 3 
Types of designation of origin and geographical ind ication (the Types Table) 
 
   114  
Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
1. An established protected 
designation of origin or established protected geographical indication. Not applicable. Not applicable. The date on which t he 
application that resulted in the first registration of the designation of origin or geographical indication was submitted to the European Commission under the relevant pre-IP completion day legislation. 
2. A designation of origin or 
geographical indication: (a) that relates to a geographical area in the United Kingdom, and (b) for which an application to register the designation of origin or geographical indication was submitted to the European Commission under Article 49(4) of EU Regulation 1151/2012 before IP completion day. 1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to which Article 52a(1) (pending United Kingdom applications) applies. 2. A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade A designation of origin or geographical indication to which Article 52a(1) applies: (a) that is not treated as having been withdrawn under Article 52a(5), and (b) for which an Article 52(4) notice relating to the application to register the designation of origin or geographical indication is not published before the relevant trade mark application is accepted. The date on which the application to register the designation of origin or geographical indication referred to in point (b) of column 2 was submitted to the European Commission under Article 49(4) of EU Regulation 1151/2012.   115 Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
mark application is accepted or refused, (b) to which Article 52a(1) applies, and (c) for which an Article 52(4) approval notice relating to the application to register the designation of origin or geographical indication is published before the day on which the paragraph 1 trade mark application is accepted or refused. 
3. A designation of origin or 
geographical indication that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are 1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register pursuant to Article 11(2). 2. A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the day on which the relevant trade mark application is accepted. The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   116 Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
contracting parties that enters into force during the relevant period. refused but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the day on which the paragraph 1 trade mark application is accepted or refused. 
4. A designation of origin or 
geographical indication that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties. 1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to register the designation of origin or geographical indication submitted to the Secretary of State under Article 49 during the relevant period. 2. A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted, and (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 49 during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   117 Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
Register before the day on which the paragraph 1 trade mark application is accepted or refused, (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 49 during the relevant period, and (c) for which an Article 52(4) approval notice relating to the application is published before the day on which the paragraph 1 trade mark application is accepted or refused. application is accepted but for which an Article 52(4) notice relating to the application to register the designation of origin or geographical indication is not published before the relevant trade mark application is accepted. 
5. A designation of origin or 
geographical indication: (a) that relates to a geographical area in a third country, (b) for which an assessment relating to the protection of the designation of origin or geographical indication was being carried out, or a request for protection, or an See the entry in row 4 of this column. See the entry in row 4 of this column. The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   118 Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
application for assessment for protection, was submitted, before IP completion day in respect of the designation of origin or geographical indication under an EUIA, and (c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the designation of origin or geographical indication should be protected in the European Union. 
6. A designation of origin or 
geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an application to register the designation of origin or geographical indication was submitted to the European Commission under Article 49(4) or (5) of EU Regulation 1151/2012 before IP completion day that was neither refused nor See the entry in row 4 of this column. See the entry in row 4 of this column. The date on which the application to register the designation of origin or geographical indication referred to in point (b) of column 2 was submitted to the European Commission under Article 49(4) or (5) of EU Regulation 1151/2012.   119 Column 1 Row No. Column 2 Description of the designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
resulted in the registration of the designation of origin or geographical indication on the European Commission’s PDOs and PGIs Register( a) 
before IP completion day. 
                                                                                                                                                                                                                                          
(a) The European Commission’s register relating to de signations of origin and geographical indications f or agricultural products and foodstuffs can be acce ssed electronically from https://ec.europa.eu/info/ food-
farming-fisheries/food-safety-and-quality/certifica tion/quality-labels/geographical-indications-regist er/ . A hard copy of the register as it stood immed iately before IP completion day is available for in spection free 
of charge at the offices of the Department for Envi ronment, Food and Rural Affairs, Second Floor, Seac ole Block, 2 Marsham Street, London SW1P 4DF.  
 120  
ANNEX 1B 
APPEALS 
PART 1 
Interpretation 
In the table in Part 2, ‘a valid notice of oppositi on’ means a notice of opposition that 
contains the declaration required by the second sub paragraph of Article 51(1). 
PART 2 
Appellants and powers of the FTT on appeal 
 
Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
Decision of the Secretary of 
State to approve an application 
submitted under Article 49 to 
register a designation of 
origin, geographical indication 
or traditional speciality 
guaranteed. The persons are: 
(a) a person who lodges a valid 
notice of opposition in relation 
to the application under Article 
51(1); 
(b) a person marketing a 
product that is, or may be, 
affected by the registration of 
the designation of origin, 
geographical indication or 
traditional speciality 
guaranteed. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) remove the entry for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed from the 
relevant register, and 
(ii) remove the copy of the 
product specification for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed attached 
to the relevant register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 49 to 
register a designation of 
origin, geographical indication 
or traditional speciality 
guaranteed. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
register the designation of 
origin, geographical indication 
or traditional speciality 
guaranteed. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
register the designation of 
origin, geographical indication 
or traditional speciality 
guaranteed by: 
(i) making an entry for the 
designation of origin, 
geographical indication or 
traditional speciality 
guaranteed in the relevant 
register, recording the data  
 121 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
specified in Article 14(1) of 
Implementing Regulation (EU) 
668/2014 in the relevant 
register, and 
(ii) attaching a copy of the 
product specification for the 
designation of origin, 
geographical indication or 
traditional speciality 
guaranteed to the register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve an application 
submitted under Article 53 to 
amend a product specification 
for a protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed. The persons are: 
(a) a person who lodges a valid 
notice of opposition under 
Article 51(1) in relation to the 
application (as it applies to an 
application to amend a product 
specification by virtue of 
Article 53(2)); 
(b) a person marketing a 
product that is, or may be, 
affected by the amendment of 
the product specification. Power to: 
(a) quash the decision and (as 
appropriate) direct the 
Secretary of State to: 
(i) restore the data in the entry 
for the protected designation 
of origin, protected 
geographical indication or 
traditional speciality 
guaranteed in the relevant 
register; 
(ii) remove the copy of the 
amended product specification 
for the protected designation 
of origin, protected 
geographical indication or 
traditional speciality 
guaranteed attached to the 
relevant register and replace it 
with a copy of the product 
specification for the protected 
designation of origin, 
protected geographical 
indication or traditional 
speciality guaranteed that was 
attached to the relevant 
register immediately before 
the Secretary of State decided 
to approve the application, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 53 to 
amend a product specification 
for a protected designation of 
origin, protected geographical The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to Power to: 
(a) quash the decision and (as 
appropriate) direct the 
Secretary of State: 
(i) in the case of an 
amendment to the product  
 122 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
indication or traditional 
speciality guaranteed. amend the product 
specification. specification that is not a 
temporary amendment: 
(aa) to make such change to 
the data in the entry for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed in the 
relevant register as the 
amendment to the product 
specification may entail, and 
(bb) to replace the copy of the 
product specification for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed attached 
to the relevant register with a 
copy of the amended product 
specification, or 
(ii) in the case of a temporary 
amendment to the product 
specification, to make an 
appropriate entry relating to 
the temporary amendment to 
the product specification for 
the protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed in the 
relevant register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State under Article 54, on the 
Secretary of State’s own 
initiative, to cancel the 
registration of a protected 
designation of origin, 
protected geographical 
indication or traditional 
speciality guaranteed. The persons are: 
(a) a person who lodges a valid 
notice of opposition under 
Article 51(1) in relation to the 
proposed decision (as it 
applies to the cancellation of a 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed by virtue 
of Article 7(1) and (4) of 
Regulation 664/2014); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the registration of the 
protected designation of 
origin, protected geographical Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed in the 
relevant register, and 
(ii) reattach to the relevant 
register a copy of the product 
specification for the protected 
designation of origin, 
protected geographical 
indication or traditional 
speciality guaranteed that was 
attached to that register 
immediately before the  
 123 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
indication or traditional 
speciality guaranteed. Secretary of State decided to 
cancel the registration of the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve a request 
submitted under Article 54 to 
cancel the registration of a 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed. The persons are: 
(a) a person who lodges a valid 
notice of opposition under 
Article 51(1) in relation to the 
request (as it applies to a 
request to cancel the 
registration of the protected 
designation of origin, 
protected geographical 
indication or traditional 
speciality guaranteed by virtue 
of Article 7(1) and (4) of 
Regulation 664/2014); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the registration of the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality in the relevant 
register, and 
(ii) reattach to the relevant 
register a copy of the product 
specification for the protected 
designation of origin, 
protected geographical 
indication or traditional 
speciality guaranteed that was 
attached to that register 
immediately before the 
Secretary of State decided to 
cancel the registration of the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject a request 
submitted under Article 54 to 
cancel the registration of a 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed. The persons are: 
(a) the person who submitted 
the request; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
cancel the registration of the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) remove the entry for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed from the 
relevant register, and 
(ii) remove the copy of the 
product specification for the 
protected designation of 
origin, protected geographical 
indication or traditional 
speciality guaranteed attached  
 124 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
to the relevant register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision.” 
 SCHEDULE 3 Regulation 20 
Regulation (EU) No 1308/2013 of the European Parlia ment and of the 
Council: new provisions 
PART 1 
New Article 93a 
“Article 93a 
Definitions: types of designation of origin and geo graphical indication 
In Article 102a and Annex 9A any reference to: 
(a) ‘a type 1 designation of origin or geographical  indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 1 of the 
Types Table; 
(b) ‘a type 2A designation of origin’ means the des ignation of origin specified in column 2 
of row 2 of the Types Table to which the provisions  in column 3 of that row apply; 
(c) ‘a type 2B designation of origin’ means the des ignation of origin specified in column 2 
of row 2 of the Types Table to which the provisions  in column 4 of that row apply; 
(d) ‘a type 3A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 3 of the 
Types Table to which paragraph 1 or 2 in column 3 o f that row applies; 
(e) ‘a type 3B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 3 of the 
Types Table to which the provisions in column 4 of that row apply; 
(f) ‘a type 4A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 4 of the 
Types Table to which paragraph 1 or 2 of column 3 o f that row applies; 
(g) ‘a type 4B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 4 of the 
Types Table to which the provisions in column 4 of that row apply; 
(h) ‘a type 5A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 5 of the 
Types Table to which paragraph 1 or 2 of column 3 o f row 4 of that table applies; 
(i) ‘a type 5B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 5 of the 
Types Table to which the provisions in column 4 of row 4 of that table apply; 
(j) ‘a type 6A designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 6 of the 
Types Table to which paragraph 1 or 2 in column 3 o f row 4 of that table applies;  
 125 (k) ‘a type 6B designation of origin or geographica l indication’ means a designation of 
origin or geographical indication of the type descr ibed in column 2 of row 6 of the 
Types Table to which the provisions in column 4 of row 4 of that table apply.” 
PART 2 
New Articles 102a and 102b 
“Article 102a 
Transitional provisions: relationship with trade ma rks 
1. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where, if the trade mark is registered, the use of the trade mark will contravene Article 
103(2) in relation to a category A designation of o rigin or geographical indication. 
2. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where: 
(a) if the trade mark is registered, the use of the  trade mark will contravene Article 103(2) 
in relation to a category B designation of origin o r geographical indication, and 
(b) after the application for the trade mark is acc epted but before the trade mark is 
registered: 
 (i) in the case of a type 3B designation of origin  or geographical indication: 
(aa) the international agreement referred to in par agraph (c) of column 2 of 
row 3 of the Types Table enters into force, and 
(bb) the entry into force of the international agre ement is brought to the 
attention of the registrar before the trade mark is  registered; 
 (ii) in the case of any other category B designati on of origin or geographical 
indication: 
(aa) the Secretary of State publishes an Article 99  approval notice relating 
to the designation of origin or geographical indica tion, and 
(bb) the Article 99 approval notice is brought to t he attention of the registrar 
before the trade mark is registered. 
3. Where an application for a declaration of invali dity is made under the TMA (as 
applied by Article 102b(1) and modified by Article 102b(2)) in relation to the registration 
of a trade mark, the registration of the trade mark  must be declared to be invalid, unless 
paragraph 4 applies, if: 
(a) the application to register the trade mark was pending immediately before IP 
completion day or filed during the relevant period,  
(b) the use of the trade mark contravenes, or will,  if used, contravene, Article 103(2) in 
relation to a category B designation of origin or g eographical indication, and 
(c) in the case of a type 2B, 4B, 5B or 6B designat ion of origin or geographical indication, 
the Secretary of State publishes an Article 99 appr oval notice relating to the 
designation of origin or geographical indication on  or after the time at which the trade 
mark application is accepted. 
4. This paragraph applies where a column 5 date app lies in relation to a category A or 
B designation of origin or geographical indication and, taking account of any priority 
claimed in respect of an application to register a trade mark referred to in paragraph 1, 2 or 
3(a) (as relevant) and on the basis of the informat ion available to the registrar, it appears to 
the registrar that the date of filing of the trade mark application is earlier than the column 5 
date that applies to the relevant designation of or igin or geographical indication.  
 126 5. As regards paragraphs 1 and 2, a column 5 date d oes not apply in relation to a type 
3A, 4A or 5A designation of origin or geographical indication where the EUIA referred to 
in paragraph (b) in column 2 of the row of the Type s Table relating to the designation of 
origin or geographical indication provides that an application for a trade mark must be 
refused, regardless of when that application is fil ed, if the trade mark, if registered, will 
contravene a provision in the EUIA providing for th e protection of the use of the 
designation of origin or geographical indication. 
6. As regards paragraph 3, a column 5 date does not  apply in relation to a type 3B, 4B 
or 5B designation of origin or geographical indicat ion where the EUIA referred to in 
paragraph (b) in column 2 of the row of the Types T able relating to the designation of 
origin or geographical indication provides that the  registration of a trade mark must be 
invalidated if, regardless of when the application that resulted in the registration of the trade 
mark is filed, the use of the trade mark contravene s a provision in the EUIA providing for 
the protection of the use of the designation of ori gin or geographical indication. 
7. Where a designation of origin or geographical in dication falls within the definition of 
more than one type of designation of origin or geog raphical indication in Article 93a, the 
column 5 date to be taken into account for the purp ose of paragraph 4 is the earliest of the 
column 5 dates for the relevant types of designatio n of origin or geographical indication. 
8. In a case of a category A or B designation of or igin or geographical indication that is 
not on Great Britain’s PDOs and PGIs Register at th e time an assessment is carried out 
under paragraph 1, 2 or 3, the designation of origi n or geographical indication is to be 
treated, for the purpose of the assessment, as bein g a protected designation of origin or 
protected geographical indication, as relevant, in determining whether the use of the trade 
mark will contravene Article 103(2) in relation to that designation of origin or geographical 
indication. 
9. A trade mark that could be used in the United Ki ngdom under Article 102(2) of EU 
Regulation 1308/2013 immediately before IP completi on day may continue to be used in 
Great Britain on and after IP completion day: 
(a) notwithstanding that the use of the trade mark would contravene Article 103(2) of 
Regulation (EU) No 1308/2013 in Great Britain in re lation to a designation of origin or 
geographical indication registered by the Secretary  of State under this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
10. Nothing in this Regulation prevents a trade mar k that could be renewed in the United 
Kingdom pursuant to Article 102(2) of EU Regulation  1308/2013 immediately before IP 
completion day from being renewed after IP completi on day: 
(a) notwithstanding that the use of the renewed tra de mark would contravene Article 
103(2) in Great Britain in relation to a designatio n of origin or geographical indication 
registered by the Secretary of State under this Reg ulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
11. Where paragraph 9 or 10 applies to the use or r enewal of a trade mark, this does not 
affect the use of: 
(a) a designation of origin or geographical indicat ion entered on Great Britain’s PDOs and 
PGIs Register following a decision by the Secretary  of State to approve an application 
made under Article 95(1A) or Article 3 of Commissio n Implementing Regulation (EU) 
2019/34 laying down rules for the application of Re gulation (EU) No 1308/2013 of the 
European Parliament and of the Council as regards a pplications for protection of 
designations of origin, geographical indications an d traditional terms in the wine 
sector, the objection procedure, amendments to prod uct specifications, the register of 
protected names, cancellation of protection and use  of symbols, and of Regulation  
 127 (EU) No 1306/2013 of the European Parliament and of  the Council as regards an 
appropriate system of checks; 
(b) a designation of origin or geographical indicat ion entered on Great Britain’s PDOs and 
PGIs Register by the Secretary of State following a  decision of the Secretary of State 
to approve an application to which Article 97a appl ies; 
(c) a designation of origin or geographical indicat ion entered on Great Britain’s PDOs and 
PGIs Register by the Secretary of State pursuant to  the second sentence of Article 104; 
(d) an established protected designation of origin or an established protected geographical 
indication entered on Great Britain’s PDOs and PGIs  Register by the Secretary of State 
pursuant to Article 107(1). 
12. In this Article: 
(a) ‘an application to register a trade mark’ means  an application to register a trade mark 
filed under the TMA; 
(b) ‘a category A designation of origin or geograph ical indication’ means a type 1, 2A, 
3A, 4A, 5A or 6A designation of origin or geographi cal indication; 
(c) ‘a category B designation of origin or geograph ical indication’ means a type 2B, 3B, 
4B, 5B or 6B designation of origin or geographical indication; 
(d) ‘column 5 date’, in relation to a designation o f origin or geographical indication that is 
a category A or B designation of origin or geograph ical indication, means the date 
specified, or provided for, in column 5 of the Type s Table in the row relating to the 
relevant type of designation of origin or geographi cal indication; 
(e) ‘date of filing’: 
 (i) in the case of an EUTM-based trade mark applic ation, means the filing date 
referred to in paragraph 25(2)(a)(i) of Schedule 2A  to the TMA for the existing 
EUTM application; 
 (ii) in the case of an ITM-based trade mark applic ation, means: 
(aa) in the case of an application for the registra tion of a trade mark to 
which paragraph 28 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 28(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
(bb) in the case of an application for the registra tion of a trade mark to 
which paragraph 29 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 29(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
 (iii) in any other case, has the meaning given by section 33 of the TMA; 
(f) ‘established protected designation of origin’ h as the meaning given by Article 
107(2)(a); 
(g) ‘established protected geographical indication’  has the meaning given by Article 
107(2)(b); 
(h) ‘EUTM-based trade mark application’ means an ap plication to register a trade mark to 
which paragraph 25(1) of Schedule 2A to the TMA app lies that is made within the 
period specified in paragraph 25(2) of that Schedul e; 
(i) ‘existing EUTM application’ has the same meanin g as in paragraph 24 of Schedule 2A 
to the TMA; 
(j) ‘existing ITM application’ has the same meaning  as in paragraph 27(1)(a) of Schedule 
2B to the TMA; 
(k) ‘existing request for EU extension’ has the sam e meaning as in paragraph 27(1)(b) of 
Schedule 2B to the TMA; 
(l) ‘ITM-based trade mark application’ means an app lication to register a trade mark to 
which paragraph 28(1) or 29(1) of Schedule 2B to th e TMA applies that is made within  
 128 the period specified in paragraph 28(1)(c) or 29(1) (c) (as the case may be) of that 
Schedule; 
(m) ‘the registrar’ has the meaning given by sectio n 62 of the TMA. 
13. Any reference in this Article to: 
(a) ‘priority claimed in respect of an application’ : 
 (i) in the case of an EUTM-based trade mark applic ation, means any priority claimed 
in respect of the existing EUTM application referre d to in paragraph 25(2)(a)(ii) 
of Schedule 2A to the TMA; 
 (ii) in the case of an ITM-based trade mark applic ation, means any priority claimed in 
respect of the existing ITM application or the exis ting request for EU extension 
referred to in paragraph 28(2)(b) or 29(2)(b) (as t he case may be) of Schedule 2B 
to the TMA; 
 (iii) in any other case, means any priority claime d in respect of the application 
pursuant to section 35 of the TMA; 
(b) an application to register a trade mark that wa s ‘pending immediately before IP 
completion day’ is a reference to an application th at was neither refused, nor resulted 
in the registration of the trade mark that is the s ubject of the application, before IP 
completion day; 
(c) a trade mark includes a reference to: 
 (i) a collective mark as defined in section 49(1) of the TMA; 
 (ii) a certification mark as defined in section 50 (1) of the TMA. 
 
Article 102b 
Application and modification of trade mark provisio ns 
1. For the purpose of Article 102a, the following p rovisions of the TMA apply, with the 
modifications, in the case of sections 47(3) and (5 ), 74(1), 76(1) and 77(1), specified in 
paragraph 2: 
(a) subsections (3) to (5) and (6) of section 47 (i nvalidation of trade marks) in relation to 
an application to invalidate a trade mark referred to in Article 102a(3); 
(b) section 72 (registration to be prima face evide nce of validity); 
(c) section 73 (certificate of validity of conteste d application); 
(d) section 74 (registrar’s appearance in proceedin gs involving the register of trade 
marks); 
(e) section 75 (definition of ‘the court’); 
(f) section 76 (appeals) except for subsection (5);  
(g) section 77(1) (persons appointed to hear and de termine appeals). 
2. The modifications are: 
(a) section 47 applies as if: 
 (i) in subsection (3), in the words before paragra ph (a), after ‘invalidity’ there were 
inserted ‘made under this section, as applied by Ar ticle 102b(1) of Regulation 
(EU) No 1308/2013 of the European Parliament and of  the Council establishing a 
common organisation of the markets in agricultural products,’; 
 (ii) in subsection (5), for ‘grounds of invalidity  exist’ there were substituted ‘ground 
for invalidity specified in Article 102a(3) of Regu lation (EU) No 1308/2013 of the 
European Parliament and of the Council exists’; 
(b) section 74(1) applies as if, for the words from  ‘for’ to ‘the registrar’ there were 
substituted ‘for a declaration of the invalidity of  the registration of a trade mark, the 
registrar’;  
 129 (c) section 76(1) applies as if: 
 (i) in the first paragraph, for the words from ‘un der’ to the end there were substituted 
‘made under Article 102a(3) of Regulation (EU) No 1 308/2013 of the European 
Parliament and of the Council’; 
 (ii) the second paragraph were omitted; 
(d) section 77(1) applies as if, at the end there w ere inserted ‘as applied by Article 102b(1) 
of Regulation (EU) No 1308/2013 of the European Par liament and of the Council’. 
3. In the case of the following proceedings, the ru les made under section 68 or 69 of the 
TMA apply to those proceedings as they apply to pro ceedings involving an application of 
the type referred to in section 74(1)(b) of the TMA : 
(a) an application to invalidate a trade mark refer red to in Article 102a(3); 
(b) an appeal to an appointed person from a decisio n of the registrar in relation to an 
application referred to in paragraph (a).” 
PART 3 
New Annex 9A 
“ANNEX 9A 
TYPES OF DESIGNATION OF ORIGIN AND 
GEOGRAPHICAL INDICATION TO WHICH ARTICLE 
102A APPLIES 
PART 1 
Interpretation 
1. In the table in Part 3: 
(a) ‘Regulation 607/2009’ means Commission Regulati on (EC) No 607/2009 laying down 
certain detailed rules for the implementation of Co uncil Regulation (EC) No 479/2008 
as regards protected designations of origin and geo graphical indications, traditional 
terms, labelling and presentation of certain wine s ector products; 
(b) ‘EU Regulation 2019/34’ means Commission Implem enting Regulation (EU) 2019/34 
laying down rules for the application of Regulation  (EU) No 1308/2013 of the 
European Parliament and of the Council as regards a pplications for protection of 
designations of origin, geographical indications an d traditional terms in the wine 
sector, the objection procedure, amendments to prod uct specifications, the register of 
protected names, cancellation of protection and use  of symbols, and of Regulation 
(EU) No 1306/2013 of the European Parliament and of  the Council as regards an 
appropriate system of checks as it had effect befor e IP completion day; 
(c) ‘an Article 99 notice’ means a notice published  by the Secretary of State under Article 
99(2) or (3);  
 130 (d) ‘the European Commission’s PDOs and PGIs Regist er’ means the register established 
and maintained by the European Commission pursuant to Article 104 of EU 
Regulation 1308/2013( a); 
(e) ‘the paragraph 1 trade mark application’ means the application to register a trade mark 
referred to in Article 102a(1); 
(f) ‘the relevant EUIA-based date’ means date deter mined in accordance with Part 2; 
(g) ‘the relevant pre-IP completion day legislation ’ means: 
 (i) in the case of an application to register a de signation of origin or geographical 
indication submitted to the European Commission und er Regulation (EC) No 
1234/2007, Article 118d or Article 118f(7) of that Regulation; 
 (ii) in the case of an application to register a d esignation of origin or geographical 
indication submitted to the European Commission und er Council Regulation (EC) 
No 479/2008 on the common organisation of the marke t in wine( b), Article 36(2) 
or Article 38(5) of that Regulation; 
 (iii) in the case of an application to register a designation of origin or geographical 
indication submitted to the European Commission und er Regulation 607/2009, 
paragraph 2, 3 or 4 of Article 10 of that Regulatio n; 
 (iv) in the case of an application to register a d esignation of origin or geographical 
indication submitted to the European Commission und er EU Regulation 
1308/2013, Article 96(5) of that Regulation; 
 (v) in the case of an application to register a de signation of origin or geographical 
indication submitted to the European Commission und er EU Regulation 2019/34, 
Article 3 or 4 of that Regulation; 
(h) ‘the relevant trade mark application’ means the  application to register a trade mark 
referred to in Article 102a(2) or (3)(a), as releva nt. 
PART 2 
The relevant EUIA-based date 
2. In the table in Part 3, in a case where the rele vant EUIA-based date applies, the 
relevant EUIA-based date means: 
(a) the date provided for in paragraph 3, or 
(b) where paragraph 3 does not apply, the date prov ided for in the relevant point of 
paragraph 4, or paragraph 5, as relevant to the des ignation of origin or geographical 
indication. 
3. In a case where the EUIA referred to in paragrap h (b) in column 2 of the row of the 
Types Table relating to a designation of origin or geographical indication contained priority 
provisions that applied to the designation of origi n or geographical indication, the relevant 
EUIA-based date is the priority date provided for i n the EUIA that applied to that 
designation of origin or geographical indication. 
4. In a case of a type 3A, 3B, 4A or 4B designation  of origin or geographical indication 
to which paragraph 3 does not apply, the relevant E UIA-based date is: 
                                                                                                                                            
(a) The European Commission’s register relating to de signations of origin and geographical indications f or wine can be 
accessed electronically from https://ec.europa.eu/i nfo/food-farming-fisheries/food-safety-and-quality/ certification/quality-
labels/geographical-indications-register/. A hard c opy of the register as it stood immediately before IP completion day is 
available for inspection free of charge at the offi ces of the Department for Environment, Food and Rur al Affairs, Second 
Floor, Seacole Block, 2 Marsham Street, London SW1P  4DF. 
(b) OJ No. L 148, 6.6.2008, p. 1, repealed by Council  Regulation (EC) No 491/2009 (OJ No. L 154, 17.6.20 09, p. 1).  
 131 (a) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to an amendment 
made to the EUIA (without the need for further acti on to be taken under the EUIA), the 
date on which the amendment entered into force; 
(b) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to a provision in 
the EUIA that was provisionally applied before IP c ompletion day (without the need 
for further action to be taken under the EUIA), the  date on which the provision was 
provisionally applied; 
(c) in a case where the designation of origin or ge ographical indication was protected in 
the European Union immediately before IP completion  day pursuant to an amendment 
made to the EUIA that was provisionally applied bef ore IP completion day (without 
the need for further action to be taken under the E UIA), the date on which the 
amendment was provisionally applied; 
(d) in a case where a designation of origin or geog raphical indication was protected in the 
European Union immediately before IP completion day  following the submission and 
processing of a request, or application, for protec tion or assessment (however 
described) under a provision in the EUIA providing for such requests, or applications, 
the date on which the request, or application, for protection or assessment was 
submitted under the EUIA; 
(e) in any other case, including a case where the d esignation of origin or geographical 
indication was protected in the European Union imme diately before IP completion day 
pursuant to provisions in the EUIA that applied fro m the date that the EUIA entered 
into force (without the need for further action to be taken under the EUIA), the date on 
which the relevant EUIA entered into force. 
5. In a case of a type 5A or 5B designation of orig in or geographical indication to 
which paragraph 3 does not apply and for which a re quest, or application, for protection or 
assessment (however described) was submitted before  IP completion day under the EUIA, 
the relevant EUIA-based date is the date on which t he request, or application, for protection 
or assessment was submitted under the EUIA. 
6. Any reference in this Part to: 
(a) ‘the priority date’ means the date provided for  in priority provisions in an EUIA as the 
date that must be taken into account when determini ng whether an application for a 
trade mark may be granted, including: 
 (i) a calendar date specified in the EUIA; 
 (ii) a date relating to the happening of a specifi ed event; 
(b) ‘priority provisions’ means provisions in an EU IA that governed the relationship 
between trade marks and designations of origin and geographical indications that 
provided (however expressed): 
 (i) that, in the circumstances specified in the EU IA, an application for a trade mark 
must be refused if the application for the trade ma rk was filed after a date 
provided for in the EUIA, 
 (ii) that, in the circumstances specified in the E UIA, the registration of a trade mark 
must be invalidated if the application that resulte d in the registration of that trade 
mark was filed after a date provided for in the EUI A, or 
 (iii) for both the refusal of applications for tra de marks, and the invalidation of the 
registration of trade marks, as provided for in poi nts (i) and (ii); 
(c) ‘without the need for further action to be take n under the EUIA’, in relation to a 
designation of origin or geographical indication pr otected in the European Union 
immediately before IP completion day pursuant to an  EUIA, means that the provisions 
in the EUIA providing for the designation of origin  or geographical indication to be 
protected in the European Union did not require:  
 132  (i) a request or application (however described) t o be submitted by the contracting 
third country under the EUIA in relation to the pro tection of the designation of 
origin or geographical indication; 
 (ii) an assessment to be carried out under the EUI A in relation to the designation of 
origin or geographical indication. 
PART 3 
Types of designation of origin and geographical ind ication (the Types 
Table) 
   133  
Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
1. An established designation of 
origin or established geographical indication. Not applicable. Not applicable. 1. In the case of a  designation 
of origin or geographical indication that was protected under Article 118s(1) or (5) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), whichever is the later of: (a) the date on which the designation of origin or geographical indication application was first protected in the country in which the geographical area covered by the designation of origin or geographical indication is situated, or (b) 1st January 1996. 2. In the case of a designation of origin or geographical indication that was not automatically protected   134 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
under Article 118s of Regulation (EC) No 1234/2007, the date on which the application that resulted in the first registration of the designation of origin or geographical indication was submitted to the European Commission under the relevant pre-IP completion day legislation. 
2. Sussex. The designation of origin is 
on Great Britain’s PDOs and PGIs Register, having been entered on that register following the approval of the application to which Article 97a applied, before the day on which the paragraph 1 trade mark application is accepted or refused. The designation of origin is not on Great Britain’s PDOs and PGIs Register and an Article 99 notice is not published in relation to the application to register the designation of origin to which Article 97a applies before the relevant trade mark application is accepted. 27th July 2017. 
3. A designation of origin or 
geographical indication that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately 1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   135 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force during the relevant period. accepted or refused and is entered on that register pursuant to the second sentence of Article 104. 2. A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the day on which the paragraph 1 trade mark application is accepted or refused. must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the day on which the relevant trade mark application is accepted. 
4. A designation of origin or 
geographical indication that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately 1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   136 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties. accepted or refused and is entered on that register following the approval of an application to register the designation of origin or geographical indication submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission Implementing Regulation (EU) 2019/34, during the relevant period. 2. A designation of origin or geographical indication: (a) that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused, (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission accepted, and (b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 3 of Commission Implementing Regulation (EU) 2019/34 during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which an Article 99 notice relating to the application to register the designation of origin or geographical indication is not published before the relevant trade mark application is accepted.   137 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
Implementing Regulation (EU) 2019/34, during the relevant period, and (c) for which an Article 99 approval notice relating to the application is published before the day on which paragraph 1 trade mark application is accepted or refused. 
5. A designation of origin or 
geographical indication: (a) that relates to a geographical area in a third country, (b) for which an assessment relating to the protection of the designation of origin or geographical indication was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before IP completion day in respect of the designation of origin or geographical indication See the entry in row 4 of this column. See the entry in row 4 of this column. The relevant EUIA-based date that applies to the designation of origin or geographical indication in relation to the EUIA referred to in point (b) of column 2.   138 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
under an EUIA, and (c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the designation of origin or geographical indication should be protected in the European Union. 
6. A designation of origin or 
geographical indication: (a) that relates to a geographical area in a third country, and (b) for which an application to register the designation of origin or geographical indication was submitted to the European Commission under Article 3 of Regulation 607/2009( a), or Article 3 of 
EU Regulation 2019/34( b), 
before IP completion day that See the entry in row 4 of this column. See the entry in row 4 of this column. The date on which the application to register the designation of origin or geographical indication referred to in point (b) of column 2 was submitted to the European Commission under the relevant pre-IP completion day legislation.” 
                                                                                                                                                                                                                                          
(a) OJ No. L 193, 24.7.2009, p. 60; repealed by Commi ssion Delegated Regulation (EU) 2019/33 (OJ No. L 9 , 11.1.2019, p. 2). Last amended before its repeal by Commission Delegated Regulation (EU) 2018/273 
(OJ No. L 58, 28.2.2018, p. 1). 
(b) OJ No. L 9, 11.1.2019, p. 46.   139 Column 1 Row No Column 2 The name of the designation of origin or a description of the type of designation of origin or geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
was neither refused nor resulted in the registration of the designation of origin or geographical indication on the European Commission’s PDOs and PGIs Register before IP completion day.  
 140  
 SCHEDULE 4 Regulation 21 
Regulation (EU) No 251/2014 of the European Parliam ent and of the 
Council: new provisions 
PART 1 
Article 2: new points (4) to (19) 
“(4) ‘EU Regulation 251/2014’ means Regulation (EU)  No 251/2014 of the European 
Parliament and of the Council on the definition, de scription, presentation, labelling and the 
protection of geographical indications of aromatise d wine products( a) as it had effect before 
IP completion day; 
(5) ‘an Article 16 approval notice’ means a notice published under the second paragraph 
of Article 16 relating to a decision of the Secreta ry of State to grant an application to 
protect a geographical indication; 
(6) ‘constituent nation’ means England, Northern Ir eland, Scotland or Wales; 
(7) ‘country’, in relation to the United Kingdom, m eans the United Kingdom as a whole 
and does not mean an individual constituent nation forming part of the United Kingdom; 
(8) ‘enters into force’, in relation to a reference  to an international agreement, includes, 
where the provisional application of that agreement  is agreed between the parties before it 
enters into force, the provisional application of t he agreement and ‘entry into force’ is to be 
construed accordingly; 
(9) ‘established protected geographical designation ’ means a geographical indication 
within the meaning of Article 2(3) to which Article  54(2) of the EU withdrawal agreement 
applies; 
(10) ‘EUIA’ means an international agreement made b etween the European Union and a 
third country that provides for the protection of a  geographical indication of the third 
country in the European Union; 
(11) ‘EUWA’ means the European Union (Withdrawal) A ct 2018; 
(12) ‘FTT’ means the First-tier Tribunal; 
(13) ‘Great Britain’s GIs Register’ means the regis ter established and maintained by the 
Secretary of State pursuant to Article 21; 
(14) ‘the original applicant’, in a case where an a ppeal has been made in respect of a 
decision made by the Secretary of State in relation  to a geographical indication under 
Article 25, or following the submission of an appli cation under Article 11, 13a or 24, or a 
request submitted under Article 25, means the perso n who submitted the application or 
request; 
(15) ‘the relevant period’ means the period beginni ng on IP completion day and expiring 
at the end of the day that falls nine months after the day on which IP completion day falls; 
(16) ‘retained EU law’ has the meaning given in sec tion 6(7) of the EUWA but does not 
include any legislation so far as it extends to Nor thern Ireland; 
(17) ‘third country’ means any country, other than the United Kingdom, and, except in 
the definition of ‘EUIA’ in point (10) and in Annex  2A, includes: 
(a) the Bailiwick of Guernsey; 
                                                                                                                                            
(a) OJ No. L 84, 20.3.2014, p. 14.  
 141 (b) the Bailiwick of Jersey; 
(c) the Isle of Man; 
(18) ‘the TMA’ means the Trade Marks Act 1994; 
(19) ‘the Types Table’ means the table in Part C of  Annex 2A.” 
PART 2 
New Article 9a 
“Article 9a 
Definitions: types of geographical indication 
In Article 19a and Annex 2A any reference to: 
(a) ‘a type 1 geographical indication’ means a geog raphical indication listed in column 2 
of row 1 of the Types Table; 
(b) ‘a type 2A geographical indication’ means a geo graphical indication of the type 
described in column 2 of row 2 of the Types Table t o which paragraph 1 or 2 of 
column 3 of that row applies; 
(c) ‘a type 2B geographical indication’ means a geo graphical indication of the type 
described in column 2 of row 2 of the Types Table t o which the provisions in column 4 
of that row apply; 
(d) ‘a type 3A geographical indication’ means a geo graphical indication of the type 
described in column 2 of row 3 of the Types Table t o which paragraph 1 or 2 in 
column 3 of row 2 of that table applies; 
(e) ‘a type 3B geographical indication’ means a geo graphical indication of the type 
described in column 2 of row 3 of the Types Table t o which the provisions in column 4 
of row 2 of that table apply.” 
PART 3 
New Articles 19a and 19b 
“Article 19a 
Transitional provisions: relationship with trade ma rks 
1. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where, if the trade mark is registered, the use of the trade mark will contravene Article 
20(2) in relation to a category A geographical indi cation. 
2. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where: 
(a) if the trade mark is registered, the use of the  trade mark will contravene Article 20(2) 
in relation to a category B geographical indication , and 
(b) after the application for the trade mark is acc epted but before the trade mark is 
registered: 
 (i) in the case of a type 2B geographical indicati on: 
(aa) the international agreement referred to in par agraph (c) of column 2 of 
row 2 of the Types Table enters into force, and 
(bb) the entry into force of the international agre ement is brought to the 
attention of the registrar before the trade mark is  registered;  
 142  (ii) in the case of a type 3B geographical indicat ion: 
(aa) the Secretary of State publishes an Article 16  approval notice relating 
to the geographical indication, and 
(bb) the Article 16 approval notice is brought to t he attention of the registrar 
before the trade mark is registered. 
3. Where an application for a declaration of invali dity is made under the TMA (as 
applied by Article 19b(1) and modified by Article 1 9b(2)) in relation to the registration of a 
trade mark, the registration of the trade mark must  be declared to be invalid, unless 
paragraph 4 applies, if: 
(a) the application to register the trade mark was pending immediately before IP 
completion day or filed during the relevant period,  
(b) the use of the trade mark contravenes, or will,  if used, contravene, Article 20(2) in 
relation to a category B geographical indication, a nd 
(c) in the case of a type 3B geographical indicatio n, the Secretary of State publishes an 
Article 16 approval notice relating to the geograph ical indication on or after the day on 
which the trade mark application is accepted. 
4. This paragraph applies where a column 5 date app lies in relation to a category A or 
B geographical indication and, taking account of an y priority claimed in respect of an 
application to register the trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and 
on the basis of the information available to the re gistrar, it appears to the registrar that the 
date of filing of the trade mark application is ear lier than the column 5 date that applies to 
the relevant category A or B geographical indicatio n. 
5. As regards paragraphs 1 and 2, a column 5 date d oes not apply in relation to a type 
2A or 3A geographical indication where the EUIA ref erred to in paragraph (b) in column 2 
of the row of the Types Table relating to the geogr aphical indication provides that an 
application for a trade mark must be refused, regar dless of when that application is filed, if 
the trade mark, if registered, will contravene a pr ovision in the EUIA providing for the 
protection of the use of the geographical indicatio n. 
6. As regards paragraph 3, a column 5 date does not  apply in relation to a type 2B or 3B 
geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row 
of the Types Table relating to the geographical ind ication provides that the registration of a 
trade mark must be invalidated if, regardless of wh en the application that resulted in the 
registration of the trade mark is filed, the use of  the trade mark contravenes a provision in 
the EUIA providing for the protection of the use of  the geographical indication. 
7. In a case of a category A or B geographical indi cation that is not on Great Britain’s 
GIs Register at the time an assessment is carried o ut under paragraph 1, 2 or 3, the 
geographical indication is to be treated, for the p urpose of the assessment, as being a 
geographical indication protected under this Regula tion in determining whether the use of 
the trade mark will contravene Article 20(2) in rel ation to that geographical indication. 
8. A trade mark that could be used in the United Ki ngdom under Article 19(2) of EU 
Regulation 251/2014 immediately before IP completio n day may continue to be used in 
Great Britain: 
(a) notwithstanding that the use of the trade mark would contravene Article 20(2) of this 
Regulation in relation to a geographical indication  registered by the Secretary of State 
under this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
9. Nothing in this Regulation prevents a trade mark  that could be renewed in the United 
Kingdom pursuant to Article 19(2) of EU Regulation 251/2014 immediately before IP 
completion day from being renewed after IP completi on day:  
 143 (a) notwithstanding that the use of the renewed tra de mark would contravene Article 20(2) 
in Great Britain in relation to a geographical indi cation registered by the Secretary of 
State under this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
10. Where paragraph 8 or 9 applies to the use or re newal of a trade mark, this does not 
affect the use of a geographical indication entered  on Great Britain’s GIs Register by the 
Secretary of State: 
(a) following a decision by the Secretary of State to grant an application to register the 
geographical indication submitted under Article 11;  
(b) under the second paragraph of Article 16. 
11. In this Article: 
(a) ‘an application to register a trade mark’ means  an application to register a trade mark 
filed under the TMA; 
(b) ‘a category A geographical indication’ means a type 1, 2A or 3A geographical 
indication; 
(c) ‘a category B geographical indication’ means a type 2B or 3B geographical indication; 
(d) ‘column 5 date’, in relation to a geographical indication that is a category A or B 
geographical indication, means the date specified, or provided for, in column 5 of the 
Types Table in the row relating to the relevant typ e of geographical indication; 
(e) ‘date of filing’: 
 (i) in the case of an EUTM-based trade mark applic ation, means the filing date 
referred to in paragraph 25(2)(a)(i) of Schedule 2A  to the TMA for the existing 
EUTM application; 
 (ii) in the case of an ITM-based trade mark applic ation, means: 
(aa) in the case of an application for the registra tion of a trade mark to 
which paragraph 28 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 28(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
(bb) in the case of an application for the registra tion of a trade mark to 
which paragraph 29 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 29(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
 (iii) in any other case, has the meaning given by section 33 of the TMA; 
(f) ‘EUTM-based trade mark application’ means an ap plication to register a trade mark to 
which paragraph 25(1) of Schedule 2A to the TMA app lies that is made within the 
period specified in paragraph 25(2) of that Schedul e; 
(g) ‘existing EUTM application’ has the same meanin g as in paragraph 24 of Schedule 2A 
to the TMA; 
(h) ‘existing ITM application’ has the same meaning  as in paragraph 27(1)(a) of Schedule 
2B to the TMA; 
(i) ‘existing request for EU extension’ has the sam e meaning as in paragraph 27(1)(b) of 
Schedule 2B to the TMA; 
(j) ‘ITM-based trade mark application’ means an app lication to register a trade mark to 
which paragraph 28(1) or 29(1) of Schedule 2B to th e TMA applies that is made within 
the period specified in paragraph 28(1)(c) or 29(1) (c) (as the case may be) of that 
Schedule; 
(k) ‘the registrar’ has the meaning given by sectio n 62 of the TMA. 
12. Any reference in this Article to:  
 144 (a) ‘priority claimed in respect of an application’ : 
 (i) in the case of an EUTM-based trade mark applic ation, means any priority claimed 
in respect of the existing EUTM application referre d to in paragraph 25(2)(a)(ii) 
of Schedule 2A to the TMA; 
 (ii) in the case of an ITM-based trade mark applic ation, means any priority claimed in 
respect of the existing ITM application or the exis ting request for EU extension 
referred to in paragraph 28(2)(b) or 29(2)(b) (as t he case may be) of Schedule 2B 
to the TMA; 
 (iii) in any other case, means any priority claime d in respect of the application 
pursuant to section 35 of the TMA; 
(b) an application to register a trade mark that wa s ‘pending immediately before IP 
completion day’ is a reference to an application th at was neither refused, nor resulted 
in the registration of the trade mark that is the s ubject of the application, before IP 
completion day; 
(c) a trade mark includes a reference to: 
 (i) a collective mark as defined in section 49(1) of the TMA; 
 (ii) a certification mark as defined in section 50 (1) of the TMA. 
 
Article 19b 
Application and modification of trade mark provisio ns 
1. For the purpose of Article 19a, the following pr ovisions of the TMA apply, with the 
modifications, in the case of sections 47(3) and (5 ), 74(1), 76(1) and 77(1), specified in 
paragraph 2: 
(a) subsections (3) to (5) and (6) of section 47 (i nvalidation of trade marks) in relation to 
an application to invalidate a trade mark referred to in Article 19a(3); 
(b) section 72 (registration to be prima face evide nce of validity); 
(c) section 73 (certificate of validity of conteste d application); 
(d) section 74 (registrar’s appearance in proceedin gs involving the register of trade 
marks); 
(e) section 75 (definition of ‘the court’); 
(f) section 76 (appeals) except for subsection (5);  
(g) section 77(1) (persons appointed to hear and de termine appeals). 
2. The modifications are: 
(a) section 47 applies as if: 
 (i) in subsection (3), in the words before paragra ph (a), after ‘invalidity’ there were 
inserted ‘made under this section, as applied by Ar ticle 19b(1) of Regulation (EU) 
No 251/2014 of the European Parliament and of the C ouncil on the definition, 
description, presentation, labelling and the protec tion of geographical indications 
of aromatised wine products,’; 
 (ii) in subsection (5), for ‘grounds of invalidity  exist’ there were substituted ‘ground 
for invalidity specified in Article 19a(3) of Regul ation (EU) No 251/2014 of the 
European Parliament and of the Council exists’; 
(b) section 74(1) applies as if, for the words from  ‘for’ to ‘the registrar’ there were 
substituted ‘for a declaration of the invalidity of  the registration of a trade mark, the 
registrar’; 
(c) section 76(1) applies as if: 
 (i) in the first paragraph, for the words from ‘un der’ to the end there were substituted 
‘made under Article 19a of Regulation (EU) No 251/2 014 of the European 
Parliament and of the Council’;  
 145  (ii) the second paragraph were omitted; 
(d) section 77(1) applies as if, at the end there w ere inserted ‘as applied by Article 19b(1) 
of Regulation (EU) No 251/2014 of the European Parl iament and of the Council’. 
3. In the case of the following proceedings, the ru les made under section 68 or 69 of the 
TMA apply to those proceedings as they apply to pro ceedings involving an application of 
the type referred to in section 74(1)(b) of the TMA : 
(a) an application to invalidate a trade mark refer red to in Article 19a(3); 
(b) an appeal to an appointed person from a decisio n of the registrar in relation to an 
application referred to in paragraph (a).” 
PART 4 
Article 21: new paragraphs 2 to 10 
“2. Where the Secretary of State publishes a decisi on notice giving notice of the 
Secretary of State’s decision to confer protection on a geographical indication, the 
Secretary of State must, as soon as possible after the notice period for the notice has 
expired: 
(a) record the following data in the register: 
 (i) the registered name (or names) of the product;  
 (ii) the date of protection; 
 (iii) an indication that the name is protected as a geographical indication; 
 (iv) an indication of the permitted country or cou ntries of origin; 
(b) attach a copy of the product specification for the geographical indication to the 
register. 
3. An entry for a geographical indication recorded in the register pursuant to paragraph 
2(a) confers the protection provided for in Article  20 and that protection runs from 
immediately after: 
(a) the entry is recorded in the register, and 
(b) the product specification referred to in paragr aph 2(b) has been attached to the register. 
4. Where the Secretary of State publishes a decisio n notice giving notice of the 
Secretary of State’s decision to approve an amendme nt to a product specification for a 
geographical indication that is not minor and the a mendment includes a change that affects 
the information recorded in the register for the ge ographical indication pursuant to 
paragraph 2, the Secretary of State must as soon as  possible after the notice period for the 
decision notice has expired: 
(a) delete the original data, and record the new da ta, in the register, and 
(b) replace the copy of the product specification a ttached to the register with a copy of the 
approved amended product specification. 
5. The new data recorded in the register pursuant t o paragraph 4(a) and the provisions 
in the approved amended product specification attac hed to the register pursuant to 
paragraph 4(b) come into force immediately after: 
(a) the new data is recorded in the register, and 
(b) the copy of the amended product specification i s attached to the register. 
6. Where the Secretary of State publishes a decisio n notice giving notice of the 
Secretary of State’s decision to approve an amendme nt to a product specification for a 
geographical indication that is not minor and the c hange in the product specification does 
not affect the information recorded in the register  pursuant to paragraph 2, the Secretary of  
 146 State must replace the copy of the product specific ation attached to the register with a copy 
of the approved amended product specification as so on as possible after the notice period 
for the decision notice has expired. 
7. The approved amended product specification attac hed to the register pursuant to 
paragraph 6 comes into force immediately after it i s attached to the register. 
8. Where the Secretary of State publishes a decisio n notice giving notice of the 
Secretary of State’s decision to approve a change i n a product specification for a 
geographical indication that is minor, the Secretar y of State must replace the copy of the 
product specification attached to the register with  a copy of the approved amended product 
specification as soon as possible after the notice period for the notice has expired. 
9. The approved amended product specification attac hed to the register pursuant to 
paragraph 8 comes into force immediately after it i s attached to the register. 
10. Where the Secretary of State publishes a decisi on notice giving notice of the 
Secretary of State’s decision to cancel the protect ion of a geographical indication, the 
Secretary of State must delete the entry relating t o the geographical indication in the 
register as soon as possible after the notice perio d for the cancellation decision notice has 
expired. The cancellation takes effect immediately after the entry is removed from the 
register.” 
PART 5 
New Articles 25a and 25b 
“Article 25a 
Appeals: general 
1. An appeal may be made to the FTT against a decis ion of the Secretary of State 
specified in column 1 of the table in Annex 2B. 
2. Such an appeal may be made: 
(a) in all cases, by a person specified in the corr esponding entry in column 2 of the table in 
Annex 2B; 
(b) in the case of a decision affecting an applicat ion submitted by the authorities of a third 
country, by the authorities of that third country. 
3. In determining such an appeal, the FTT: 
(a) must consider the decision appealed against afr esh; 
(b) may take into account evidence that was not ava ilable to the Secretary of State. 
4. The FTT may: 
(a) dismiss the appeal, or 
(b) if it allows the appeal, exercise any power spe cified in the corresponding entry in 
column 3 of the table in Annex 2B. 
5. Where the FTT remits a matter to the Secretary o f State for reconsideration and fresh 
decision: 
(a) the Secretary of State, after making a fresh de cision, must publish, in such manner as 
appears appropriate to the Secretary of State from time to time, a notice informing the 
appellant, the original applicant (if different) an d the public of that fresh decision and 
the reasons for that decision; 
(b) the provisions of this article, Article 25b and  Annex 2B apply to the fresh decision 
made by the Secretary of State. 
  
 147 Article 25b 
Secretary of State decision to consider a decision afresh and the effect of that decision 
on an appeal 
1. The Secretary of State may, on the Secretary of State’s own initiative, consider a 
decision specified in column 1 of the table in Anne x 2B (‘the original decision’) afresh if 
evidence becomes available to the Secretary of Stat e after making the original decision that 
was not available to the Secretary of State at the time of the original decision. 
2. Paragraph 1 applies even though an appeal has be en made to the FTT in respect of 
the original decision. 
3. Where the Secretary of State decides to consider  an original decision afresh in a case 
where an appeal has been made to the FTT in respect  of that decision: 
(a) the Secretary of State must notify the FTT of t he Secretary of State’s decision to 
consider the original decision afresh and must publ ish, in such manner as appears 
appropriate to the Secretary of State from time to time, a notice informing the 
appellant, the original applicant (if different) an d the public of that decision; 
(b) the appeal to the FTT is suspended until such t ime as the Secretary of State has made a 
fresh decision in relation to the matter; 
(c) the Secretary of State must, following the maki ng of the fresh decision, notify the FTT 
of that decision and must publish, in such manner a s appears appropriate to the 
Secretary of State from time to time, a notice info rming the appellant, the original 
applicant (if different) and the public of that dec ision and the reasons for that decision. 
4. If the Secretary of State makes the same decisio n again, the appeal to the FTT 
restarts. 
5. If the Secretary of State makes a different deci sion, the appeal to the FTT ceases 
unless the FTT directs otherwise.” 
PART 6 
New Article 33 
“Article 33 
Provisions relating to regulations 
1. Any power to make regulations conferred on the S ecretary of State by this 
Regulation is exercisable by statutory instrument. 
2. Such regulations may: 
(a) contain supplementary, incidental, consequentia l, transitional or saving provision 
(including provision amending, repealing or revokin g an enactment); 
(b) make different provision for different purposes . 
3. Except as specified in paragraph 4, a statutory instrument containing regulations 
under this Regulation is subject to annulment in pu rsuance of a resolution of either House 
of Parliament. 
4. A statutory instrument containing regulations un der Article 4(2), 28 or 32(2) may not 
be made unless a draft of the instrument has been l aid before, and approved by a resolution 
of, each House of Parliament. 
5. The Secretary of State may not make regulations under Article 4(2) or (3), the first 
subparagraph of Article 31(2) or Article 32(2) or ( 3) (‘the relevant powers’) without the 
consent of: 
(a) in relation to Scotland, the Scottish Ministers ;  
 148 (b) in relation to Wales, the Welsh Ministers. 
6. Where either of the parties mentioned in point ( a) or (b) of paragraph 5 requests the 
Secretary of State to make regulations under any of  the relevant powers, the Secretary of 
State must have regard to that request. 
7. In this Article, ‘enactment’ means the following  legislation whenever passed or 
made: 
(a) an enactment contained in any Order in Council,  order, rules, regulations or other 
instrument made under an Act, except to the extent that it extends to Northern Ireland; 
(b) regulations made under retained direct principa l EU legislation, except to the extent 
that they extend to Northern Ireland; 
(c) retained direct minor EU legislation, except to  the extent that it extends to Northern 
Ireland.” 
PART 7 
Annex 1, point (5): new subparagraph 
“In this point, ‘relevant water quality legislation ’ means: 
(a) in relation to aromatised wine products markete d in England: 
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (England) 
Regulations 2007; 
 (ii) the Water Supply (Water Quality) Regulations 2016; 
 (iii) the Private Water Supplies (England) Regulat ions 2016; 
(b) in relation to aromatised wine products markete d in Scotland: 
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (Scotland) 
(No. 2) Regulations 2007; 
 (ii) the Public Water Supplies (Scotland) Regulati ons 2014; 
 (iii) the Water Intended for Human Consumption (Pr ivate Supplies) (Scotland) 
Regulations 2017; 
(c) in relation to aromatised wine products markete d in Wales: 
 (i) the Natural Mineral Water, Spring Water and Bo ttled Drinking Water (Wales) 
Regulations 2015; 
 (ii) the Private Water Supplies (Wales) Regulation s 2017; 
 (iii) the Water Supply (Water Quality) Regulations  2018.”  
 149 PART 8 
New Annexes 2A and 2B 
“ANNEX 2A 
TYPES OF GEOGRAPHICAL INDICATION TO WHICH 
ARTICLE 19A APPLIES 
PART A 
INTERPRETATION 
1. In the table in Part C: 
(a) ‘the paragraph 1 trade mark application’ means the application to register a trade mark 
referred to in Article 19a(1); 
(b) ‘the relevant EUIA-based date’ means the date d etermined in accordance with Part B; 
(c) ‘the relevant trade mark application’ means the  application to register a trade mark 
referred to in Article 19a(2) or (3)(a). 
PART B 
THE RELEVANT EUIA-BASED DATE 
2. In the table in Part C, in a case where the rele vant EUIA-based date applies, the 
relevant EUIA-based date means: 
(a) the date provided for in paragraph 3, or 
(b) where paragraph 3 does not apply, the date prov ided for in the relevant point of 
paragraph 4, as relevant to the geographical indica tion. 
3. In a case where the EUIA referred to in paragrap h (b) in column 2 of the row of the 
Types Table relating to a geographical indication c ontained priority provisions that applied 
to the geographical indication, the relevant EUIA-b ased date is the priority date provided 
for in the EUIA that applied to that geographical i ndication. 
4. In a case of a type 2A, 2B, 3A or 3B geographica l indication to which paragraph 3 
does not apply, the relevant EUIA-based date is: 
(a) in a case where the geographical indication was  protected in the European Union 
immediately before IP completion day pursuant to an  amendment made to the EUIA 
(without the need for further action to be taken un der the EUIA), the date on which the 
amendment entered into force; 
(b) in a case where the geographical indication was  protected in the European Union 
immediately before IP completion day pursuant to a provision in the EUIA that was 
provisionally applied before IP completion day (wit hout the need for further action to 
be taken under the EUIA), the date on which the pro vision was provisionally applied; 
(c) in a case where the geographical indication was  protected in the European Union 
immediately before IP completion day pursuant to an  amendment made to the EUIA 
that was provisionally applied before IP completion  day (without the need for further 
action to be taken under the EUIA), the date on whi ch the amendment was 
provisionally applied; 
(d) in a case where the geographical indication was  protected in the European Union 
immediately before IP completion day following the submission and processing of a  
 150 request, or application, for protection or assessme nt (however described) under a 
provision in the EUIA providing for such requests, or applications, the date on which 
the request, or application, for protection or asse ssment was submitted under the 
EUIA; 
(e) in any other case, including a case where the g eographical indication was protected in 
the European Union immediately before IP completion  day pursuant to provisions in 
the EUIA that applied from the date that the EUIA e ntered into force (without the need 
for further action to be taken under the EUIA), the  date on which the relevant EUIA 
entered into force. 
5. Any reference in this Part to: 
(a) ‘the priority date’ means the date provided for  in priority provisions in an EUIA as the 
date that must be taken into account when determini ng whether an application for a 
trade mark may be granted, including: 
 (i) a calendar date specified in the EUIA; 
 (ii) a date relating to the happening of a specifi ed event; 
(b) ‘priority provisions’ means provisions in an EU IA that governed the relationship 
between trade marks and geographical indications an d that provided (however 
expressed): 
 (i) that, in the circumstances specified in the EU IA, an application for a trade mark 
must be refused if the application for the trade ma rk was filed after a date 
provided for in the EUIA, 
 (ii) that, in the circumstances specified in the E UIA, the registration of a trade mark 
must be invalidated if the application that resulte d in the registration of that trade 
mark was filed after a date provided for in the EUI A, or 
 (iii) for both the refusal of applications for tra de marks, and the invalidation of the 
registration of trade marks, as provided for in poi nts (i) and (ii); 
(c) ‘without the need for further action to be take n under the EUIA’, in relation to a 
geographical indication protected in the European U nion immediately before IP 
completion day pursuant to an EUIA, means that the provisions in the EUIA providing 
for the geographical indication to be protected in the European Union did not require: 
 (i) a request or application (however described) t o be submitted by the contracting 
third country under the EUIA in relation to the pro tection of the geographical 
indication; 
 (ii) an assessment to be carried out under the EUI A in relation to the geographical 
indication. 
PART C 
TYPES OF GEOGRAPHICAL INDICATION (THE TYPES TABLE) 
   151  
Column 1 Row No. Column 2 The name, or a description, of the geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
1. The following geographical 
indications: (a) Nürnberger Glühwein; (b) Samoborski bermet; (c) Thüringer Glühwein; (d) Vermut di Torino/Vermouth di Torino; (e) Vino Naranja del Condado de Huelva. Not applicable. Not applicable. 1. In the case of t he 
following geographical indications, 17th December 1991: (a) Nürnberger Glühwein; (b) Vermut di Torino/Vermouth di Torino. 2. In the case of Thüringer Glühwein, 2nd November 1996. 3. In the case of Samoborski bermet, 1st July 2013. 4. In the case of Vino Naranja del Condado de Huelva, 20th March 2014. 
2. A geographical indication 
that: (a) relates to a geographical area in a third country, (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in Great Britain pursuant to an 1. A geographical indication that is on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register pursuant to Article 21(11). 2. A geographical indication that is not on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is A geographical indication that is not on Great Britain’s GIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the day on which the relevant trade The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.   152 Column 1 Row No. Column 2 The name, or a description, of the geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
international agreement to which the United Kingdom and the third country are contracting parties. accepted or refused but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the day on which the paragraph 1 trade mark application is accepted or refused. mark application is accepted. 
3. A geographical indication 
that: (a) relates to a geographical area in a third country, and (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties. 1. A geographical indication that is on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to protect the geographical indication submitted to the Secretary of State under Article 11 during the relevant period. 2. A geographical indication: (a) that is not on Great Britain’s GIs Register before the day on which the paragraph 1 trade mark A geographical indication: (a) that is not on Great Britain’s GIs Register when the relevant trade mark application is accepted, and (b) for which an application to protect the geographical indication is submitted to the Secretary of State under Article 11 during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which a notice relating to The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.   153 Column 1 Row No. Column 2 The name, or a description, of the geographical indication Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
application is accepted or refused, (b) for which an application to protect the geographical indication is submitted to the Secretary of State under Article 11 during the relevant period, and (c) for which an Article 16 approval notice relating to the application is published before the day on which the paragraph 1 trade mark application is accepted or refused. the application to protect the geographical indication is not published by the Secretary of State under the second paragraph of Article 16 before the relevant trade mark application is accepted.  
 154  
ANNEX 2B 
APPEALS 
 
Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
Decision of the Secretary of 
State to approve an application 
submitted under Article 11 or 
13a to protect a geographical 
indication. The persons are: 
(a) a person who lodges a duly 
substantiated statement of 
objection in relation to the 
application under Article 15; 
(b) a person marketing a 
product that is, or may be, 
affected by the protection of 
the geographical indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) remove the entry for the 
geographical indication from 
Great Britain’s GIs Register, 
and 
(ii) remove the copy of the 
product specification for the 
geographical indication 
attached to Great Britain’s GIs 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 11 or 
13a to protect a geographical 
indication. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
protect the geographical 
indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
protect the geographical 
indication by: 
(i) making an entry for the 
geographical indication in 
Great Britain’s GI Register, 
recording the data specified in 
Article 21(2) in the register, 
and 
(ii) attaching a copy of the 
product specification for the 
geographical indication to 
Great Britain’s GI Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve an application 
submitted under Article 24 to 
amend a product specification 
for a geographical indication. The persons are: 
(a) a person who lodges a duly 
substantiated statement of 
objection in relation to the 
application under Article 15 
(as it applies to an application 
to amend a product 
specification by virtue of 
Article 24(2)); 
(b) a person marketing a Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the data in the entry 
for the geographical indication 
in Great Britain’s GI Register 
(if appropriate); 
(ii) remove the copy of the 
amended product specification 
for the geographical indication  
 155 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
product that is, or may be, 
affected by the amendment of 
the product specification. attached to Great Britain’s GI 
Register and replace it with a 
copy of the product 
specification for the 
geographical indication that 
was attached to the register 
immediately before the 
Secretary of State decided to 
approve the application, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 24 to 
amend a product specification 
for a geographical indication. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
amend the product 
specification. Power to: 
(a) quash the decision and (as 
appropriate) direct the 
Secretary of State to: 
(i) make such change to the 
data in the entry for the 
geographical indication in 
Great Britain’s GI Register as 
the amendment to the product 
specification may entail; 
(ii) replace the copy of the 
product specification attached 
to Great Britain’s GIs Register 
with a copy of the amended 
product specification, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State under Article 25, on the 
Secretary of State’s own 
initiative, to cancel the 
protection of a geographical 
indication. The persons are: 
(a) a person who lodges a duly 
substantiated statement of 
objection in relation to the 
proposed decision to cancel 
the geographical indication 
under Article 15 (as it applies 
to the cancellation of a 
geographical indication by 
virtue of the second paragraph 
of Article 25); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the protection of the 
geographical indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
geographical indication in 
Great Britain’s GIs Register, 
and 
(ii) reattach to Great Britain’s 
GIs Register a copy of the 
product specification for the 
geographical indication that 
was attached to that register 
immediately before the 
Secretary of State decided to 
cancel the protection of the 
geographical indication, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of The persons are: Power  to:  
 156 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
State to approve a request 
submitted under Article 25 to 
cancel the protection of a 
geographical indication. (a) a person who lodges a duly 
substantiated statement of 
objection under Article 15 in 
relation to the request (as it 
applies to a request to cancel 
the protection of a 
geographical indication by 
virtue of the second paragraph 
of Article 25); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the protection of the 
geographical indication. (a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
geographical indication in 
Great Britain’s GIs Register, 
and 
(ii) reattach to Great Britain’s 
GIs Register a copy of the 
product specification for the 
geographical indication that 
was attached to that register 
immediately before the 
Secretary of State decided to 
cancel the protection of the 
geographical indication, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject a request 
submitted under Article 25 to 
cancel the protection of a 
geographical indication. The persons are: 
(a) the person who submitted 
the request; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
cancel the protection of the 
geographical indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) remove the entry for the 
geographical indication from 
Great Britain’s GIs Register, 
and 
(ii) remove the copy of the 
product specification for the 
geographical indication 
attached to Great Britain’s GIs 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision.” 
 SCHEDULE 5 Regulation 22 
Commission Delegated Regulation (EU) No 664/2014: n ew provisions 
PART 1 
Article 6: new paragraphs 4 to 4o 
“4. This paragraph and paragraphs 4a to 4o apply to  UK temporary amendments. 
A UK temporary amendment is a temporary amendment m ade to a product specification for 
a protected designation of origin, protected geogra phical indication or traditional speciality 
guaranteed to take account of difficulties that wou ld otherwise arise in connection with the 
production of a product in the United Kingdom in co mpliance with the product 
specification:  
 157 (a) because of the imposition of an obligatory sani tary or phytosanitary measure in the 
United Kingdom (or any part of the United Kingdom) by, or linked to a natural disaster 
formally recognised by, the Secretary of State or b y; 
 (i) the Environment Agency in a case where, and to  the extent that, a relevant 
geographical area in England is affected; 
 (ii) the Department of Agriculture, Environment an d Rural Affairs, or the Department 
of Health, in a case where, and to the extent that,  a relevant geographical area in 
Northern Ireland is affected; 
 (iii) the Scottish Ministers, Food Standards Scotl and or the Scottish Environment 
Protection Agency, in a case where, and to the exte nt that, a relevant geographical 
area in Scotland is affected; 
 (iv) the Welsh Ministers, or the Natural Resources  Body for Wales, in a case where, 
and to the extent that, a relevant geographical are a in Wales is affected; 
 (v) the Food Standards Agency in a case where, and  to the extent that, a relevant 
geographical area in England, Northern Ireland or W ales is affected, or 
(b) for reasons linked to adverse weather condition s in the United Kingdom, or any part of 
the United Kingdom, formally recognised by the Met Office of the Department for 
Business, Energy and Industrial Strategy. 
4a. A UK temporary amendment application must be ma de to the Secretary of State. 
4b. The procedure laid down in Articles 49 to 52 of  Regulation (EU) No 1151/2012 does 
not apply to a UK temporary amendment application. 
4c. A UK temporary amendment application may be mad e by a group having a 
legitimate interest in the relevant protected desig nation of origin, protected geographical 
indication or traditional speciality guaranteed. 
4d. If a UK temporary amendment application is not made by the original (protection) 
applicant, the Secretary of State must give the ori ginal (protection) applicant the 
opportunity to make comments on the UK temporary am endment application if that 
applicant still exists. 
4e. A UK temporary amendment application must: 
(a) describe the amendment applied for, 
(b) be accompanied by a copy of the product specifi cation annotated in a way to show the 
proposed temporary amendment, 
(c) compare for each amendment— 
 (i) the original product specification against the  proposed amended product 
specification, and 
 (ii) where relevant, the original single document against the proposed amended single 
document, 
(d) provide a summary of the reasons why an amendme nt is required, explaining how the 
circumstances specified in point (a) or (b) of the second subparagraph of paragraph 4 
affect the production of a product for which the pr otected designation of origin, 
protected geographical indication or traditional sp eciality guaranteed may be used, 
(e) be accompanied, as the case may be, by: 
 (i) evidence of the sanitary or phytosanitary meas ure or a reference to that measure 
that will enable the Secretary of State to identify  the measure, and easily obtain a 
copy of it, 
 (ii) a copy of a document issued by the relevant a uthority recognising the natural 
disaster or a reference to that document that will enable the Secretary of State to 
identify the document and easily obtain a copy of i t, or  
 158  (iii) a copy of a document issued by the Met Offic e of the Department for Business, 
Energy and Industrial Strategy recognising the adve rse weather conditions or a 
reference to that document that will enable the Sec retary of State to identify the 
document and easily obtain a copy of it, 
(f) provide an estimate, where this is possible, of  the period during which it is anticipated 
that the UK temporary amendment will need to apply,  and 
(g) contain all amendments to the product specifica tion, and, where relevant, to the single 
document, for which approval is sought. 
4f. A UK temporary amendment application that does not comply with paragraph 4e is 
not admissible. 
4g. The Secretary of State must inform an applicant  if a UK temporary amendment 
application is inadmissible as soon as reasonably p racticable after receiving the application. 
4h. The Secretary of State may approve a UK tempora ry amendment application if the 
Secretary of State considers that a temporary amend ment to the relevant product 
specification is appropriate. 
4i. Where a UK temporary amendment application is a pproved, the Secretary of State 
must specify the period for which the UK temporary amendment is to apply. 
4j. That period may be specified by reference to a set period of time or may be specified 
by reference to a period expiring on the happening of an event specified in the decision. 
4k. The Secretary of State, in deciding a period du ring which an approved UK temporary 
amendment is to apply, must take into account the c onditions prevailing at the time the 
decision to approve the application is taken and, w here possible, the period for which the 
Secretary of State anticipates that those condition s will continue. 
4l. The Secretary of State may extend the period du ring which a UK temporary 
amendment is to apply on one or more occasions if t he Secretary of State considers it is 
appropriate to do so having regard to the condition s prevailing at the time that decision is 
made. 
4m. After making a decision in relation to a UK tem porary amendment application, the 
Secretary of State must publish in such manner as a ppears appropriate to the Secretary of 
State from time to time: 
(a) a notice: 
 (i) informing the applicant, the original applican t (if different) and the public of the 
decision made in relation to the application and th e reasons for that decision, and 
 (ii) providing information about the right to appe al under Article 54a of Regulation 
(EU) No 1151/2012 and the period within which an ap peal may be made, and 
(b) where the application is approved, details of t he temporary amendment made to the 
product specification and the period during which t hose temporary amendments apply. 
4n. Where a UK temporary amendment application is a pproved and the period during 
which the temporary amendment is to apply is extend ed, the Secretary of State must, on 
each occasion that the period is extended, publish,  in such manner as appears appropriate to 
the Secretary of State from time to time, a notice informing the applicant, the original 
applicant (if different) and the public of the exte nsion of the period. 
4o. In this Article, ‘a UK temporary amendment appl ication’ means an application for a 
UK temporary amendment.”  
 159 PART 2 
New Annex 
“ANNEX 
Quality schemes symbols 
 
Quality scheme 
symbols (1) Protected 
designation of origin (2) Protected 
geographical 
indication (3) Traditional 
speciality 
guaranteed 
Part A 
Coloured 
 
  
  
Part B 
Black and white 
 
  
 ” 
 
 SCHEDULE 6 Regulation 23 
Commission Implementing Regulation (EU) No 668/2014 : new 
provisions 
PART 1 
Article 14: new paragraphs 3 to 3n and 4 to 6 
“3. Where the Secretary of State publishes a decisi on notice relating to a decision of the 
Secretary of State to approve an amendment to a pro duct specification for a designation of 
origin, geographical indication or traditional spec iality guaranteed that is not minor and the 
amendment includes a change that affects the inform ation recorded in the relevant register 
pursuant to paragraph 1 or 2, as relevant, the Secr etary of State must, as soon as possible 
after the notice period relating to the decision no tice has expired: 
(a) delete the original data and record the new dat a in the relevant register; 
(b) replace the copy of the product specification a ttached to the relevant register with a 
copy of the approved updated product specification.  
3a. The new data recorded in the relevant register pursuant to paragraph 3(a) and the 
provisions in the approved updated product specific ation attached to the relevant register 
pursuant to paragraph 3(b) take effect immediately after: 
(a) the new data relating to the designation of ori gin, geographical indication or traditional 
speciality guaranteed is recorded in the relevant r egister, and 
(b) the copy of the approved updated product specif ication for the designation of origin, 
geographical indication or traditional speciality g uaranteed is attached to the relevant 
register. 
3b. Where the Secretary of State publishes a decisi on notice relating to a decision of the 
Secretary of State to approve an amendment to a pro duct specification for a designation of 
origin, geographical indication or traditional spec iality guaranteed that is not minor and the 
amendment does not include a change that affects th e information recorded in the relevant  
 160 register pursuant to paragraph 1 or 2, as relevant,  the Secretary of State must replace the 
copy of the product specification attached to the r elevant register with a copy of the 
approved updated product specification as soon as p ossible after the notice period for the 
decision notice has expired. 
3c. The provisions in the approved updated product specification attached to the register 
pursuant to paragraph 3b take effect immediately af ter the approved updated product 
specification is attached to the relevant register.  
3d. Where the Secretary of State publishes a notice  under the fifth subparagraph of 
Article 6(2) of Delegated Regulation (EU) No 664/20 14 approving a change in the product 
specification for a designation of origin, geograph ical indication or traditional speciality 
guaranteed that is minor, the Secretary of State mu st replace the copy of the product 
specification attached to the relevant register wit h a copy of the approved updated product 
specification as soon as possible after the notice period for the notice has expired. 
3e. The provisions in the approved updated product specification attached to the register 
pursuant to paragraph 3d take effect immediately af ter the approved updated product 
specification is attached to the relevant register.  
3f. Where the Secretary of State publishes a notice  under Article 6(4m) of Delegated 
Regulation (EU) No 664/2014 relating to a UK tempor ary amendment to a product 
specification for a designation of origin, geograph ical indication or traditional speciality 
guaranteed, the Secretary of State must record an e ntry in the relevant register relating to 
the UK temporary amendment as soon as possible afte r that notice is published. 
3g. Based on the information given in the notice pu blished under Article 6(4m) of 
Delegated Regulation (EU) No 664/2014, the data con tained in the entry referred to in 
paragraph 3f must include the period during which t he UK temporary amendment is to 
apply. 
3h. Based on the information given in a notice publ ished under Article 6(4n) of 
Delegated Regulation (EU) No 664/2014, the period s tated in the relevant register pursuant 
to paragraph 3g as the period during which the UK t emporary amendment is to apply must 
be changed where the period is extended under Artic le 6(4l) of that Regulation. 
3i. The UK temporary amendment referred to in parag raph 3f takes effect immediately 
after the entry referred to in that paragraph (as r ead with paragraph 3g) is recorded in the 
register. From that time, the product specification  attached to the relevant register, as read 
with the UK temporary amendment, applies during the  period specified in the relevant 
register as the period during which the temporary a mendment is to apply. 
3j. The Secretary of State must remove an entry in Great Britain’s PDOs and PGIs 
Register or Great Britain’s TSG Register relating t o a UK temporary amendment as soon as 
possible after the period specified in the relevant  register pursuant to paragraph 3g (as read 
with paragraph 3h) has expired. 
3k. Where the Secretary of State publishes a notice  relating to a temporary amendment 
to a product specification for a designation of ori gin, geographical indication or traditional 
speciality guaranteed concerning a product originat ing in a third country under Article 
6(3b) of Delegated Regulation (EU) No 664/2014 (‘a third country temporary 
amendment’), the Secretary of State must record an entry in the relevant register relating to 
the third country temporary amendment as soon as po ssible after publishing that notice. 
3l. Based on the information given in the notice pu blished under Article 6(3b) of 
Delegated Regulation (EU) No 664/2014, the data con tained in the entry referred to in 
paragraph 3k must include the period during which t he third country temporary amendment 
is to apply. 
3m. The third country temporary amendment referred to in paragraph 3k takes effect 
immediately after the entry referred to in paragrap h 3k is recorded in the relevant register.  
 161 From that time, the product specification attached to the register, as read with the third 
country temporary amendment, applies during the per iod specified in the register pursuant 
to paragraph 3l. 
3n. The Secretary of State must remove an entry in Great Britain’s PDOs and PGIs 
Register or Great Britain’s TSG Register relating t o a third country temporary amendment 
as soon as possible after the period specified in t he relevant register pursuant to paragraph 
3l has expired. 
4. Where the Secretary of State publishes a decisio n notice relating to a decision of the 
Secretary of State to cancel a protected designatio n of origin, protected geographical 
indication or traditional speciality guaranteed, th e Secretary of State must delete the entry 
relating to the designation of origin, geographical  indication or traditional speciality 
guaranteed in the relevant register as soon as poss ible after the notice period has expired. 
The cancellation takes effect immediately after the  entry in the relevant register is deleted 
from the register. 
5. In this Article: 
(a) ‘decision notice’: 
 (i) in paragraph 3 and 3b means a notice published  under Article 52(4) of Regulation 
(EU) No 1151/2012 as it applies to an application f or an amendment to a product 
specification that is not minor by virtue of the fi rst subparagraph of Article 53(2) 
of Regulation (EU) No 1151/2012; 
 (ii) in paragraph 4 means a notice published under  Article 52(4) of Regulation (EU) 
No 1151/2012 as it applies to cancellations by virt ue of Article 7(1) of Delegated 
Regulation (EU) No 664/2014; 
(b) ‘Great Britain’s TSGs Register’ means the regis ter established and maintained by the 
Secretary of State under Article 22(1) of Regulatio n (EU) No 1151/2012; 
(c) in relation to a notice referred to in this Art icle, ‘notice period’ means the period of 20 
days from the day on which the relevant notice is p ublished by the Secretary of State, 
beginning with the day on which the notice is publi shed. 
6. In this Article a reference to ‘the information recorded in the relevant register 
pursuant to paragraph 1 or 2’ means the information  recorded in Great Britain’s PDOs and 
PGIs Register pursuant to paragraph 1 or Great Brit ain’s TSG Register pursuant to 
paragraph 2, as relevant, or, where that informatio n has been amended, that information as 
amended from time to time.” 
PART 2 
New Articles 14a and 14b 
 
“Article 14a 
Register: established protected designations of ori gin and established protected 
geographical indications 
1. The Secretary of State must include the relevant  data for each established protected 
designation of origin and established protected geo graphical indication in Great Britain’s 
PDOs and PGIs Register. 
2. The Secretary of State must include the relevant  data referred to in paragraph 1 in 
Great Britain’s PDOs and PGIs Register at the time the register is established by the 
Secretary of State under Article 11 of Regulation ( EU) No 1151/2012 or as soon as possible 
after the register has been established by the Secr etary of State. 
 
  
 162 3. The Secretary of State must use the Secretary of  State’s best endeavours in relation 
to each established protected designation of origin  and established protected geographical 
indication to obtain a copy of the EU product speci fication for the corresponding EU 
designation of origin or corresponding EU geographi cal indication, and attach that 
document to Great Britain’s PDOs and PGIs Register.  
4. Where the EU product specification for a corresp onding EU designation of origin or 
corresponding EU geographical indication is in a fo reign language the Secretary of State 
must attach an English language translation of that  product specification to the register 
instead of the foreign language version of the prod uct specification. 
5. The Secretary of State must attach the product s pecification referred to in paragraph 
3 (as read with paragraph 4) to Great Britain’s PDO s and PGIs Register at the time when 
the register is established by the Secretary of Sta te under Article 11 of Regulation (EU) No 
1151/2012 or as soon as possible after the register  has been established by the Secretary of 
State. 
6. The EU product specification attached to Great B ritain’s PDOs and PGIs Register 
pursuant to paragraph 3 (as read with paragraph 4) must be treated as the product 
specification for the relevant established protecte d designation of origin or established 
protected geographical indication for the purposes of the relevant legislation relating to the 
GB agri-food scheme. 
7. Paragraph 6 does not prevent a product specifica tion attached to Great Britain’s 
PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) and treated as a 
product specification for an established protected designation of origin or established 
protected geographical indication by virtue of para graph 6 from being amended under 
Article 53 of Regulation (EU) No 1151/2012. 
8. Where paragraph 9 applies, the Secretary of Stat e may, in relation to an established 
protected designation of origin or established prot ected geographical indication, attach a 
copy of an EU single document for the corresponding  EU designation of origin or 
corresponding EU geographical indication to the reg ister. 
9. This paragraph applies if, in relation to an est ablished protected designation of origin 
or established protected geographical indication, t he Secretary of State is unable to obtain a 
copy of the EU product specification for the corres ponding EU designation of origin or 
corresponding EU geographical indication within thr ee years beginning with the day after 
the day on which IP completion day falls. 
10. Where the Secretary of State decides to attach an EU single document for a 
corresponding EU designation of origin or correspon ding EU geographical indication to 
Great Britain’s PDOs and PGIs Register under paragr aph 8 and that EU single document is 
in a foreign language, the Secretary of State must attach an English language translation of 
that single document to the register instead of the  foreign language version of that 
document. 
11. The copy of the EU single document attached to the register pursuant to paragraph 8 
(as read with paragraph 10) is to be treated as the  product specification for the relevant 
established protected designation of origin or esta blished protected geographical indication 
for the purposes of the relevant legislation relati ng to the GB agri-food scheme.  
 163 12. Paragraph 11 does not prevent a single document  attached to Great Britain’s PDOs 
and PGIs Register pursuant to paragraph 8 (as read with paragraph 10) and treated as a 
product specification for an established protected designation of origin or established 
protected geographical indication by virtue of para graph 11 from being amended under 
Article 53 of Regulation (EU) No 1151/2012. 
13. In this Article: 
(a) ‘the corresponding EU designation of origin’, i n relation to an established protected 
designation of origin, means the designation of ori gin that was protected in the 
European Union under EU Regulation 1151/2012 immedi ately before IP completion 
day that corresponds to the established protected d esignation of origin; 
(b) ‘the corresponding EU geographical indication’ in relation to an established protected 
geographical indication means the geographical indi cation that was protected in the 
European Union under EU Regulation 1151/2012 immedi ately before IP completion 
day that corresponds to the established protected g eographical indication; 
(c) ‘established protected designation of origin’ h as the meaning given in Article 3(18) of 
Regulation (EU) No 1151/2012; 
(d) ‘established protected geographical indication’  has the meaning given in Article 3(19) 
of Regulation (EU) No 1151/2012; 
(e) ‘the relevant data’, in relation to an establis hed protected designation of origin or 
established protected geographical indication, mean s the data specified in Article 
14(1)(a), (b), (d) and (e) of EU Regulation 668/201 4 that was recorded in the European 
Union’s PDOs and PGIs Register immediately before I P completion day for the 
corresponding EU designation of origin or correspon ding EU geographical indication; 
(f) ‘the relevant legislation relating to the GB ag ri-food scheme’ means: 
 (i) Regulation (EU) No 1151/2012, 
 (ii) Delegated Regulation (EU) No 664/2014, and 
 (iii) this Regulation. 
14. In this Article any reference to: 
(a) the EU product specification for a correspondin g EU designation of origin or 
corresponding EU geographical indication is to be r ead as a reference to the product 
specification for the corresponding EU designation of origin or corresponding EU 
geographical indication as that product specificati on stood immediately before IP 
completion day; 
(b) the EU single document for a corresponding EU d esignation of origin or corresponding 
EU geographical indication is to be read as a refer ence to the single document for the 
corresponding EU designation of origin or correspon ding EU geographical indication 
as that single document stood immediately before IP  completion day. 
 
Article 14b 
Register: established protected traditional special ities guaranteed 
1. The Secretary of State must include the relevant  data for each established protected 
traditional speciality guaranteed in the register e stablished by the Secretary of State 
pursuant to Article 22 of Regulation (EU) No 1151/2 012 at the time when the register is 
established by the Secretary of State pursuant to t hat Article or as soon as possible after the 
register has been established by the Secretary of S tate.  
 164 2. In this Article: 
(a) ‘the corresponding EU traditional speciality gu aranteed’, in relation to an established 
protected traditional speciality guaranteed, means the traditional speciality guaranteed 
that was protected in the European Union under EU R egulation 1151/2012 
immediately before IP completion day that correspon ds to the established protected 
traditional speciality guaranteed; 
(b) ‘established protected traditional speciality g uaranteed’ has the meaning given in 
Article 3(20) of Regulation (EU) No 1151/2012; 
(c) ‘the relevant data’, in relation to an establis hed protected traditional speciality 
guaranteed, means the data specified in Article 14( 2)(a) and (b) and (d) to (f) of EU 
Regulation 668/2014 that was recorded in the Europe an Union’s TSGs Register 
immediately before IP completion day for the corres ponding EU traditional speciality 
guaranteed; 
(d) ‘the European Commission’s TSGs Register’ means  the register maintained by the 
European Commission pursuant to Article 22 of EU Re gulation 1151/2012.” 
 SCHEDULE 7 Regulation 24 
Commission Delegated Regulation (EU) 2018/273: new provisions 
PART 1 
Annex 6, Part 2, Section A: new template for the wi ne export certificate referred to in 
Article 12(1)(b) 
 
 
 
“  
GREAT BRITAIN  
 WINE EXPORT CERTIFICATE   
  
For wines exported from Great Britain to … 
This is a multi-purpose certificate, established in  accordance with Article 12 of 
Delegated Regulation (EU) 2018/273 (as incorporated  into the law of Great Britain by 
the European Union (Withdrawal) Act 2018), as amend ed, for use as: 
Certificate of Origin, Certificate of Health and Ce rtificate of Authenticity 
  
  
2. Consignor: 
 
 
 
2a. Identification: 
  
A. Exporter: 
 
 
 
Aa. Identification:  
 
  
 165  
 
3. Place of dispatch: 
 
  
A1. Premises: 
 
5. Identity of means of transport (nature): 
 
  
6. Reference:  
 
B. Importer: 
 
  
Ba. Place of delivery: 
 
 
 
17p. Description: 
 
 
 
  
17df. Quantity (Litres):   
Details:  
 
17l. Certification:  
I, undersigned, responsible for these products for export, certify the following information:  
– the products listed above were produced and bottl ed in Great Britain/in 
…………………... 
– all the products comply with the provisions gover ning the production and release of 
products for direct human consumption under the law  in Great Britain;  
– the products were produced by normal and approved  methods of production and not 
specifically for the purpose of export and the prod ucts are authentic and are fit for human 
consumption in Great Britain;  
– the products listed above were produced and bottl ed in compliance with the law in the 
Great Britain as wines with: 
 protected designation of origin (PDO) or protected geographical indication (PGI) 
registered in Great Britain’s PDOs and PGIs Registe r for wine established and maintained 
in Great Britain in accordance with Article 104 of Regulation (EU) No 1308/2013  (as 
incorporated into the law of Great Britain  by the European Union (Withdrawal) Act 
2018), as amended, (‘Regulation (EU) No 1308/2013’) ; 
 
 indication of the vintage year in accordance with t he rules provided for in Article 120 
of Regulation (EU) No 1308/2013;  
 
 indication of the wine grape variety(ies) (‘varieta l wines’) in accordance with the 
rules provided for in Articles 81 and 120 of Regula tion (EU) No 1308/2013 .  
 
Complementary certification (optional) 
 
  
 166  
  
10. The control authorities confirm that the consig nor of the wine products described 
in this certificate is registered by and attached t o ............................ with the obligation 
that all wine products must be registered and subje ct to supervision and inspection by 
the competent authorities. 
  
  
18. Signature:                       
 
 
Name and title: 
 
 
 
  
Date:  
18a. Unique administrative reference 
assigned by the competent authorities: 
 
 
(Article 11(4) of Delegated Regulation 
(EU) 2018/273) 
ARC  
  
The consignor or representative certifying the abov e information  
(Article 12(2) of Delegated Regulation (EU) 2018/27 3): 
 
  ” 
 
PART 2 
Annex 7: new Parts 1 and 2 
“PART 1 
Specimen of the VI-1 document referred to in Articl e 22 
 
 
 
1. Exporter (name and address)   
THIRD COUNTRY OF ISSUE: 
 
 
VI 1  Serial No  
 
DOCUMENT FOR THE IMPORT OF 
WINE, GRAPE JUICE OR GRAPE MUST 
INTO GREAT BRITAIN 
 
 
2. Consignee (name and address) 
 
 
  
3. Customs stamp (for official use only) 
 
 
4. Means of transport and transport details 
 
 
  
5. Place of unloading (if different from 2) 
 
  
 167  
 
 
6. Description of the imported product 
  
7. Quantity in l/hl/kg (1) 
 
  
8. Number of containers 
 
 
9. CERTIFICATE  
The product described above (2)   is/  is not intended for direct human consumption, 
complies with the definitions or categories of grap evine products that apply in Great Britain 
and has been produced using oenological practices (2)   recommended and published by 
the OIV/  authorised for use in Great Britain. 
 
Full name and address of the competent 
body: 
 Place and date:  
Stamp: 
 Signature, name and title of the official: 
 
 
10. ANALYSIS REPORT (describing the analytical char acteristics of the product described 
above) 
 
 
FOR GRAPE MUST AND GRAPE JUICE 
 
— Density: 
 
 
FOR WINE AND GRAPE MUST STILL IN FERMENTATION 
 
— Total alcoholic strength:  
— Actual alcoholic strength: 
 
 
FOR ALL PRODUCTS 
 
— Total dry extract: — Total sulphur dioxide: 
 
— Total acidity:   
— Volatile acidity:   
— Citric acidity: 
 
 
Full name and address of the designated body or dep artment (laboratory) 
 
 
 
  
 168  
 
Stamp:   
Place and date: 
 
 
  
Signature, name and title of official: 
 
 
 
(1)  Delete as appropriate. 
(2)   Put an ‘X’ in the appropriate box.  
 
 
Attribution (entry into free circulation and issue of extracts)  
 
 
Quantity  
11.  
No and date of the 
customs document 
of release into free 
circulation and of 
the extract  
12.  
Full name and 
address of 
consignee 
(extract)  
13.  
Stamp of the 
competent 
authority 
 
Available 
       
 
Attributed 
       
 
Available 
       
 
Attributed 
       
 
Available 
       
 
Attributed 
       
 
Available 
       
 
Attributed 
       
 
14. Other remarks 
 
 
 
 
 
  
 169 PART 2 
Specimen of the VI-2 document referred to in Articl e 22 
 
 
GREAT BRITAIN  
 
1. Consignor (name and address) 
 
  
VI 2  
Serial No 
 EXTRACT OF A DOCUMENT FOR THE 
IMPORT OF WINE, GRAPE JUICE OR 
GRAPE MUST INTO GREAT BRITAIN 
 
2. Consignee (name and address) 
 
 
  
 
 
3. Extract VI 1 document 
 
  
4. Extract of VI 2 extract 
No No 
 
Issued by (name of third country): 
 
  
Stamped by (full name and address of the 
customs office within Great Britain): 
 
On: 
 
 On: 
 
5. Description of the imported product  
6. Quantity in l/hl/kg (1)  
 
 
7. Number of containers 
 
 
8. CONSIGNOR’S DECLARATION (2)  
The VI 1 document referred to in box 3  /The extract referred to in box 4  was completed 
in respect of the product described above and compr ises: 
 a CERTIFICATE to the effect that the product descr ibed above  is/  is not intended for 
direct human consumption, complies with the definit ions or categories of grapevine products 
that apply in Great Britain and has been produced u sing oenological practices (2)  
recommended and published by the OIV/  authorised for use in Great Britain. 
 an ANALYSIS REPORT showing that the product has th e following analytical 
characteristics: 
 
FOR GRAPE MUST AND GRAPE JUICE 
— Density: 
 
  
 170  
FOR WINE AND GRAPE MUST STILL IN FERMENTATION  
 
— Total alcoholic strength: 
  
— Actual alcoholic strength: 
 
 
FOR ALL PRODUCTS 
 
— Total dry extract: — Total sulphur dioxide: 
   
— Total acidity: 
 — Volatile acidity: — Citric acidity: 
 
 
 an ENDORSEMENT (2)  from the competent authority certifying that: 
 
— the wine covered by this document is certified as  having been produced in the wine-
growing region and was given the geographical indic ation shown in box 5 in accordance with 
the provisions of the country of origin. 
 
— the alcohol added to this wine is certified as be ing wine alcohol. 
 
  Signature: 
 
 
 
 
9. CUSTOMS 
   
Declaration certified as true 
Place and date: 
 
 Stamp: Full name and address of the 
customs office concerned: 
 
 
 
 
 
Signature: 
 
 
 
   
(1)  Delete as appropriate. 
(2)  Put an ‘X’ in the appropriate box. 
  
 171  
Attribution (entry into free circulation and issue of extracts)  
 
 
Quantity   
10.  
No and date of 
the customs 
document of 
release into free 
circulation and of 
the extract  
11.  
Full name 
and address 
of consignee 
(extract)  
12.  
Stamp of the 
competent 
authority 
  
  
Available 
        
  
Attributed 
        
  
Available 
        
  
Attributed 
        
  
Available 
        
  
Attributed 
        
  
Available 
        
  
Attributed 
        
  
13. Other remarks 
 
 
  ” 
 
 SCHEDULE 8 Regulation 26 
Commission Delegated Regulation (EU) 2019/33: new p rovisions 
PART 1 
New Articles 1a and 1b 
 
“Article 1a 
Definitions 
In this Regulation: 
(a) ‘the 1990 Act’ means the Food Safety Act 1990;  
 172 (b) ‘the EUWA’ means the European Union (Withdrawal ) Act 2018; 
(c) ‘Regulation 607/2009’ means Commission Regulati on (EC) No 607/2009 laying down 
certain detailed rules for the implementation of Co uncil Regulation (EC) No 479/2008 
as regards protected designations of origin and geo graphical indications, traditional 
terms, labelling and presentation of certain wine s ector products; 
(d) ‘EU Regulation 2019/33’ means Commission Delega ted Regulation (EU) 2019/33 
supplementing Regulation (EU) No 1308/2013 of the E uropean Parliament and of the 
Council as regards applications for protection of d esignations of origin, geographical 
indications and traditional terms in the wine secto r, the objection procedure, 
restrictions of use, amendments to product specific ations, cancellation of protection, 
and labelling and presentation as it had effect bef ore IP completion day; 
(e) ‘the appropriate authority’ means: 
 (i) in relation to England, the Secretary of State ; 
 (ii) in relation to Scotland, the Scottish Ministe rs; 
 (iii) in relation to Wales, the Welsh Ministers; 
(f) ‘an Article 115(2) approval notice’ means a not ice published under the second 
subparagraph of Article 115(2) of Regulation (EU) N o 1308/2013 relating to a decision 
of the Secretary of State to approve an application  to protect a traditional term; 
(g) ‘constituent nation’ means England, Northern Ir eland, Scotland or Wales as the case 
may be; 
(h) ‘country’, in relation to the United Kingdom, m eans the United Kingdom as a whole 
and does not mean an individual constituent nation forming part of the United 
Kingdom; 
(i) ‘enters into force’, in relation to a reference  to an international agreement, includes, 
where the provisional application of that agreement  is agreed between the parties 
before it enters into force, the provisional applic ation of the agreement and ‘entry into 
force’ is to be construed accordingly; 
(j) ‘established protected traditional terms’ means  traditional terms within the meaning of 
Article 112 of Regulation (EU) No 1308/2013 to whic h Article 54(2) of the EU 
withdrawal agreement applies; 
(k) ‘EUIA’ means an international agreement made be tween the European Union and a 
third country that provides for the protection of a  traditional term used in the third 
country in the European Union; 
(l) ‘FTT’ means the First-tier Tribunal; 
(m) ‘Great Britain’s Traditional Terms Register’ me an the register referred to in Article 25 
of Implementing Regulation (EU) 2019/34; 
(n) ‘the original applicant’, in a case where an ap peal has been made in respect of a 
decision made by the Secretary of State in relation  to a traditional term following the 
submission of an application under Article 21 of Im plementing Regulation (EU) 
2019/34 or Article 34 of this Regulation, or a requ est made under Article 35 of this 
Regulation, means the person who submitted the appl ication or request; 
(o) ‘the original (protection) applicant’, in relat ion to a traditional term protected under 
Article 113 of Regulation (EU) No 1308/2013 followi ng the approval of an application 
submitted to the Secretary of State under Article 2 1 of Implementing Regulation (EU) 
2019/34, means the person who submitted that applic ation; 
(p) ‘the relevant period’ means the period beginnin g on IP completion day and expiring at 
the end of the day that falls nine months after the  day on which IP completion day 
falls; 
(q) ‘third country’ means a country, other than the  United Kingdom, and, except in the 
definition of ‘EUIA’ in point (k) of this Article a nd in Annex A1, includes: 
 (i) the Bailiwick of Guernsey;  
 173  (ii) the Bailiwick of Jersey; 
 (iii) the Isle of Man; 
(r) ‘third country standard amendment’ has the mean ing given by Article 14(2c); 
(s) ‘third country temporary amendment’ has the mea ning given by Article 14(2d); 
(t) ‘the TMA’ means the Trade Marks Act 1994; 
(u) ‘the Types Table’ means the table in Part C of Annex A1; 
(v) ‘UK standard amendment’ has the meaning given b y Article 14(2a); 
(w) ‘UK temporary amendment’ has the meaning given by Article 14(2b). 
 
Article 1b 
Definitions: types of traditional term 
In Article 32a and Annex A1 any reference to: 
(a) ‘a type 1 traditional term’ means a traditional  term of a type described in column 2 of 
row 1 of the Types Table; 
(b) ‘a type 2A traditional term’ means a traditiona l term of the type described in column 2 
of row 2 of the Types Table to which paragraph 1 or  2 in column 3 of that row applies; 
(c) ‘a type 2B traditional term’ means a traditiona l term of the type described in column 2 
of row 2 of the Types Table to which the provisions  in column 4 of that row apply; 
(d) ‘a type 3A traditional term’ means a traditiona l term of the type described in column 2 
of row 3 of the Types Table to which paragraph 1 or  2 in column 3 of that row applies; 
(e) ‘a type 3B traditional term’ means a traditiona l term of the type described in column 2 
of row 3 of the Types Table to which the provisions  in column 4 of that row apply; 
(f) ‘a type 4A traditional term’ means a traditiona l term of the type described in column 2 
of row 4 of the Types Table to which paragraph 1 or  2 in column 3 of row 3 of that 
table applies; 
(g) ‘a type 4B traditional term’ means a traditiona l term of the type described in column 2 
of row 4 of the Types Table to which the provisions  in column 4 of row 3 of that table 
apply; 
(h) ‘a type 5A traditional term’ means a traditiona l term of the type described in column 2 
of row 5 of the Types Table to which paragraph 1 or  2 in column 3 of row 3 of that 
table applies; 
(i) ‘a type 5B traditional term’ means a traditiona l term of the type described in column 2 
of row 5 of the Types Table to which the provisions  in column 4 of row 3 of that table 
apply.” 
PART 2 
Article 18: new paragraphs 1 to 1n 
“1. Paragraphs 1a to 1n apply to an application for  a UK temporary amendment to a 
product specification for a protected designation o f origin or protected geographical 
indication (‘a UK temporary amendment application’) . 
1a. A UK temporary amendment application must be ma de to the Secretary of State. 
1b. The procedures laid down in Articles 94 and 97 to 99 of Regulation (EU) No 
1308/2013 do not apply to a UK temporary amendment application. 
1c. A UK temporary amendment application may be mad e by a group of producers 
having a legitimate interest in the relevant protec ted designation of origin or protected 
geographical indication unless the application to r egister the designation of origin or  
 174 geographical indication was made by a single applic ant, in which case the temporary 
amendment application may be made by that person. 
1d. If a UK temporary amendment application is not made by the original (protection) 
applicant, the Secretary of State must give the ori ginal (protection) applicant the 
opportunity to make comments on the application if that applicant still exists. 
1e. A UK temporary amendment application must: 
(a) describe the amendment applied for, 
(b) be accompanied by a copy of the product specifi cation and, where relevant, the single 
document, showing the proposed temporary amendment,  
(c) compare for each amendment: 
 (i) the original product specification against the  proposed modified product 
specification, and 
 (ii) where relevant, the original single document against the proposed modified single 
document, 
(d) provide an explanation of why the temporary ame ndment is needed, and 
(e) provide an estimate, where this is possible, of  how long it is anticipated that the 
temporary amendment will be needed for. 
1f. A UK temporary amendment application that does not comply with paragraph 1e is 
inadmissible. 
1g. Where a UK temporary amendment application is i nadmissible, the Secretary of 
State must inform the applicant that the applicatio n is inadmissible as soon as reasonably 
practicable after receiving the application. 
1h. The Secretary of State may approve a UK tempora ry amendment application if the 
Secretary of State considers that a temporary amend ment to the product specification is 
appropriate. 
1i. Where a UK temporary amendment application is a pproved, the Secretary of State 
must specify the period during which the temporary amendment is to apply. 
1j. The period during which an approved temporary a mendment is to apply may be 
specified by reference to a set period of time or m ay be specified by reference to the 
happening of a specified event. 
1k. The Secretary of State, in deciding the period for which an approved temporary 
amendment is to apply, must take into account the c onditions prevailing at the time the 
decision to approve the application is taken and, w here possible, the period for which the 
Secretary of State anticipates that those condition s will continue. 
1l. The Secretary of State may, on an application b y a group of producers or single 
applicant who made a UK temporary amendment applica tion under paragraph 1a, as read 
with paragraph 1c, extend the period during which a  relevant approved temporary 
amendment is to apply on one or more occasions if t he Secretary of State considers that it is 
appropriate to do so having regard to the condition s prevailing at the time that decision is 
made. 
1m. After making a decision on a UK temporary amend ment application, the Secretary of 
State must publish in such manner as appears approp riate to the Secretary of State from 
time to time: 
(a) a notice: 
 (i) informing the applicant, the original (protect ion) applicant (if different) and the 
public of the decision made in relation to the appl ication and the reasons for that 
decision, and  
 175  (ii) providing information about the right to appe al under Article 39a against the 
decision and the period within which an appeal may be made, and 
(b) where the application is approved, details of t he approved temporary amendment and 
the period during which that temporary amendment is  to apply. 
1n. Where a UK temporary amendment application is a pproved and the period during 
which the temporary amendment is to apply is extend ed, the Secretary of State must, on 
each occasion the period is extended, publish, in s uch manner as appears appropriate to the 
Secretary of State from time to time, a notice info rming the applicant, the original 
(protection) applicant (if different) and the publi c that the period has been extended and the 
reasons for that decision and specifying the extend ed period during which the temporary 
amendment is to apply.” 
PART 3 
New Articles 32a and 32b 
“Article 32a 
Transitional provision: relationship with trade mar ks 
1. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where, if the trade mark is registered, the use of the trade mark will not respect the 
definition in Article 112 of Regulation (EU) No 130 8/2013 and the conditions of use in 
Article 113 of that Regulation in relation to a cat egory A traditional term. 
2. Unless paragraph 4 applies, an application to re gister a trade mark that was pending 
immediately before IP completion day or filed durin g the relevant period must be refused 
where: 
(a) if the trade mark is registered, the use of the  trade mark will not respect the definition 
in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 
of that Regulation in relation to a category B trad itional term, and 
(b) after the application for the trade mark is acc epted but before the trade mark is 
registered: 
 (i) in the case of a type 2B traditional term: 
(aa) the international agreement referred to in par agraph (c) of column 2 of 
row 2 of the Types Table enters into force, and 
(bb) the entry into force of the international agre ement is brought to the 
attention of the registrar before the trade mark is  registered; 
 (ii) in the case of any other category B tradition al term: 
(aa) the Secretary of State publishes an Article 11 5(2) approval notice 
relating to the traditional term, and 
(bb) the Article 115(2) approval notice is brought to the attention of the 
registrar before the trade mark is registered. 
3. Where an application for a declaration of invali dity is made under the TMA (as 
applied by Article 32b(1) and modified by Article 3 2b(2)) in relation to the registration of a 
trade mark, the registration of the trade mark must  be declared to be invalid, unless 
paragraph 4 applies, if: 
(a) the application to register the trade mark was pending immediately before IP 
completion day or filed during the relevant period,  
(b) the use of the trade mark does not, or will not , if used, respect the definition in Article 
112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 of that 
Regulation in relation to a category B traditional term, and  
 176 (c) in the case of a type 3B, 4B or 5B traditional term, the Secretary of State publishes an 
Article 115(2) approval notice relating to the trad itional term on or after the day on 
which the trade mark application is accepted. 
4. This paragraph applies where a column 5 date app lies in relation to a category A or 
B traditional term and, taking account of any prior ity claimed in respect of an application to 
register the trade mark referred to in paragraph 1,  2 or 3(a) (as relevant) and on the basis of 
the information available to the registrar, it appe ars to the registrar that the date of filing of 
the trade mark application is earlier than the colu mn 5 date that applies to the relevant 
traditional term. 
5. As regards paragraphs 1 and 2, a column 5 date d oes not apply in relation to a type 
2A, 3A or 4A traditional term where the EUIA referr ed to in paragraph (b) in column 2 of 
the row of the Types Table relating to the traditio nal term provides that an application for a 
trade mark must be refused, regardless of when that  application is filed, if the trade mark, if 
registered, will contravene a provision in the EUIA  providing for the protection of the use 
of the traditional term. 
6. As regards paragraph 3, a column 5 date does not  apply in relation to a type 2B, 3B 
or 4B traditional term where the EUIA referred to i n paragraph (b) in column 2 of the row 
of the Types Table relating to the traditional term  provides that the registration of a trade 
mark must be invalidated if, regardless of when the  application that resulted in the 
registration of the trade mark is filed, the use of  the trade mark contravenes a provision in 
the EUIA providing for the protection of the use of  the traditional term. 
7. Where a traditional term falls within the defini tion of more than one type of 
traditional term in Article 1b, the column 5 date t o be taken into account for the purpose of 
paragraph 4 is the earliest of the column 5 dates f or the relevant types of traditional term. 
8. In a case of a category A or B traditional term that is not on Great Britain’s 
Traditional Terms Register at the time an assessmen t is carried out under paragraph 1, 2 or 
3, the traditional term is to be treated, for the p urpose of the assessment, as being a 
protected traditional term in determining whether t he use of the trade mark will contravene 
Article 113 in relation to that traditional term. 
9. A trade mark that could be used under Article 32 (3) of EU Regulation 2019/33 in the 
United Kingdom immediately before IP completion day  may continue to be used in Great 
Britain on and after IP completion day: 
(a) notwithstanding that the use of the trade mark would not respect the definition in 
Article 112 of Regulation (EU) No 1308/2013 and con ditions of use in Article 113 of 
that Regulation in relation to a traditional term r egistered by the Secretary of State 
under this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
10. Nothing in this Regulation prevents a trade mar k that could be renewed in the United 
Kingdom pursuant to Article 32(3) of EU Regulation 2019/33 immediately before IP 
completion day from being renewed after IP completi on day: 
(a) notwithstanding that the use of the renewed tra de mark would not respect the definition 
in Article 112 of Regulation (EU) No 1308/2013 and conditions of use in Article 113 
of that Regulation in relation to a traditional ter m registered by the Secretary of State 
under this Regulation; 
(b) provided that no grounds for the invalidation o r revocation of the trade mark exist in, 
or under, the TMA. 
11. Where paragraph 9 or 10 applies to the use or r enewal of a trade mark, this does not 
affect the use of:  
 177 (a) an established protected traditional term enter ed on Great Britain’s Traditional Terms 
Register pursuant to Article 39; 
(b) a traditional term entered on Great Britain’s T raditional Terms Register by the 
Secretary of State following a decision by the Secr etary of State to approve an 
application to protect the traditional term submitt ed under Article 21 of Implementing 
Regulation (EU) 2019/34; 
(c) a traditional term entered on Great Britain’s T raditional Terms Register by the 
Secretary of State under Article 25(3) of Implement ing Regulation (EU) 2019/34. 
12. In this Article: 
(a) ‘an application to register a trade mark’ means  an application to register a trade mark 
filed under the TMA; 
(b) ‘a category A traditional term’ means a type 1,  2A, 3A, 4A or 5A traditional term; 
(c) ‘a category B traditional term’ means a type 2B , 3B, 4B or 5B traditional term; 
(d) ‘column 5 date’, in relation to a traditional t erm that is a category A or B traditional 
term, means the date specified, or provided for, in  column 5 of the Types Table in the 
row relating to the relevant type of traditional te rm; 
(e) ‘date of filing’: 
 (i) in the case of an EUTM-based trade mark applic ation, means the filing date 
referred to in paragraph 25(2)(a)(i) of Schedule 2A  to the TMA for the existing 
EUTM application; 
 (ii) in the case of an ITM-based trade mark applic ation, means: 
(aa) in the case of an application for the registra tion of a trade mark to 
which paragraph 28 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 28(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
(bb) in the case of an application for the registra tion of a trade mark to 
which paragraph 29 of Schedule 2B to the TMA applie s, the date 
referred to in paragraph 29(2)(a) of that Schedule for the existing ITM 
application or existing request for EU extension (a s the case may be); 
 (iii) in any other case, has the meaning given by section 33 of the TMA; 
(f) ‘EUTM-based trade mark application’ means an ap plication to register a trade mark to 
which paragraph 25(1) of Schedule 2A to the TMA app lies that is made within the 
period specified in paragraph 25(2) of that Schedul e; 
(g) ‘existing EUTM application’ has the same meanin g as in paragraph 24 of Schedule 2A 
to the TMA; 
(h) ‘existing ITM application’ has the same meaning  as in paragraph 27(1)(a) of Schedule 
2B to the TMA; 
(i) ‘existing request for EU extension’ has the sam e meaning as in paragraph 27(1)(b) of 
Schedule 2B to the TMA; 
(j) ‘ITM-based trade mark application’ means an app lication to register a trade mark to 
which paragraph 28(1) or 29(1) of Schedule 2B to th e TMA applies that is made within 
the period specified in paragraph 28(1)(c) or 29(1) (c) (as the case may be) of that 
Schedule; 
(k) ‘the registrar’ has the meaning given by sectio n 62 of the TMA. 
13. Any reference in this Article to: 
(a) ‘priority claimed in respect of an application’ : 
 (i) in the case of an EUTM-based trade mark applic ation, means any priority claimed 
in respect of the existing EUTM application referre d to in paragraph 25(2)(a)(ii) 
of Schedule 2A to the TMA;  
 178  (ii) in the case of an ITM-based trade mark applic ation, means any priority claimed in 
respect of the existing ITM application or the exis ting request for EU extension 
referred to in paragraph 28(2)(b) or 29(2)(b) (as t he case may be) of Schedule 2B 
to the TMA; 
 (iii) in any other case, means any priority claime d in respect of the application 
pursuant to section 35 of the TMA; 
(b) an application to register a trade mark that wa s ‘pending immediately before IP 
completion day’ is a reference to an application th at was neither refused, nor resulted 
in the registration of the trade mark that is the s ubject of the application, before IP 
completion day; 
(c) a trade mark includes a reference to: 
 (i) a collective mark as defined in section 49(1) of the TMA; 
 (ii) a certification mark as defined in section 50 (1) of the TMA. 
 
Article 32b 
Application and modification of trade mark provisio ns 
1. For the purpose of Article 32a, the following pr ovisions of the TMA apply, with the 
modifications, in the case of sections 47(3) and (5 ), 74(1), 76(1) and 77(1), specified in 
paragraph 2: 
(a) subsections (3) to (5) and (6) of section 47 (i nvalidation of trade marks) in relation to 
an application to invalidate a trade mark referred to in Article 32a(3); 
(b) section 72 (registration to be prima face evide nce of validity); 
(c) section 73 (certificate of validity of conteste d application); 
(d) section 74 (registrar’s appearance in proceedin gs involving the register of trade 
marks); 
(e) section 75 (definition of ‘the court’); 
(f) section 76 (appeals) except for subsection (5);  
(g) section 77(1) (persons appointed to hear and de termine appeals). 
2. The modifications are: 
(a) section 47 applies as if: 
 (i) in subsection (3), in the words before paragra ph (a), after ‘invalidity’ there were 
inserted ‘made under this section, as applied by Ar ticle 32b(1) of Commission 
Delegated Regulation (EU) 2019/33 supplementing Reg ulation (EU) No 
1308/2013 of the European Parliament and of the Cou ncil as regards applications 
for protection of designations of origin, geographi cal indications and traditional 
terms in the wine sector, the objection procedure, restrictions of use, amendments 
to product specifications, cancellation of protecti on, and labelling and 
presentation,’; 
 (ii) in subsection (5), for ‘grounds of invalidity ’ there were substituted ‘ground for 
invalidity specified in Article 32a(3) of Commissio n Delegated Regulation (EU) 
2019/33 exists’; 
(b) section 74(1) applies as if, for the words from  ‘for’ to ‘the registrar’ there were 
substituted ‘for a declaration of the invalidity of  the registration of a trade mark, the 
registrar’; 
(c) section 76(1) applies as if: 
 (i) in the first paragraph, for the words from ‘un der’ to the end there were substituted 
‘made under Article 32a(3) of Commission Delegated Regulation (EU) 2019/33’; 
 (ii) the second paragraph were omitted;  
 179 (d) section 77(1) applies as if, at the end there w ere inserted ‘as applied by Article 32b(1) 
of Commission Delegated Regulation (EU) 2019/33’. 
3. In the case of the following proceedings, the ru les made under section 68 or 69 of the 
TMA apply to those proceedings as they apply to pro ceedings involving an application of 
the type referred to in section 74(1)(b) of the TMA : 
(a) an application to invalidate a trade mark refer red to in Article 32a(3); 
(b) an appeal to an appointed person from a decisio n of the registrar in relation to an 
application referred to in paragraph (a).” 
PART 4 
Chapter 3: new Section 6 
“SECTION 6 
Appeals 
 
Article 39a 
Appeals: general 
1. An appeal may be made to the FTT against a decis ion of the Secretary of State 
specified in column 1 of the table in Annex A2. 
2. Such an appeal may be made: 
(a) in all cases, by a person or third country auth ority specified in the corresponding entry 
in column 2 of the table in Annex A2; 
(b) in the case of a decision affecting an applicat ion submitted by the authorities of a third 
country, by the authorities of that third country. 
3. In determining such an appeal the FTT: 
(a) must consider the decision appealed against afr esh; 
(b) may take into account evidence that was not ava ilable to the Secretary of State. 
4. The FTT may: 
(a) dismiss the appeal, or 
(b) if it allows the appeal, exercise any power spe cified in the corresponding entry in 
column 3 of the table in Annex A2. 
5. Where the FTT remits a matter to the Secretary o f State for reconsideration and fresh 
decision: 
(a) the Secretary of State, after making a fresh de cision, must publish, in such manner as 
appears appropriate to the Secretary of State from time to time, a notice informing the 
original applicant, the appellant (if different) an d the public of that fresh decision and 
the reasons for that decision; 
(b) the provisions of this Section and Annex A2 app ly to the fresh decision made by the 
Secretary of State. 
6. An appeal made under paragraph 1 in relation to a decision of the Secretary of State 
specified in column 1 of the table in Annex A2 does  not prevent an entry recorded on Great 
Britain’s Traditional Terms Register by the Secreta ry of State following that decision from 
having effect.  
 180 7. The entry referred to in paragraph 6 continues t o have effect, despite the appeal, 
unless the appeal is allowed by the FTT and: 
(a) in a case where the FTT quashes the Secretary o f State’s decision and directs the 
Secretary of State to take specified action, that a ction has been taken; 
(b) in a case where the FTT remits the matter to th e Secretary of State for reconsideration 
and fresh decision, the relevant entry ceases to ha ve effect as a result of consequent 
action taken in relation to the entry in the regist er following the fresh decision taken by 
the Secretary of State. 
 
Article 39b 
Secretary of State decision to consider a decision afresh and the effect of that decision 
on appeal 
1. The Secretary of State may consider a decision s pecified in column 1 of the table in 
Annex A2 (‘the original decision’) afresh if eviden ce becomes available to the Secretary of 
State after making the original decision that was n ot available to the Secretary of State at 
the time the original decision was made. 
2. Paragraph 1 applies even though an appeal has be en made in respect of the original 
decision. 
3. Where the Secretary of State decides to consider  an original decision afresh in a case 
where an appeal has been made to the FTT in respect  of that decision: 
(a) the Secretary of State must notify the FTT of t he Secretary of State’s decision to 
consider the original decision afresh and publish, in such manner as appears 
appropriate to the Secretary of State from time to time, a notice informing the 
appellant, the original applicant (if different) an d the public of that decision; 
(b) the appeal to the FTT is suspended until such t ime as the Secretary of State has made a 
fresh decision in relation to the matter; 
(c) the Secretary of State must, following the maki ng of the fresh decision, notify the FTT 
of that decision and publish, in such manner as app ears appropriate to the Secretary of 
State from time to time, a notice informing the app ellant, the original applicant (if 
different) and the public of that decision and the reasons for that decision. 
4. If the Secretary of State makes the same decisio n again, the appeal to the FTT 
restarts. 
5. If the Secretary of State makes a different deci sion, the appeal to the FTT ceases 
unless the FTT directs otherwise.” 
PART 5 
New Article 61 
“Article 61 
Transitional measures 
1. Without prejudice to Article 41 of the EU withdr awal agreement, products to which 
paragraphs 2 and 3 apply may be marketed until stoc ks are exhausted. 
2. This paragraph applies to grapevine products tha t: 
(a) were labelled in the United Kingdom but not pla ced on the market in the United 
Kingdom or a member State before 14th January 2019,  
(b) do not comply with the requirements in force un der this Regulation, and 
(c) comply with the requirements of Regulation 607/ 2009 as those requirements had effect 
immediately before Regulation 607/2009 was repealed  by EU Regulation 2019/33.  
 181 3. This paragraph applies to grapevine products tha t: 
(a) were labelled in the United Kingdom but not pla ced on the market in the United 
Kingdom or a member State before IP completion day,  
(b) do not comply with the requirements in force un der this Regulation, and 
(c) comply with the requirements of EU Regulation 2 019/33 as it had effect immediately 
before IP completion day. 
4. Products to which paragraph 5 applies may be mar keted: 
(a) before the relevant day, and 
(b) in relation to stocks of such products in exist ence immediately before the relevant day, 
on and after the relevant day until stocks are exha usted. 
5. This paragraph applies to grapevine products tha t: 
(a) were labelled without being placed on the marke t, in the United Kingdom on or after 
IP completion day and before the relevant day, 
(b) do not comply with the requirements in force un der this Regulation, and 
(c) comply with the requirements of EU Regulation 2 019/33 as it had effect immediately 
before IP completion day. 
6. In this Article: 
(a) ‘making available on the market’ has the meanin g given in Article 40(a) of the EU 
withdrawal agreement; 
(b) ‘placed on the market’ means the first making a vailable on the market of a grapevine 
product; 
(c) ‘the relevant day’ means the day that falls 21 months after the day on which IP 
completion day falls.” 
PART 6 
New Annexes A1 and A2 
“ANNEX A1 
Types of traditional term to which Article 32a appl ies 
PART A 
Interpretation 
1. In the table in Part C: 
(a) ‘EU Regulation 2019/34’ means Commission Implem enting Regulation (EU) 2019/34 
laying down rules for the application of Regulation  (EU) No 1308/2013 of the 
European Parliament and of the Council as regards a pplications for protection of 
designations of origin, geographical indications an d traditional terms in the wine 
sector, the objection procedure, amendments to prod uct specifications, the register of 
protected names, cancellation of protection and use  of symbols, and of Regulation 
(EU) No 1306/2013 of the European Parliament and of  the Council as regards an 
appropriate system of checks as it had effect befor e IP completion day; 
(b) ‘the European Commission’s Traditional Terms Re gister’ means the register 
maintained by the European Commission under Article  25 of EU Regulation 2019/34;  
 182 (c) ‘grapevine product’ means a product referred to  in point 1, 3 to 6, 8, 9, 11, 15 or 16 of 
Part 2 of Annex 7 to Regulation (EC) No 1308/2013; 
(d) ‘the paragraph 1 trade mark application’ means the application to register a trade mark 
referred to in Article 32a(1); 
(e) ‘the relevant EUIA-based date’ means the date d etermined in accordance with Part B; 
(f) ‘the relevant pre-IP completion day legislation ’ means: 
 (i) in the case of an application to register a tr aditional term submitted to the 
European Commission under Regulation 607/2009, Arti cle 29 of that Regulation; 
 (ii) in the case of an application to register a t raditional term submitted to the 
European Commission under EU Regulation 2019/34, Ar ticle 21 of that 
Regulation; 
(g) ‘the relevant trade mark application’ means the  application to register a trade mark 
referred to in Article 32a(2) or (3)(a), as relevan t. 
PART B 
The relevant EUIA-based date 
2. In the table in Part C, in a case where the rele vant EUIA-based date applies, the 
relevant EUIA-based date means: 
(a) the date provided for in paragraph 3, or 
(b) where paragraph 3 does not apply, the date prov ided for in the relevant point of 
paragraph 4, or paragraph 5, as relevant to the tra ditional term. 
3. In a case where the EUIA referred to in paragrap h (b) in column 2 of the row of the 
Types Table relating to a traditional term containe d priority provisions that applied to the 
traditional term, the relevant EUIA-based date is t he priority date provided for in the EUIA 
that applied to that traditional term. 
4. In a case of a type 2A, 2B, 3A or 3B traditional  term to which paragraph 3 does not 
apply, the relevant EUIA-based date is: 
(a) in a case where the traditional term was protec ted in the European Union immediately 
before IP completion day pursuant to an amendment m ade to the EUIA (without the 
need for further action to be taken under the EUIA) , the date on which the amendment 
entered into force; 
(b) in a case where the traditional term was protec ted in the European Union immediately 
before IP completion day pursuant to a provision in  the EUIA that was provisionally 
applied before IP completion day (without the need for further action to be taken under 
the EUIA), the date on which the provision was prov isionally applied; 
(c) in a case where the traditional term was protec ted in the European Union immediately 
before IP completion day pursuant to an amendment m ade to the EUIA that was 
provisionally applied before IP completion day (wit hout the need for further action to 
be taken under the EUIA), the date on which the ame ndment was provisionally 
applied; 
(d) in a case where the traditional term was protec ted in the European Union immediately 
before IP completion day following the submission a nd processing of a request, or 
application, for protection or assessment (however described) under a provision in the 
EUIA providing for such requests, or applications, the date on which the request, or 
application, for protection or assessment was submi tted under the EUIA; 
(e) in any other case, including a case where the t raditional term was protected in the 
European Union immediately before IP completion day  pursuant to provisions in the 
EUIA that applied from the date that the EUIA enter ed into force (without the need for  
 183 further action to be taken under the EUIA), the dat e on which the relevant EUIA 
entered into force. 
5. In a case of a type 4A or 4B traditional term to  which paragraph 3 does not apply and 
for which a request, or application, for protection  or assessment (however described) was 
submitted before IP completion day in accordance wi th provisions in the EUIA, the relevant 
EUIA-based date is the date on which the request, o r application, for protection or 
assessment was submitted in accordance with the EUI A. 
6. Any reference in this Part to: 
(a) ‘the priority date’ means the date provided for  in priority provisions in an EUIA as the 
date that must be taken into account when determini ng whether an application for a 
trade mark may be granted, including: 
 (i) a calendar date specified in the EUIA; 
 (ii) a date relating to the happening of a specifi ed event; 
(b) ‘priority provisions’ means provisions in an EU IA that governed the relationship 
between trade marks and traditional terms that prov ided (however expressed): 
 (i) that, in the circumstances specified in the EU IA, an application for a trade mark 
must be refused if the application for the trade ma rk was filed after a date 
provided for in the EUIA, 
 (ii) that, in the circumstances specified in the E UIA, the registration of a trade mark 
must be invalidated if the application that resulte d in the registration of that trade 
mark was filed after a date provided for in the EUI A, or 
 (iii) for both the refusal of applications for tra de marks, and the invalidation of the 
registration of trade marks, as provided for in poi nts (i) and (ii); 
(c) ‘without the need for further action to be take n under the EUIA’, in relation to a 
traditional term protected in the European Union im mediately before IP completion 
day pursuant to an EUIA, means that the provisions in the EUIA providing for the 
traditional term to be protected in the European Un ion did not require: 
 (i) a request or application (however described) t o be submitted by the contracting 
third country under the EUIA in relation to the pro tection of the traditional term; 
 (ii) an assessment to be carried out under the EUI A in relation to the traditional term. 
PART C 
Types of traditional term (the Types Table) 
   184  
Column 1 Row No. Column 2 Description of the traditional term Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
1. Established protected 
traditional terms. Not applicable. Not applicable. 1. In relation to a  traditional 
term listed in Annex 3 to Commission Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products( a) when that 
Regulation was published in the Official Journal of the European Union, 4th May 2002. 2. In relation to a traditional term added to Annex 3 to Regulation (EC) No 753/2002 after 4th May 2002, the date on which the addition of the traditional term to that Annex first applies. 3. In any other case, the date on which the application that 
                                                                                                                                                                                                                                          
(a) OJ No. L 118, 4.5.2002, p. 1, repealed by Commiss ion Regulation (EC) No 607/2009 (OJ No. L 193, 24.7 .2009, p. 60). Last amended before its repeal by Co mmission Regulation (EC) No 1471/2007 (OJ No. L 
329, 14.12.2007, p. 9).    185 Column 1 Row No. Column 2 Description of the traditional term Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
resulted in the first registration of the traditional term was submitted to the European Commission under the relevant pre-IP completion day legislation. 
2. A traditional term that: 
(a) is used in relation to a grapevine product produced in a third country, (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and (c) must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force during the relevant period. 1. A traditional term that is in Great Britain’s Traditional Terms Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered in that register pursuant to Article 39. 2. A traditional term that is not in Great Britain’s Traditional Terms Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force before the day on which the paragraph 1 trade mark application is accepted or refused. A traditional term that is not in Great Britain’s Traditional Terms Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties that enters into force on or after the day on which the relevant trade mark application is accepted. The relevant EUIA-based date that applies to the traditional term in relation to the EUIA referred to in point (b) of column 2.   186 Column 1 Row No. Column 2 Description of the traditional term Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
3. A traditional term that: 
(a) is used in relation to a grapevine product produced in a third country, and (b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties. 1. A traditional term that is in Great Britain’s Traditional Terms Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered in that register following the approval of an application to register the traditional term submitted to the Secretary of State under Article 21 of Implementing Regulation (EU) 2019/34 during the relevant period. 2. A traditional term: (a) that is not in Great Britain’s Traditional Terms Register before the day on which the paragraph 1 trade mark application is accepted or refused, (b) for which an application to register the traditional term is submitted to the Secretary of State under Article 21 of Implementing Regulation (EU) 2019/34 during the relevant period, and (c) for which an Article A traditional term: (a) that is not in Great Britain’s Traditional Terms Register when the relevant trade mark application is accepted, and (b) for which an application to register the traditional term is submitted to the Secretary of State under Article 21 of Implementing Regulation (EU) 2019/34 during the relevant period and that application: (i) is not submitted before the relevant trade mark application is accepted, or (ii) is submitted before the relevant trade mark application is accepted but for which a notice published by the Secretary of State under the second subparagraph of Article 115(2) of Regulation (EU) No 1308/2013 relating to the application to register the traditional term is not published before the relevant trade mark application is The relevant EUIA-based date that applies to the traditional term in relation to the EUIA referred to in point (b) of column 2.   187 Column 1 Row No. Column 2 Description of the traditional term Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
115(2) approval notice relating to the application is published before the day on which the paragraph 1 trade mark application is accepted or refused. accepted. 
4. A traditional term: 
(a) that is used in relation to a grapevine product produced in a third country, (b) for which an assessment relating to the protection of the traditional term was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before IP completion day in respect of the traditional term under an EUIA, and (c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the traditional term should be protected in the European Union. See the entry in row 3 of this column. See the entry in row 3 of this column. The relevant EUIA-based date that applies to the traditional term in relation to the EUIA referred to in point (b) of column 2. 
5. A traditional term: 
(a) that is used in relation to a grapevine product produced See the entry in row 3 of this column. See the entry in row 3 of this column. The date on which the application referred to in point (b) of column 2 was   188 Column 1 Row No. Column 2 Description of the traditional term Column 3 Type A provisions Column 4 Type B provisions Column 5 The column 5 date 
in a third country, and (b) for which an application to register the traditional term was submitted to the European Commission under Article 29 of Regulation 607/2009, or Article 21 of EU Regulation 2019/34, before IP completion day that was neither refused nor resulted in traditional term being added to the European Commission’s Traditional Terms Register before IP completion day. submitted to the European Commission under the relevant pre-IP completion day legislation.  
 189  
ANNEX A2 
Appeals 
Column 1 
Decision Column 2 
Persons and third country 
authorities who may appeal 
against the decision Column 3 
FTT powers 
Decision of the Secretary of 
State to approve an application 
submitted under Article 21 of 
Implementing Regulation (EU) 
2019/34 to protect a traditional 
term. The persons are: 
(a) a person who submits a 
duly substantiated objection to 
the application under Article 
22 of Implementing 
Regulation (EU) 2019/34; 
(b) a person marketing a 
product that is, or may be, 
affected by the protection of 
the traditional term. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
remove the entry for the 
traditional term from Great 
Britain’s Traditional Terms 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 21 of 
Implementing Regulation (EU) 
2019/34 to protect a traditional 
term. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
protect the traditional term. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
register the traditional term by 
making an entry for the 
traditional term in Great 
Britain’s Traditional Terms 
Register, recording the data 
specified in Article 25(1) of 
Implementing Regulation (EU) 
2019/34 in that register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve a request 
submitted under Article 34 to 
modify a traditional term. The persons are: 
(a) a person who submits an 
objection to the modification 
of the traditional term under 
Article 22 of Implementing 
Regulation (EU) 2019/34 (as it 
applies to a request to modify 
a traditional term by virtue of 
the first paragraph of Article 
27 of Implementing 
Regulation (EU) 2019/34); 
(b) a person marketing a 
product that is, or may be, 
affected by the modification of 
the traditional term. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
restore the data in the entry for 
the traditional term in Great 
Britain’s Traditional Terms 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject a request 
submitted under Article 34 to 
modify a traditional term. The persons are: 
(a) the person who submitted 
the request; 
(b) a person marketing a Power to: 
(a) quash the decision and 
direct the Secretary of State to 
make such change to the data  
 190 Column 1 
Decision Column 2 
Persons and third country 
authorities who may appeal 
against the decision Column 3 
FTT powers 
product that is, or may be, 
affected by the decision not to 
modify the traditional term. in the entry for the traditional 
term in Great Britain’s 
Traditional Terms Register as 
the modification of the 
traditional terms entails, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve a request 
submitted under Article 35 to 
cancel the protection of a 
traditional term. The persons are: 
(a) a third country authority 
which, or the applicant (within 
the meaning of Article 29(1) 
of Implementing Regulation 
(EU) 2019/34) who, submits 
observations to the Secretary 
of State in relation to the 
cancellation request having 
been invited to do so by the 
Secretary of State under the 
first subparagraph of Article 
29(1) of Implementing 
Regulation (EU) 2019/34; 
(b) a person who submits an 
objection in relation to the 
request in accordance with the 
objection in Section 2 of 
Chapter III (as it applies in 
relation to a request to cancel 
the protection of a traditional 
term by virtue of the second 
paragraph of Article 35); 
(c) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the protection of the traditional 
term. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
restore the entry for the 
traditional term in Great 
Britain’s Traditional Terms 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject a request 
submitted under Article 35 to 
cancel the protection of a 
traditional term. The persons are: 
(a) the person who submitted 
the request; 
(b) a third country authority 
which, or the applicant (within 
the meaning of Article 29(1) 
of Implementing Regulation 
(EU) 2019/34) who, submits 
observations to the Secretary 
of State in relation to the 
cancellation request having 
been invited to do so by the 
Secretary of State under the 
first subparagraph of Article 
29(1) of Implementing Power to: 
(a) quash the decision and 
direct the Secretary of State to 
remove the entry for the 
traditional term from Great 
Britain’s Traditional Terms 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision.”  
 191 Column 1 
Decision Column 2 
Persons and third country 
authorities who may appeal 
against the decision Column 3 
FTT powers 
Regulation (EU) 2019/34; 
(c) a person marketing a 
product that is, or may be, 
affected by the continued 
protection of the traditional 
term. 
PART 7 
Annex 1: new Part A 
“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’”  
 192 PART 8 
New Annexes 2 and 3 
“ANNEX 2 
Words referred to in point (b) of the second subpar agraph of Article 
46(3) 
Words authorised instead of ‘producer’: ‘processor’  or ‘winemaker’ 
Words authorised instead of ‘produced by’: ‘process ed by’ or ‘made by’ 
ANNEX 3 
Indication of the sugar content 
PART A 
List of terms referred to in Article 47(1), to be u sed for sparkling wine, aerated 
sparkling wine, quality sparkling wine or quality a romatic sparkling wine 
 
Terms Conditions of use 
extra dry If its sugar content is between 12 and 17  
grams per litre. 
dry If its sugar content is between 17 and 32 
grams per litre. 
medium dry If its sugar content is between 32 and 5 0 
grams per litre. 
mild, sweet If its sugar content is greater than 50  grams 
per litre. 
PART B 
List of terms referred to in Article 52(1), to be u sed for products other than 
those listed in Part A 
 
Terms Conditions 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  
 193 the residual sugar content. 
medium, medium sweet If its sugar content exceeds t he maximum 
permitted but does not exceed 45 grams per 
litre. 
sweet If its sugar content is at least 45 grams per 
litre.” 
 SCHEDULE 9 Regulation 27 
Commission Implementing Regulation (EU) 2019/34: ne w provisions 
PART 1 
New Article 1a 
 
“Article 1a 
Definitions 
In this Regulation: 
(a) ‘EU Regulation 1308/2013’ means Regulation (EU)  No 1308/2013 of the European 
Parliament and of the Council establishing a common  organisation of the markets in 
agricultural products as it had effect immediately before IP completion day; 
(b) ‘EU Regulation 2017/625’ means Regulation (EU) 2017/625 of the European 
Parliament and of the Council on official controls and other official activities 
performed to ensure the application of food and fee d law, rules on animal health and 
welfare, plant health and plant protection products  as it had effect immediately before 
IP completion day; 
(c) ‘EU Regulation 2019/34’ means Commission Implem enting Regulation (EU) 2019/34 
laying down rules for the application of Regulation  (EU) No 1308/2013 of the 
European Parliament and of the Council as regards a pplications for protection of 
designations of origin, geographical indications an d traditional terms in the wine 
sector, the objection procedure, amendments to prod uct specifications, the register of 
protected names, cancellation of protection and use  of symbols, and of Regulation 
(EU) No 1306/2013 of the European Parliament and of  the Council as regards an 
appropriate system of checks as it had effect immed iately before IP completion day; 
(d) ‘Regulation 2017/625’ means Regulation (EU) 201 7/625 of the European Parliament 
and of the Council on official controls and other o fficial activities performed to ensure 
the application of food and feed law, rules on anim al health and welfare, plant health 
and plant protection products; 
(e) ‘constituent nation’ means England, Northern Ir eland, Scotland or Wales; 
(f) ‘control body’ has the same meaning as in EU Re gulation 2019/34 and is be 
interpreted taking into account the repeal and repl acement of Regulation (EC) No 
882/2004 by EU Regulation 2017/625; 
(g) ‘competent authority’, ‘the national competent authorities’ and ‘the responsible 
competent authorities’ each mean: 
 (i) in relation to England and Wales, the competen t authority specified in regulation 
4(1) of the Wine Regulations 2011 as that regulatio n extends to Great Britain; 
 (ii) in relation to Scotland, the competent author ity specified in regulation 4(1) of the 
Wine Regulations 2011, as read with paragraph (3) o f that regulation, as that 
regulation extends to Great Britain;  
 194 (h) ‘country’, in relation to the United Kingdom, m eans the United Kingdom as a whole 
and does not mean an individual constituent nation forming part of the United 
Kingdom; 
(i) ‘Great Britain’s Traditional Terms Register’ me ans the register referred to in Article 
25(1); 
(j) ‘notice period’, in relation to a notice referr ed to in this Regulation, means the period 
of 20 days from the day on which the relevant notic e is published, beginning with the 
day on which the notice is published; 
(k) ‘third country’ means a country, other than the  United Kingdom, and includes: 
 (i) the Bailiwick of Guernsey; 
 (ii) the Bailiwick of Jersey; 
 (iii) the Isle of Man; 
(l) ‘third country standard amendment’ has the mean ing given by Article 14(2c) of 
Delegated Regulation (EU) 2019/33; 
(m) ‘third country temporary amendment’ has the mea ning given by Article 14(2d) of 
Delegated Regulation (EU) 2019/33; 
(n) ‘UK standard amendment’ has the meaning given b y Article 14(2a) of Delegated 
Regulation (EU) 2019/33; 
(o) ‘UK temporary amendment’ has the meaning given by Article 14(2b) of Delegated 
Regulation (EU) 2019/33.” 
PART 2 
Article 12: new paragraphs 2 to 2l 
“2. Where the Secretary of State publishes a notice  to which paragraph 2d applies 
relating to an amendment to a product specification  for a designation of origin or 
geographical indication that entails a change to th e information recorded in the register, the 
Secretary of State must as soon as possible after t he expiry of the notice period for the 
notice: 
(a) record the new data for the designation of orig in or geographical indication, as 
relevant, in the register, and 
(b) attach a copy of the modified consolidated prod uct specification and, where relevant, a 
copy of the modified single document, for the desig nation of origin or geographical 
indication, as relevant, to the register. 
2a. The new data recorded in the register pursuant to paragraph 2(a), and the modified 
consolidated product specification attached to the register pursuant to paragraph 2(b), take 
effect immediately after: 
(a) the new data has been recorded in the register,  and 
(b) the copy of the modified consolidated product s pecification is attached to the register. 
2b. Where the Secretary of State publishes a notice  to which paragraph 2d applies 
relating to an amendment to a product specification  for a designation of origin or 
geographical indication that does not entail a chan ge to the information recorded in the 
register, the Secretary of State must attach a copy  of the modified consolidated product 
specification and, where relevant, a copy of the mo dified single document, for the 
designation of origin or geographical indication to  the register as soon as possible after the 
notice period for the notice has expired. 
2c. The modified consolidated product specification  attached to the register pursuant to 
paragraph 2b takes effect immediately after the cop y of it is attached to the register.  
 195 2d. This paragraph applies to: 
(a) a notice relating to the approval of a non-stan dard amendment to a product 
specification for a designation of origin or geogra phical indication published under 
Article 99(3) of Regulation (EU) No 1308/2013 (as i t applies to an application for a 
non-standard amendment by virtue of Article 15(1) o f Delegated Regulation (EU) 
2019/33); 
(b) a notice relating to the approval of a UK stand ard amendment to a product 
specification for a designation of origin or geogra phical indication published under the 
Article 17(2a) of Delegated Regulation (EU) 2019/33 ; 
(c) a notice making an approved third country stand ard amendment to a product 
specification for a designation of origin or geogra phical indication public published 
under Article 17(5) or (6) of Delegated Regulation (EU) 2019/33. 
2e. Where the Secretary of State publishes a notice  under Article 18(1m) of Delegated 
Regulation (EU) 2019/33 relating to the approval of  a UK temporary amendment to a 
product specification for a designation of origin o r geographical indication, the Secretary of 
State must record an entry in the register relating  to the UK temporary amendment in the 
register as soon as possible after publishing that notice. 
2f. Based on the information given in a notice publ ished under Article 18(1m) of 
Delegated Regulation (EU) 2019/33, the data recorde d in an entry referred to in paragraph 
2e must include the period during which the UK temp orary amendment is to apply. 
2g. Based on the information given in a notice publ ished under Article 18(1n) of 
Delegated Regulation (EU) 2019/33, the period state d in the register as the period during 
which the UK temporary amendment is to apply must b e changed where the period is 
extended under Article 18(1l) of that Regulation an d a notice relating to that extension of 
that period is published under Article 18(1n) of th at Regulation. 
2h. A UK temporary amendment referred to in paragra ph 2e takes effect immediately 
after the entry referred to in that paragraph (as r ead with paragraphs 2f) is recorded in the 
register. The product specification attached to the  register applies, as read with the UK 
temporary amendment, during the period specified in  the register as the period during 
which the UK temporary amendment is to apply. 
2i. Where the Secretary of State publishes a notice  making a third country temporary 
amendment to a product specification for a designat ion of origin or geographical indication 
public under Article 18(5) of Delegated Regulation (EU) 2019/33, the Secretary of State 
must record an entry in the register relating to th e third country temporary amendment as 
soon as possible after publishing that notice. 
2j. Based on the information given in a notice publ ished under Article 18(5) of 
Delegated Regulation (EU) 2019/33, the information contained in the entry referred to in 
paragraph 2i must include the period during which t he third country temporary amendment 
is to apply. 
2k. A third country temporary amendment referred to  in paragraph 2i takes effect 
immediately after the entry referred to in that par agraph (as read with paragraph 2j) is 
recorded in the register. The product specification  attached to the register applies, as read 
with the third country temporary amendment, during the period specified in the register 
pursuant to paragraph 2j. 
2l. The Secretary of State must remove an entry in the register relating to a UK 
temporary amendment or a third country temporary am endment as soon as possible after 
the period specified in the register as the period during which the amendment is to apply 
has expired.”  
 196 PART 3 
New Article 12a 
“Article 12a 
Register: established protected designations of ori gin and established protected 
geographical indications 
1. The Secretary of State must include the relevant  data for each established protected 
designation of origin and established protected geo graphical indication in Great Britain’s 
PDOs and PGIs Register. 
2. The Secretary of State must include the relevant  data referred to in paragraph 1 in 
Great Britain’s PDOs and PGIs Register at the time the register is established by the 
Secretary of State or as soon as possible after the  register has been established by the 
Secretary of State. 
3. The Secretary of State must use the Secretary of  State’s best endeavours in relation 
to each established protected designation of origin  and established protected geographical 
indication to obtain a copy of the EU product speci fication for the corresponding EU 
designation of origin or corresponding EU geographi cal indication, and attach that 
document to Great Britain’s PDOs and PGIs Register.  
4. Where the EU product specification for a corresp onding EU designation of origin or 
corresponding EU geographical indication is in a fo reign language the Secretary of State 
must attach an English language translation of that  product specification to the register 
instead of the foreign language version of that doc ument. 
5. The Secretary of State must attach the product s pecification referred to in paragraph 
3 (as read with paragraph 4) to Great Britain’s PDO s and PGIs Register at the time when 
the register is established by the Secretary of Sta te or as soon as possible after the register 
has been established by the Secretary of State. 
6. The EU product specification attached to Great B ritain’s PDOs and PGIs Register 
pursuant to paragraph 3 (as read with paragraph 4) must be treated as the product 
specification for the relevant established protecte d designation of origin or established 
protected geographical indication for the purposes of the relevant legislation relating to the 
GB wine scheme. 
7. Paragraph 6 does not prevent a product specifica tion attached to Great Britain’s 
PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) and treated as a 
product specification for an established protected designation of origin or established 
protected geographical indication by virtue of para graph 6 from being amended or replaced 
following an application made under Article 106 of Regulation (EU) No 1308/2013. 
8. Where paragraph 9 applies, the Secretary of Stat e may, in relation to an established 
protected designation of origin or established prot ected geographical indication, attach a 
copy of an EU single document for the corresponding  EU designation of origin or 
corresponding EU geographical indication to the reg ister. 
9. This paragraph applies if, in relation to an est ablished protected designation of origin 
or established protected geographical indication, t he Secretary of State is unable to obtain a 
copy of the EU product specification for the corres ponding EU designation of origin or 
corresponding EU geographical indication within a p eriod of three years beginning with the 
day after the day on which IP completion day falls.  
10. Where the Secretary of State decides to attach an EU single document for a 
corresponding EU designation of origin or correspon ding EU geographical indication to 
Great Britain’s PDOs and PGIs Register under paragr aph 8 and that EU single document is 
in a foreign language, the Secretary of State must attach an English language translation of  
 197 that single document to the register instead of the  foreign language version of that 
document. 
11. The copy of the EU single document attached to the register pursuant to paragraph 8 
(as read with paragraph 10) is to be treated as the  product specification for the relevant 
established protected designation of origin or esta blished protected geographical indication 
for the purposes of the relevant legislation relati ng to the GB wine scheme. 
12. Paragraph 11 does not prevent a single document  attached to Great Britain’s PDOs 
and PGIs Register pursuant to paragraph 8 (as read with paragraph 10) and treated as a 
product specification for an established protected designation of origin or established 
protected geographical indication by virtue of para graph 11 from being amended or 
replaced following an application made under Articl e 106 of Regulation (EU) No 
1308/2013. 
13. In this Article: 
(a) ‘the corresponding EU designation of origin’, i n relation to an established protected 
designation of origin, means the designation of ori gin that was protected in the 
European Union under EU Regulation 1308/2013 immedi ately before IP completion 
day that corresponds to the established protected d esignation of origin; 
(b) ‘the corresponding EU geographical indication’,  in relation to an established protected 
geographical indication, means the geographical ind ication that was protected in the 
European Union under EU Regulation 1308/2013 immedi ately before IP completion 
day that corresponds to the established protected g eographical indication; 
(c) ‘established protected designation of origin’ h as the meaning given by Article 
107(2)(a) of Regulation (EU) No 1308/2013; 
(d) ‘established protected geographical indication’  has the meaning given by Article 
107(2)(b) of Regulation (EU) No 1308/2013; 
(e) ‘the European Commission’s PDOs and PGIs Regist er’ means the register established 
by the Commission under Article 104 of EU Regulatio n 1308/2013; 
(f) ‘Great Britain’s PDOs and PGIs Register’ means the register established by the 
Secretary of State under Article 104 of Regulation (EU) No 1308/2013; 
(g) ‘the legislation relating to the GB wine scheme ’ means: 
 (i) the provisions in Section 2 of Title 2 of Part  2 of Regulation (EU) No 1308/2013, 
 (ii) Delegated Regulation (EU) 2019/33, and 
 (iii) this Regulation; 
(h) ‘the relevant data’, in relation to an establis hed protected designation of origin or 
established protected geographical indication, mean s the data specified in Article 
12(1)(a), (c) and (d) of EU Regulation 2019/34 that  is recorded in the European 
Commission’s PDOs and PGIs Register for the corresp onding EU designation of origin 
or corresponding EU geographical indication immedia tely before IP completion day. 
14. In this Article any reference to: 
(a) the EU product specification relating to a corr esponding EU designation of origin or a 
corresponding EU geographical indication is to be r ead as a reference to the product 
specification for the corresponding EU designation of origin or corresponding EU 
geographical indication as that product specificati on stood immediately before IP 
completion day; 
(b) the EU single document relating to a correspond ing EU designation of origin or a 
corresponding EU geographical indication is to be r ead as a reference to the single 
document for the corresponding EU designation of or igin or corresponding EU 
geographical indication as that single document sto od immediately before IP 
completion day.”  
 198 PART 4 
New Article 25a 
“Article 25a 
Register: established protected traditional terms 
1. The Secretary of State must include the relevant  data for each established protected 
traditional term in Great Britain’s Traditional Ter ms Register when the register is 
established by the Secretary of State or, if that i s not possible, as soon as possible after the 
register is established. 
2. In this Article: 
(a) ‘the corresponding EU traditional term’, in rel ation to an established protected 
traditional term, means the traditional term that w as protected in the European Union 
under EU Regulation 1308/2013 immediately before IP  completion day that 
corresponds to the established protected traditiona l term; 
(b) ‘an established protected traditional term’ has  the meaning given by Article 1a(j) of 
Delegated Regulation (EU) 2019/33; 
(c) ‘Great Britain’s Traditional Terms Register’ ha s the meaning given by Article 1a(m) of 
Delegated Regulation (EU) 2019/33; 
(d) ‘the European Commission’s Traditional Terms Re gister’ means the register 
maintained by the European Commission under Article  25 of EU Regulation 2019/34; 
(e) ‘the relevant data’, in relation to an establis hed protected traditional term, means the 
data specified in Article 25(1)(a) to (g) of EU Reg ulation 2019/34 that is in the 
European Commission’s Traditional Terms Register fo r the corresponding EU 
traditional term immediately before IP completion d ay.” 
 SCHEDULE 10 Regulation 28 
Regulation (EU) 2019/787 of the European Parliament  and of the 
Council: new provisions 
PART 1 
Article 3: new points (8) to (15) 
“(8) ‘EU Regulation 110/2008’ means Regulation (EC)  No 110/2008 of the European 
Parliament and of the Council on the definition, de scription, presentation, labelling and the 
protection of geographical indications of spirit dr inks as it had effect before IP completion 
day; 
(9) ‘EU Regulation 2019/787’ means Regulation (EU) 2019/787 of the European 
Parliament and of the Council on the definition, de scription, presentation and labelling of 
spirit drinks, the use of the names of spirit drink s in the presentation and labelling of other 
foodstuffs, the protection of geographical indicati ons for spirit drinks, the use of ethyl 
alcohol and distillates of agricultural origin in a lcoholic beverages as it had effect before IP 
completion day; 
(10) ‘established geographical indication’ means a geographical indication within the 
meaning of Article 3(4) to which Article 54(2) of t he EU withdrawal agreement applies; 
(11) ‘EUWA’ means the European Union (Withdrawal) A ct 2018; 
(12) ‘FTT’ means the First-tier Tribunal; 
(13) ‘Great Britain’s GIs Register’ means the regis ter established and maintained by the 
Secretary of State under Article 33(1);  
 199 (14) in Articles 43 and 43a, ‘the original applican t’, in a case where an appeal has been 
made in respect of a decision made by the Secretary  of State in relation to a geographical 
indication under Article 34, or following the submi ssion of an application under Article 24 
or 31, or a request submitted under Article 34, mea ns the person who submitted the 
application or request; 
(15) ‘third country’ means a country, other than th e United Kingdom, and includes: 
(a) the Bailiwick of Guernsey; 
(b) the Bailiwick of Jersey; 
(c) the Isle of Man.” 
PART 2 
New Chapter 4 
“CHAPTER 4 
GEOGRAPHICAL INDICATIONS: APPEALS 
Article 43 
Appeals 
1. An appeal may be made to the FTT against a decis ion of the Secretary of State 
specified in column 1 of the table in Part 2 of Ann ex 2. 
2. Such an appeal may be made: 
(a) in all cases, by a person specified in the corr esponding entry in column 2 of the table in 
Part 2 of Annex 2; 
(b) in the case of a decision affecting an applicat ion submitted by the authorities of a third 
country, by the authorities of that third country. 
3. In determining such an appeal the FTT: 
(a) must consider the decision appealed against afr esh; 
(b) may take into account evidence that was not ava ilable to the Secretary of State. 
4. The FTT may: 
(a) dismiss the appeal, or 
(b) if it allows the appeal, exercise any power spe cified in the corresponding entry in 
column 3 of the table in Part 2 of Annex 2. 
5. Where the FTT remits a matter to the Secretary o f State for reconsideration and fresh 
decision: 
(a) the Secretary of State, after making a fresh de cision, must publish, in such manner as 
appears appropriate to the Secretary of State from time to time, a notice informing the 
original applicant, the appellant (if different) an d the public of that fresh decision and 
the reasons for that decision; 
(b) the provisions of this Chapter and Annex 2 appl y to the fresh decision made by the 
Secretary of State. 
6. An appeal made under paragraph 1 in relation to a decision of the Secretary of State 
specified in column 1 of the table in Part 2 of Ann ex 2 does not prevent an entry recorded 
on Great Britain’s GIs Register by the Secretary of  State following that decision from 
having effect.  
 200 7. The entry referred to in paragraph 6 continues t o have effect, despite the appeal, 
unless the appeal is allowed by the FTT and: 
(a) in a case where the FTT quashes the Secretary o f State’s decision and directs the 
Secretary of State to take specified action, that a ction has been taken; 
(b) in a case where the FTT remits the matter to th e Secretary of State for reconsideration 
and fresh decision, the relevant entry ceases to ha ve effect as a result of consequent 
action taken in relation to the entry in the regist er following the fresh decision taken by 
the Secretary of State. 
 
Article 43a  
Secretary of State decision to consider a decision afresh and the effect of that decision 
on an appeal 
1. The Secretary of State may consider a decision s pecified in column 1 of the table in 
Part 2 of Annex 2 (‘the original decision’) afresh if evidence becomes available to the 
Secretary of State after making the original decisi on that was not available to the Secretary 
of State at the time of the original decision. 
2. Paragraph 1 applies even though an appeal has be en made in respect of the original 
decision. 
3. Where the Secretary of State decides to consider  an original decision afresh in a case 
where an appeal has been made to the FTT in respect  of that decision: 
(a) the Secretary of State must notify the FTT of t he Secretary of State’s decision to 
consider the original decision afresh and publish, in such manner as appears 
appropriate to the Secretary of State from time to time, a notice informing the 
appellant, the original applicant (if different) an d the public of that decision; 
(b) the appeal to the FTT is suspended until such t ime as the Secretary of State has made a 
fresh decision in relation to the matter; 
(c) the Secretary of State must, following the maki ng of the fresh decision, notify the FTT 
of that decision and publish, in such manner as app ears appropriate to the Secretary of 
State from time to time, a notice informing the app ellant, the original applicant (if 
different) and the public of that decision and the reasons for that decision. 
4. If the Secretary of State makes the same decisio n again, the appeal to the FTT 
restarts. 
5. If the Secretary of State makes a different deci sion, the appeal to the FTT ceases 
unless the FTT directs otherwise.” 
PART 3 
New Annex 2 
“ANNEX 2 
APPEALS 
PART 1 
Interpretation 
In the table in Part 2, ‘a valid notice of oppositi on’ means a notice of opposition that 
contains the declaration required by the second sub paragraph of Article 27(1).  
 201 PART 2 
Appellants and powers of the FTT on appeal 
 
Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
Decision of the Secretary of 
State to approve an application 
submitted under Article 24 to 
register a geographical 
indication. The persons are: 
(a) a person who submits a 
valid notice of opposition in 
relation to the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the registration of 
the geographical indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) remove the entry for the 
geographical indication from 
Great Britain’s GIs Register, 
and 
(ii) remove the copy of the 
product specification for the 
geographical indication 
attached to Great Britain’s GIs 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 24 to 
register a geographical 
indication. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
register the geographical 
indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to 
register the geographical 
indication by: 
(i) making an entry for the 
geographical indication in 
Great Britain’s GIs Register, 
and 
(ii) attaching a copy of the 
product specification for the 
geographical indication to the 
register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve an application 
submitted under Article 31 to 
amend a product specification 
for a geographical indication. The persons are: 
(a) a person who submits a 
valid notice of opposition in 
relation to the application 
under Article 27(1) (as it 
applies to an application to 
amend a product specification 
by virtue of Article 31(9)); 
(b) a person marketing a 
product that is, or may be, 
affected by the amendment of 
the product specification. Power to: 
(a) quash the decision and (as 
appropriate) direct the 
Secretary of State to: 
(i) restore the data in the entry 
for the geographical indication 
in Great Britain’s GIs 
Register; 
(ii) remove the copy of the 
modified product specification 
for the geographical indication 
attached to Great Britain’s GIs 
Register and replace it with a 
copy of the product  
 202 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
specification that was attached 
to Great Britain’s GIs Register 
immediately before the 
Secretary of State decided to 
approve the application, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject an application 
submitted under Article 31 to 
amend a product specification 
for a geographical indication. The persons are: 
(a) the person who submitted 
the application; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
amend the product 
specification. Power to: 
(a) quash the decision and (as 
appropriate) direct the 
Secretary of State: 
(i) in the case of an 
amendment to the product 
specification that is not a 
temporary amendment: 
(aa) to make such change to 
the data in the entry for the 
geographical indication in 
Great Britain’s GIs Register as 
the amendment to the product 
specification may entail; 
(bb) to replace the copy of the 
product specification for the 
geographical indication 
attached to Great Britain’s GIs 
Register with a copy of the 
modified product 
specification; 
(ii) in the case of a temporary 
amendment to the product 
specification, to make an 
appropriate entry relating to 
the temporary amendment to 
the product specification for 
the geographical indication in 
Great Britain’s GIs Register, 
or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State under Article 32, on the 
Secretary of State’s own 
initiative, to cancel the 
registration of a geographical 
indication. The persons are: 
(a) a person who submits a 
valid notice of opposition 
under Article 27(1) in relation 
to the proposed decision (as it 
applies to a decision to cancel 
the registration of a 
geographical indication by 
virtue of the second 
subparagraph of Article Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
geographical indication in 
Great Britain’s GIs Register, 
and 
(ii) reattach to Great Britain’s 
GIs Register a copy of the 
product specification for the  
 203 Column 1 
Decision Column 2 
Persons who may appeal 
against the decision Column 3 
FTT powers 
32(1)); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the geographical indication. geographical indication that 
was attached to the register 
immediately before the 
Secretary of State decided to 
cancel the registration of the 
geographical indication, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to approve a request 
submitted under Article 32 to 
cancel the registration of a 
geographical indication. The persons are: 
(a) a person who submits a 
valid notice of opposition 
under Article 27(1) in relation 
to the request (as it applies to a 
request to cancel a 
geographical indication by 
virtue of the second 
subparagraph of Article 
32(1)); 
(b) a person marketing a 
product that is, or may be, 
affected by the cancellation of 
the geographical indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to: 
(i) restore the entry for the 
geographical indication in 
Great Britain’s GIs Register, 
and 
(ii) reattach to Great Britain’s 
GIs Register a copy of the 
product specification for the 
geographical indication that 
was attached to the register 
immediately before the 
Secretary of State decided to 
cancel the registration of the 
geographical indication, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision. 
Decision of the Secretary of 
State to reject a request 
submitted under Article 32 to 
cancel the registration of a 
geographical indication. The persons are: 
(a) the person who submitted 
the request; 
(b) a person marketing a 
product that is, or may be, 
affected by the decision not to 
cancel the geographical 
indication. Power to: 
(a) quash the decision and 
direct the Secretary of State to; 
(i) remove the entry for the 
geographical indication from 
Great Britain’s GIs Register, 
and 
(ii) remove the copy of the 
product specification for the 
geographical indication 
attached to Great Britain’s GIs 
Register, or 
(b) remit the matter to the 
Secretary of State for 
reconsideration and fresh 
decision.” 
  
 204  
UK202012291003   01/2021   19585 
http://www.legislation.gov.uk/id/uksi/2020/1637 EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations are made in exercise of the power s conferred by the European Union 
(Withdrawal) Act 2018 (c. 16) in order to address f ailures of retained EU law to operate 
effectively and other deficiencies (in particular u nder section 8(2)(a), (c), (d) and (e)) arising fro m 
the withdrawal of the United Kingdom from the Europ ean Union. 
These Regulations make amendments to legislation re lating to— 
(a)  agricultural products and foodstuffs; 
(b)  aromatised wines; 
(c)  spirit drinks; 
(d)  wine; 
(e)  tribunal procedure rules concerning decisions relat ing to applications for the registration, 
amendment and cancellation of designations of origi n, geographical indications and 
traditional specialities guaranteed for agricultura l products and foodstuffs, geographical 
indications for aromatised wine and designations of  origin, geographical indications and 
traditional terms for wines. 
Part 2 amends the Quality Schemes (Agricultural Pro ducts and Foodstuffs) Regulations 2018 (S.I. 
2018/1275) (“the 2018 Regulations”) to take account  of changes relating to official controls 
affecting the 2018 Regulations made by Regulation ( EU) 2017/625 on official controls and other 
official activities performed to ensure the applica tion of food and feed law, rules on animal health 
and welfare, plant health and plant protection prod ucts (OJ No. L 95, 7.4.2017, p. 1). 
Part 3 omits provisions in subordinate legislation that were included in that to address failures of 
retained EU law to operate effectively and other de ficiencies arising from the withdrawal of the 
United Kingdom from the European Union. The legisla tion amended by that subordinate 
legislation, which would otherwise have come into f orce on IP completion day, either no longer 
applies or the amendments for that legislation are replaced by amendments in these Regulations 
which consolidate and update the previous amendment s, taking account of the transition period. 
Part 4 is divided into three Chapters and amends do mestic legislation relating to agricultural 
products and foodstuffs, tribunal procedure rules, spirit drinks and wine. Chapter 1 makes 
amendments that extend to the United Kingdom, Chapt er 2 make amendments that extend to Great 
Britain and Chapter 3 makes amendments that extend to Northern Ireland. 
Part 5 and the Schedules amend retained direct EU l egislation relating to agricultural products and 
foodstuffs, aromatised wine, spirit drinks and wine . 
An impact assessment has not been produced for this  instrument as no, or no significant, impact 
on the private or voluntary sector is foreseen. 
  
  
© Crown copyright 2021 
Printed and published in the UK by The Stationery O ffice Limited under the authority and superintenden ce of Jeff James, 
Controller of Her Majesty’s Stationery Office and Q ueen’s Printer of Acts of Parliament.