Regulation (EU) No 251/2014 of the European Parliament and of the Council
of 26 February 2014
on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91cross-notes
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Economic and Social Committee(1),
Acting in accordance with the ordinary legislative procedure(2),
Whereas:
(1) Council Regulation (EEC) No 1601/91(3) and Commission Regulation (EC) No 122/94(4) have proved successful in regulating aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (‘aromatised wine products’). However, in the light of technologic innovation, market developments and evolving consumer expectations it is necessary to update the rules applicable to the definition, description, presentation, labelling and protection of geographical indications of certain aromatised wine products, while taking into account traditional production methods.
(2) Further amendments are needed as a consequence of the entry into force of the Lisbon Treaty, in order to align the powers conferred upon the Commission pursuant to Regulation (EEC) No 1601/91 to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). In view of the scope of those amendments, it is appropriate to repeal Regulation (EEC) No 1601/91 and to replace it with this Regulation. Regulation (EC) No 122/94 introduced rules on flavouring and addition of alcohol applicable to some aromatised wine products, and in order to ensure clarity, those rules should be incorporated into this Regulation.
(3) Regulation (EU) No 1169/2011 of the European Parliament and of the Council(5) applies to the presentation and labelling of aromatised wine products, save as otherwise provided for in this Regulation.
(4) Aromatised wine products are important for consumers, producers and the agricultural sector in the Union. The measures applicable to aromatised wine products should contribute to the attainment of a high level of consumer protection, the prevention of deceptive practices and the attainment of market transparency and fair competition. By doing so, the measures will safeguard the reputation that the Union’s aromatised wine products have achieved in the internal market and on the world market by continuing to take into account the traditional practices used in the production of aromatised wine products as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of the products for which such innovation serves to improve quality, without affecting the traditional character of the aromatised wine products concerned.
(5) The production of aromatised wine products constitutes a major outlet for the agricultural sector of the Union, which should be emphasised by the regulatory framework.
(6) In the interest of consumers, this Regulation should apply to all aromatised wine products placed on the market in the Union, whether produced in the Member States or in third countries. In order to maintain and improve the reputation of the Union’s aromatised wine products on the world market, the rules provided for in this Regulation should also apply to aromatised wine products produced in the Union for export.
(7) To ensure clarity and transparency in Union law governing aromatised wine products, it is necessary to clearly define the products covered by that law, the criteria for the production, description, presentation and labelling of aromatised wine products and in particular, the sales denomination. Specific rules on the voluntary indication of the provenance supplementing those laid down in Regulation (EU) No 1169/2011 should also be laid down. By laying down such rules, all stages in the production chain are regulated and consumers are protected and properly informed.
(8) The definitions of aromatised wine products should continue to respect traditional quality practices but should be updated and improved in the light of technological developments.
(9) Aromatised wine products should be produced in accordance with certain rules and restrictions, which guarantee that consumer expectations as regards quality and production methods are met. In order to meet the international standards in this field, the production methods should be established and the Commission should as a general rule take into account the standards recommended and published by the International Organisation of Vine and Wine (OIV).
(10) Regulation (EC) No 1333/2008 of the European Parliament and of the Council(6) and Regulation (EC) No 1334/2008 of the European Parliament and of the Council(7) should apply to aromatised wine products.
(11) Moreover, the ethyl alcohol used for the production of aromatised wine products should be exclusively of agricultural origin, so as to meet consumer expectations and conform to traditional quality practices. This will also ensure an outlet for basic agricultural products.
(12) Given the importance and complexity of the aromatised wine products sector, it is appropriate to lay down specific rules on the description and presentation of aromatised wine products supplementing the labelling provisions laid down in Regulation (EU) No 1169/2011. Those specific rules should also prevent the misuse of sales denominations of aromatised wine products in the case of products which do not meet the requirements set out in this Regulation.
(13) With a view to facilitating consumers’ understanding, it should be possible to supplement the sales denominations laid down in this Regulation with the customary name of the product within the meaning of Regulation (EU) No 1169/2011.
(14) Council Regulation (EC) No 834/2007(8) applies, inter alia, to processed agricultural products for use as food, which includes aromatised wine products. Accordingly, aromatised wine products which meet the requirements laid down in that Regulation and the acts adopted pursuant to it may be placed on the market as organic aromatised wine products.
(15) In applying a quality policy and in order to allow a high level of quality of aromatised wine products with a geographical indication, Member States should be allowed to adopt stricter rules than those laid down in this Regulation on the production, description, presentation and labelling of aromatised wine products with a geographical indication that are produced in their own territory, in so far as such rules are compatible with Union law.
(16) Given that Regulation (EC) No 110/2008 of the European Parliament and of the Council(9), Regulation (EU) No 1151/2012 of the European Parliament and of the Council(10), and the provisions on geographical indications in Regulation (EU) No 1308/2013 of the European Parliament and of the Council(11) do not apply to aromatised wine products, specific rules on protection of geographical indications for aromatised wine products should be laid down. Geographical indications should be used to identify aromatised wine products as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the aromatised wine product is essentially attributable to its geographical origin and such geographical indications should be registered by the Commission.
(17) A procedure for the registration, compliance, alteration and possible cancellation of third country and Union geographical indications should be laid down in this Regulation.
(18) Member State authorities should be responsible for ensuring compliance with this Regulation, and arrangements should be made for the Commission to be able to monitor and verify such compliance.
(19) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of production processes for obtaining aromatised wine products; criteria for the demarcation of geographical areas and rules, restrictions and derogations related to production in such areas; the conditions under which a product specification may include additional requirements; the determination of the cases in which a single producer may apply for the protection of a geographical indication and the restrictions governing the type of applicant that may apply for such protection; the establishment of the conditions to be complied with in respect of an application for the protection of a geographical indication, scrutiny by the Commission, the objection procedure and procedures for amendment and cancellation of geographical indications; the establishment of the conditions applicable to trans-border applications; the setting of the date for the submission of an application or a request, the date from which the protection applies and the date on which an amendment to a protection applies; the establishment of the conditions relating to amendments to product specifications, including the conditions when an amendment is considered minor and the conditions relating to the applications for, and approval of, amendments, which do not involve any change to the single document; the restrictions regarding the protected name; the nature and type of information to be notified in the exchange of information between Member States and the Commission, the methods of notification, the rules related to the access rights to information or information systems made available and the modalities of publication of the information. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(20) In order to ensure uniform conditions for the implementation of this Regulation with regard to the methods of analysis for determining the composition of aromatised wine products; decisions on conferring protection on geographical indications and on rejecting applications for such protection; decisions on cancelling the protection of geographical indications and of existing geographical designations; decisions on approval of application for amendments in the case of minor amendments to the product specifications; the information to be provided in the product specification with regard to the definition of geographical indication; the means of making decisions on protection or rejection of geographical indications available to the public; relating to the submission of trans-border applications; checks and verifications to be carried out by Member States; the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, and the procedure, including admissibility, for requests for objection, cancellation or conversion and the submission of information relating to existing geographical designations; administrative and physical checks to be carried out by Member States; and rules on providing the information necessary for the application of the provision concerning the exchange of information between Member States and the Commission, the arrangements for the management of the information to be notified, the content, form, timing, frequency and deadlines of the notifications and arrangements for transmitting or making information and documents available to the Member States, the competent authorities in third countries, or the public; implementing power should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(12).
(21) The Commission should, by means of implementing acts and, given their special nature, acting without applying Regulation (EU) No 182/2011, publish the single document in the Official Journal of the European Union, decide whether to reject an application for protection of a geographical indication on grounds of inadmissibility and establish and maintain a register of geographical indications protected under this Regulation, including the listing of existing geographical designations in that register or their removal from the register.
(22) The transition from the rules provided for in Regulation (EEC) No 1601/91 to those laid down in this Regulation could give rise to difficulties which are not dealt with in this Regulation. For that purpose, the power to adopt the necessary transitional measures should be delegated to the Commission.
(23) Sufficient time and appropriate arrangements should be allowed to facilitate a smooth transition from the rules provided for in Regulation (EEC) No 1601/91 to the rules laid down in this Regulation. In any event the marketing of existing stocks should be allowed after the application of this Regulation, until those stocks are exhausted.
(24) Since the objectives of this Regulation, namely the establishment of the rules on the definition, description, presentation and labelling of aromatised wine products and rules on the protection of geographical indications of aromatised wine products, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS REGULATION:
CHAPTER I SCOPE AND DEFINITIONS
Article 1 Subject matter and scope
1.This Regulation lays down rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products.
2.Regulation (EU) No 1169/2011 shall apply to the presentation and labelling of aromatised wine products, save as otherwise provided for in this Regulation.
3.This Regulation shall apply to all aromatised wine products placed on the market in [F1Great BritainF1] whether produced in [F2Great Britain, in Northern IrelandF2] or in third countries, as well as to those produced in [F1Great BritainF1] for export.
Article 2 Definitions
For the purpose of this Regulation, the following definitions apply:
‘sales denomination’ means the name of any of the aromatised wine products laid down in this Regulation;
‘description’ means the list of the specific characteristics of an aromatised wine product;
‘geographical indication’ means an indication which identifies an aromatised wine product as originating in a region, a specific place, or a country, where a given quality, reputation or other characteristics of that product is essentially attributable to its geographical origin.
[F3 ‘EU Regulation 251/2014’ means Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products as it had effect before IP completion day;
[F4 ‘an application to register a trade mark’ means an application to register a trade mark made under the TMA; F4]
‘an Article 16 approval notice’ means a notice published under the second paragraph of Article 16 relating to a decision of the Secretary of State to grant an application to protect a geographical indication;
[F5 ‘bridging arrangements’ has the meaning given in Article 19c(2)(b); F5]
‘constituent nation’ means England, Northern Ireland, Scotland or Wales;
‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom;
‘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 the agreement and ‘entry into force’ is to be construed accordingly;
‘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;
‘EUIA’ means an international agreement made between the European Union and a third country that provides for the protection of a geographical indication of the third country in the European Union;
‘EUWA’ means the European Union (Withdrawal) Act 2018 ;
‘FTT’ means the First-tier Tribunal;
‘Great Britain's GIs Register’ means the register established and maintained by the Secretary of State pursuant to Article 21;
‘the original applicant’, 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 25, or following the submission of an application under Article 11, 13a or 24, or a request submitted under Article 25, means the person who submitted the application or request;
‘the relevant period’ means the period beginning 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;
‘ [F6 assimilated F6] law’ has the meaning given in section 6(7) of the EUWA but does not include any legislation so far as it extends to Northern Ireland;
‘third country’ means—
for the purposes of the definition of ‘EUIA’ in point (10), Article 19c and Annex 2A, any country other than:
any part of the British Islands, or
a member State;
for all other purposes, any country other than the United Kingdom, and includes:
the Bailiwick of Guernsey;
the Bailiwick of Jersey;
the Isle of Man;
‘the TMA’ means the Trade Marks Act 1994 ;
‘the Types Table’ means the table in Part C of Annex 2A. F3]
CHAPTER II DEFINITION, DESCRIPTION, PRESENTATION AND LABELLING OF AROMATISED WINE PRODUCTS
Article 3 Definition and classification of aromatised wine products
1.Aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories:
(a)aromatised wines;
(b)aromatised wine-based drinks;
(c)aromatised wine-product cocktails.
2.Aromatised wine is a drink:
(a) obtained from one or more of the grapevine products defined in point 5 of Part IV of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013 , with the exception of ‘Retsina’ wine;
(b)in which the grapevine products referred to in point (a) represent at least 75 % of the total volume;
(c)to which alcohol may have been added;
(d)to which colours may have been added;
(e)to which grape must, partially fermented grape must or both may have been added;
(f)which may have been sweetened;
(g)which has an actual alcoholic strength by volume of not less than 14,5 % vol. and less than 22 % vol. and a total alcoholic strength by volume of not less than 17,5 % vol.
3.Aromatised wine-based drink is a drink:
(a) obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013 , with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;
(b)in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;
(c)to which no alcohol has been added, except where Annex II provides otherwise;
(d)to which colours may have been added;
(e)to which grape must, partially fermented grape must or both may have been added;
(f)which may have been sweetened;
(g)which has an actual alcoholic strength by volume of not less than 4,5 % vol. and less than 14,5 % vol.
4.Aromatised wine-product cocktail is a drink:
(a) obtained from one or more of the grapevine products defined in points 1, 2 and 4 to 11 of Part II of Annex VII to Regulation (EU) No 1308/2013 , with the exception of wines produced with the addition of alcohol and ‘Retsina’ wine;
(b)in which the grapevine products referred to in point (a) represent at least 50 % of the total volume;
(c)to which no alcohol has been added;
(d)to which colours may have been added;
(e)which may have been sweetened;
(f)which has an actual alcoholic strength by volume of more than 1,2 % vol. and less than 10 % vol.
Article 4 Production processes and methods of analysis for aromatised wine products E1
1.Aromatised wine products shall be produced in accordance with the requirements, restrictions and descriptions laid down in Annexes I and II.
2.The [F7Secretary of State may make regulationsF7] concerning the establishment of authorised production processes for obtaining aromatised wine products, taking into account consumers’ expectations.
In establishing the authorised production processes referred to in the first subparagraph, the [F8Secretary of StateF8] shall take into account the production processes recommended and published by the OIV.
3.F10The [F9Secretary of State may, by regulations, specify theF9] methods of analysis for determining the composition of aromatised wine products. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued. ...
F11...
4.The oenological practices and restrictions laid down in [F12accordance with Articles 74, 75(4) and 80 of Regulation (EU) No 1308/2013F12][F12 paragraphs A to D of Part 1 of Annex 8 to Regulation (EU) No 1308/2013 and Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV filesF12] shall apply to the grapevine products used in the production of aromatised wine products.
Article 4 Production processes and methods of analysis for aromatised wine products E2
1.Aromatised wine products shall be produced in accordance with the requirements, restrictions and descriptions laid down in Annexes I and II.
2.The [F140Secretary of State may make regulationsF140] concerning the establishment of authorised production processes for obtaining aromatised wine products, taking into account consumers’ expectations.
In establishing the authorised production processes referred to in the first subparagraph, the [F141Secretary of StateF141] shall take into account the production processes recommended and published by the OIV.
3.F143The [F142Secretary of State may, by regulations, specify theF142] methods of analysis for determining the composition of aromatised wine products. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued. ...
F144...
4.The oenological practices and restrictions laid down [F145in Annex VIII toF145] Regulation (EU) No 1308/2013[F146 , Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files, and regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020F146] shall apply to the grapevine products used in the production of aromatised wine products.
Article 5 Sales denominations
1.The sales denominations set out in Annex II shall be used for any aromatised wine product placed on the market in [F13Great BritainF13] , provided that it complies with the requirements for the corresponding sales denomination laid down in that Annex. Sales denominations may be supplemented by a customary name as defined in Article 2(2)(o) of Regulation (EU) No 1169/2011.
2.Where aromatised wine products comply with the requirements of more than one sales denomination, the use of only one of those sales denominations is authorised, except where Annex II provides otherwise.
3. An alcoholic beverage not fulfilling the requirements laid down in this Regulation shall not be described, presented or labelled by associating words or phrases such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’ or any other term similar to any of the sales denominations.
4.Sales denominations may be supplemented or replaced by a geographical indication protected under this Regulation.
5.Without prejudice to Article 26, sales denominations shall not be supplemented by protected designations of origin or protected geographical indications allowed for wine products.
Article 6 Additional particulars to the sales denominations
1.The sales denominations referred to in Article 5 may also be supplemented by the following particulars concerning the sugar content of the aromatised wine product:
:
in the case of products with a sugar content of less than 30 grams per litre and, for the category of aromatised wines and by way of derogation from Article 3(2)(g), a minimum total alcoholic strength by volume of 15 % vol.;
:
in the case of products with a sugar content of less than 50 grams per litre and, for the category of aromatised wines and by way of derogation from Article 3(2)(g), a minimum total alcoholic strength by volume of 16 % vol.;
:
in the case of products with a sugar content of between 50 and less than 90 grams per litre;
:
in the case of products with a sugar content of between 90 and less than 130 grams per litre;
:
in the case of products with a sugar content of 130 grams per litre or more.
The sugar content indicated in points (a) to (e) of the first subparagraph is expressed as invert sugar.
The particulars ‘semi-sweet’ and ‘sweet’ may be accompanied by an indication of the sugar content, expressed in grams of invert sugar per litre.
2. Where the sales denomination is supplemented by or includes the particular ‘sparkling’, the quantity of sparkling wine used shall be not less than 95 %.
3.Sales denominations may also be supplemented by a reference to the main flavouring used.
Article 7 Indication of provenance
F14 Where the provenance of aromatised wine products is indicated, it shall correspond to the place where the aromatised wine product is produced. The provenance shall be indicated with the words ‘produced in (…)’, or expressed in equivalent terms, supplemented by the name of the corresponding ... country.
Article 8 Use of language in the presentation and labelling of aromatised wine products
1.The sales denominations set out in italics in Annex II shall not be translated on the label or in the presentation of aromatised wine products.
Additional particulars provided for in this Regulation shall, where expressed in words, appear in at least one of the official languages of the Union.
2.The name of the geographical indication protected under this Regulation shall appear on the label in the language or languages in which it is registered, even where the geographical indication replaces the sales denomination in accordance with Article 5(4).
Where the name of a geographical indication protected under this Regulation is written in a non-Latin alphabet, it may also appear in one or more of the official languages of the Union.
F15Article 9 Stricter rules decided by Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III GEOGRAPHICAL INDICATIONS
[F16Article 9a Definitions: types of geographical indication
In Article 19a and Annex 2A any reference to:
(a) ‘a type 1 geographical indication’ means a geographical indication listed in column 2 of row 1 of the Types Table;
(b) ‘a type 2A geographical indication’ means a geographical indication of the type described in column 2 of row 2 of the Types Table to which paragraph 1 or 2 of column 3 of that row applies;
(c) ‘a type 2B geographical indication’ means a geographical indication 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 geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which paragraph 1 or 2 in column 3 of row 2 of that table applies;
(e) ‘a type 3B geographical indication’ means a geographical indication of the type described in column 2 of row 3 of the Types Table to which the provisions in column 4 of row 2 of that table apply. F16]
Article 10 Content of applications for protection
1.Applications for the protection of names as geographical indications shall include a technical file containing:
(a)the name to be protected;
(b)the name and address of the applicant;
(c)a product specification as referred to in paragraph 2; and
(d)a single document summarising the product specification referred to in paragraph 2.
2.To be eligible for a geographical indication protected under this Regulation a product shall comply with the corresponding product specification which shall include at least:
(a)the name to be protected;
(b)a description of the product, in particular its principal analytical characteristics as well as an indication of its organoleptic characteristics;
(c)where applicable, the particular production processes and specifications as well as the relevant restrictions on making the product;
(d)the demarcation of the geographical area concerned;
(e)the details bearing out the link referred to in point (3) of Article 2;
(f)F17the applicable requirements ..., having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with [F18assimilatedF18] law;
(g)an indication of the main raw material from which the aromatised wine product is obtained;
(h)the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
[F19 3.In this Article:
(a) ‘the applicable requirements’ means:
(i)where the geographical area concerned is located in, or partly in, Great Britain, provisions in any enactment regulating the use of the geographical indication in Great Britain;
(ii)where the geographical area concerned is located 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 to 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 in the EU withdrawal agreement;
(iii)where the geographical area concerned is located in, or partly in, a third country:
(aa)requirements laid down in law regulating the use of the geographical indication in the third country in which the relevant 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 located, provisions laid down by an organisation that manages the geographical indication regulating the use of the geographical indication in that country;
(b) ‘enactment’ means the following legislation whenever passed or made:
(i)an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland;
(ii)[F20 assimilated directF20] legislation, except to the extent that it extends to Northern Ireland;
(iii)an Act of the Scottish Parliament, and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(iv)a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.F19]
Article 11 Application for protection relating to a geographical area in a third country
1.Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 10, proof that the name in question is protected in its country of origin.
2.The application for protection shall be sent to the [F21Secretary of StateF21] , either directly by the applicant or via the authorities of the third country concerned.
3.The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Article 12 Applicants
1.Any interested group of producers, or in exceptional cases a single producer, may lodge an application for protection of a geographical indication. Other interested parties may participate in the application for protection.
2.Producers may lodge an application for protection only for aromatised wine products which they produce.
3.In the case of a name designating a trans-border geographical area, a joint application for protection may be lodged.
F22Article 13 Preliminary national procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F23Article 13a Application for protection relating to a geographical 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 submitted to the Secretary of State.F23]
Article 14 Scrutiny by the [F24Secretary of StateF24]
1.The [F25Secretary of StateF25] shall make the date of submission of the application for protection public.
2.The [F26Secretary of StateF26] shall examine whether the applications for protection [F27submitted to the Secretary of StateF27] meet the conditions laid down in this Chapter.
3.Where the [F28Secretary of StateF28] considers that the conditions laid down in this Chapter are met, [F29the 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 appropriate to the Secretary of State from time to timeF29] .
4.Where the [F30Secretary of StateF30] considers that the conditions laid down in this Chapter are not met, [F31the Secretary of State mustF31] reject the application. [F32After 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 decision 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.F32]
Article 15 Objection procedure
Within two months from the date of publication provided for in Article 14(3), any [F33natural or legal person with a legitimate interest, or the authorities ofF33] a third country, may object to the proposed protection by lodging with the [F34Secretary of StateF34] a duly substantiated statement relating to the conditions of eligibility as laid down in this Chapter.
In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.
Article 16 Decision on protection
F36,F39On the basis of the information available to the [F35Secretary of StateF35] upon the completion of the objection procedure referred to in Article 15, the [F35Secretary of StateF35] shall... either confer protection on the geographical indication which meets the conditions laid down in this Chapter and is compatible with [[F37,F38 assimilatedF38] law by approving the applicationF37] , or reject the application where those conditions are not met. ...
[F40 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 appeal 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 the approved product specification.F40]
Article 17 Homonyms
1.A name, for which an application for protection is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation, shall be registered with due regard for local and traditional usage and for any risk of confusion.
2.A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
3.The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.
Article 18 Grounds for refusal of protection
1.Names that have become generic shall not be protected as a geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the [F41 United Kingdom F41] .
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a)the existing situation in the [F42United KingdomF42] , notably in areas of consumption;
(b)F43the relevant ... law.
2.A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.
[F44 3. In this Article, ‘the relevant law’ means 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)[F45 assimilated directF45] legislation;
(c)Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies 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 agreement;
(d)an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(e)a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.F44]
Article 19 Relationship with trademarks
1.Where a geographical indication is protected under this Regulation, the registration of a trademark the use of which falls under Article 20(2) and relating to an aromatised wine product shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the geographical indication to the [F46Secretary of StateF46] and the geographical indication is subsequently protected.
Trademarks registered in breach of the first subparagraph shall be invalidated.
2.Without prejudice to Article 17(2), a trademark the use of which falls under Article 20(2), which has been applied for, registered or established by use, [F47in the United KingdomF47] before the date on which the application for protection of the geographical indication is submitted to the [F48Secretary of StateF48] , may continue to be used and renewed notwithstanding the protection of a geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified [F49in, or under, the TMAF49] .
In such cases the use of the geographical indication shall be permitted alongside the relevant trademarks.
[F50Article 19a Transitional provisions: relationship with trade marks
1.Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during 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 indication.
2.Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during 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 accepted but before the trade mark is registered:
(i)in the case of a type 2B geographical indication:
(aa)the international agreement referred to in paragraph (c) of column 2 of row 2 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and
(bb)the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;
(ii)in the case of a type 3B geographical indication:
(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 the attention of the registrar before the trade mark is registered.
3.Where an application for a declaration of invalidity is made under the TMA (as applied by Article 19b(1) and modified by Article 19b(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, and
(c)in the case of a type 3B geographical indication, the Secretary of State publishes an Article 16 approval notice relating to the geographical indication on or after the day on which the trade mark application is accepted.
4.This paragraph applies where a column 5 date applies in relation to a category A or B geographical indication and, taking account of any 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 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 category A or B geographical indication.
5.As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 2A or 3A geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the geographical indication 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 geographical indication
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 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 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 indication that is not on Great Britain's GIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the geographical indication is to be treated, for the purpose of the assessment, as being a geographical indication protected under this Regulation in determining whether the use of the trade mark will contravene Article 20(2) in relation to that geographical indication.
8.A trade mark that could be used in the United Kingdom under Article 19(2) of EU Regulation 251/2014 immediately before IP completion 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 or 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 completion day:
(a)notwithstanding that the use of the renewed trade mark would contravene Article 20(2) in Great Britain in relation to a geographical indication registered by the Secretary of State under this Regulation;
(b)provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.
10.Where paragraph 8 or 9 applies to the use or renewal 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:
(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 type of geographical indication;
(e) ‘date of filing’:
(i)in the case of an EUTM-based trade mark application, 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 application, means:
(aa)in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);
(bb)in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as 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 application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;
(g) ‘existing EUTM application’ has the same meaning 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 same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;
(j) ‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the 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 section 62 of the TMA.
12.Any reference in this Article to:
(a) ‘priority claimed in respect of an application’:
(i)in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;
(ii)in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;
(iii)in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;
(b) an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject 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.F50]
[F50Article 19b Application and modification of trade mark provisions
1.For the purpose of Article 19a, the following provisions 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 (invalidation 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 evidence of validity);
(c)section 73 (certificate of validity of contested application);
(d)section 74 (registrar's appearance in proceedings 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 determine appeals).
2.The modifications are:
(a)section 47 applies as if:
(i) in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 19b(1) of Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection 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 Regulation (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 ‘under’ to the end there were substituted ‘made under Article 19a of Regulation (EU) No 251/2014 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 were inserted ‘as applied by Article 19b(1) of Regulation (EU) No 251/2014 of the European Parliament and of the Council ’.
3.In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:
(a)an application to invalidate a trade mark referred to in Article 19a(3);
(b)an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).F50]
[F51Article 19c Third Country geographical indications covered by bridging arrangements
1.A geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s GIs Register.
2. This paragraph applies to a geographical indication which relates to a geographical area in a third country (“C”) which:
(a)was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and
(b) is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).
3. For the purposes of this Article, “the protection period”, in relation to a geographical indication, is the period for which:
(a)the relevant bridging arrangements have effect, or
(b)if only part of the relevant bridging arrangements relates to the geographical indication, that part has effect.
4. In this Article “qualifying international agreement” means an international agreement between the United Kingdom and C, which has been initialled. F51]
[F51Article 19d Transitional provisions: relations between trade marks and geographical indications when bridging arrangements are in effect
1.Where a geographical indication is entered on Great Britain’s GIs Register under Article 19c, Articles 19a and 19b and Annex 2A apply for the purposes of determining:
(a)whether an application to register a trade mark which was pending before IP completion day or was made during the relevant period, must be refused, or
(b)if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,
but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).
2.The modifications mentioned in paragraph 1 are that Articles 19a and 19b and Annex 2A are to be read as if:
(a)in the case of a type A term, any reference to a type 1A geographical indication included a reference to a type A term;
(b)in the case of a type B term, any reference to a type 1B designation of origin or geographical indication included a reference to a type B term.
3.In addition, Article 19b and Annex 2A are to be read as if any reference to Article 19a included a reference to that Article as applied by this Article.
4.The Secretary of State may, by regulations, make such further modifications to Article 19a or 19b or Annex 2A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to geographical indications and trade marks before IP completion day continue to apply appropriately during the relevant period.
5.For the purposes of this Article:
-
‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 19b(1) and modified by Article 19b(2)) in relation to the registration of a trade mark;
-
‘type A term’ means a geographical indication which—
(i)is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s GIs Register under Article 19c, or
(ii)is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;
-
‘type B term’ means a geographical indication which is not entered in the register under Article 19c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted. F51]
Article 20 Protection
1.Geographical indications protected under this Regulation may be used by any operator marketing an aromatised wine product which has been produced in conformity with the corresponding product specification.
2.Geographical indications protected under this Regulation and the aromatised wine products using those protected names in conformity with the product specification shall be protected against:
(a)any direct or indirect commercial use of a protected name:
by comparable products not complying with the product specification of the protected name; or
in so far as such use exploits the reputation of a geographical indication;
(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
(c)any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
(d)any other practice liable to mislead the consumer as to the true origin of the product.
3.Geographical indications protected under this Regulation shall not become generic in [F52Great BritainF52] within the meaning of Article 18(1).
F534.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 21 Register
[F54 1F54] .The [F55Secretary of State mustF55] establish and maintain an electronic register of geographical indications protected under this Regulation for aromatised wine products which shall be publicly accessible.
[F56 2.Where the Secretary of State publishes a decision 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 countries 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 paragraph 2(b) has been attached to the register.
4.Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the amendment includes a change that affects the information recorded in the register for the geographical 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 data, in the register, and
(b)replace the copy of the product specification attached to the register with a copy of the approved amended product specification.
5.The new data recorded in the register pursuant to paragraph 4(a) and the provisions in the approved amended product specification attached 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 is attached to the register.
6.Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the change in the product specification does not affect the information recorded in the register pursuant to paragraph 2, the Secretary 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 decision notice has expired.
7.The approved amended product specification attached to the register pursuant to paragraph 6 comes into force immediately after it is attached to the register.
8.Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve a change in a product specification for a geographical indication that is minor, the Secretary 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 attached to the register pursuant to paragraph 8 comes into force immediately after it is attached to the register.
10.Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to cancel the protection of a geographical indication, the Secretary of State must delete the entry relating to the geographical indication in the register as soon as possible after the notice period for the cancellation decision notice has expired. The cancellation takes effect immediately after the entry is removed from the register.F56]
[F57 11F57] .Geographical indications pertaining to products of third countries that are protected in [F58Great BritainF58] pursuant to an international agreement to which the [F59United KingdomF59] is a contracting party may be entered in the register referred to in [F60paragraph 1F60] as geographical indications protected under this Regulation.
[F61 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 and the entry is recorded on the register as established during that period, on IP completion day;
(b)in any other case, immediately the entry is recorded 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 published under the second paragraph of Article 16 as it applies to an application for an amendment to a product specification that is not minor by virtue of Article 24(2);
(iii)in paragraph 8 means a notice published under Article 24(3);
(iv)in paragraph 10 means a notice published under 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 Article, ‘notice period’ means the period of 20 days from the day on which the relevant notice is published by the Secretary of State, beginning with the day on which the notice is published.
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 information as amended from time to time. F61]
F62Article 22 Designation of competent authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 23 Verification of compliance with specifications
1.In respect of geographical indications protected under this Regulation relating to a geographical area within [F63Great BritainF63] , annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)the competent authority [F64designated by regulation 4 of the Wine Regulations 2011 as it extends to Great BritainF64] ; or
(b)one or more [F65delegatedF65] bodies responsible for the verification within the meaning of point 5 of [F66Article 2 of 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 feed law, rules on animal health and welfare, plant health and plant protection productsF66] operating as a product certification body in accordance with the requirements laid down in Article 5 of that Regulation.
The costs of such verification shall be borne by the operators subject to it.
[F67 1a.In respect of geographical indications protected under this Regulation relating to a geographical area in Northern Ireland, annual verification 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.F67]
2.In respect of geographical indications protected under this Regulation relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)one or more public authorities designated by the third country; or
(b)one or more certification bodies.
3.The bodies referred to in point (b) of paragraph 1 [F68, point (b) of paragraph 1aF68] and point (b) of paragraph 2 shall comply with, and be accredited in accordance with, the Standard EN ISO/IEC 17065:2012 (Conformity assessments — Requirements for bodies certifying products processes and services).
4.Where the authority or authorities referred to in point (a) of paragraph 1 [F69, point (b) of paragraph 1aF69] and point (a) of paragraph 2 verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.
Article 24 Amendments to product specifications
1.An applicant satisfying the conditions of Article 12 may apply [F70to the Secretary of StateF70] for approval of an amendment to the product specification of a geographical indication protected under this Regulation, in particular in order to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of Article 10(2). Applications shall describe and give reasons for the amendments requested.
2.F73Where the proposed amendment involves one or more changes to the single document referred to in point (d) of Article 10(1), Articles [F7114F71] to 16 shall apply mutatis mutandis to the application for amendment. However, if the proposed amendment is only minor, the [F72Secretary of State mustF72] decide whether to approve the application without following the procedure laid down in Article 14(2) and Article 15 ....
[F74 3.The Secretary of State, after making a decision in relation to an application for a proposed amendment that is minor, 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 appeal 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 the approved amended product specification for the geographical indication.F74]
Article 25 Cancellation
F76,F77,F78The [F75Secretary of State may, on the Secretary of State'sF75] own initiative or at the duly substantiated request of ... a third country or of a natural or legal person having a legitimate interest, decide... to cancel the protection of a geographical indication if compliance with the corresponding product specification is no longer ensured. ...
Articles [F7914F79] to 16 shall apply mutatis mutandis.
[F80Article 25a Appeals: general
1.An appeal may be made to the FTT against a decision 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 corresponding entry in column 2 of the table in Annex 2B;
(b)in the case of a decision affecting an application 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 afresh;
(b)may take into account evidence that was not available to the Secretary of State.
4.The FTT may:
(a)dismiss the appeal, or
(b)if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Annex 2B.
5.Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:
(a)the Secretary of State, after making a fresh decision, 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) and 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.F80]
[F80Article 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 Annex 2B (‘the original decision’) afresh if evidence becomes available to the Secretary of State 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 been 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 the Secretary of State's decision to consider the original decision afresh and 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) and the public of that decision;
(b)the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter;
(c)the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and 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) and the public of that decision and the reasons for that decision.
4.If the Secretary of State makes the same decision again, the appeal to the FTT restarts.
5.If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.F80]
Article 26 [F81EstablishedF81] geographical designations
1.F83[F82 Established protectedF82] geographical designations of aromatised wine products ... shall automatically be protected as geographical indications under this Regulation. The [F84Secretary of State mustF84] , list them in the register provided for in Article 21 of this Regulation. [F85The entries made to the register are to be treated as taking effect on IP completion day.F85]
F862.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F863.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F864.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87Article 27 Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 28 [F88Power to make regulationsF88]
1.In order to take account of the specific characteristics of the production in the demarcated geographical area, the [F89Secretary of State may make regulationsF89] concerning:
(a)criteria for the demarcation of the geographical area; and
(b)rules, restrictions and derogations related to the production in the demarcated geographical area.
2.In order to ensure product quality and traceability, the [F90Secretary of State may make regulationsF90] in order to establish the conditions under which product specifications may include additional requirements to those referred to in Article 10(2)(f).
3.In order to ensure the rights or legitimate interests of producers or operators, the [F91Secretary of State may make regulationsF91] in order to:
(a)determine the cases in which a single producer may apply for the protection of a geographical indication;
(b)determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication;
(c)establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the [F92Secretary of StateF92] , the objection procedure, and procedures for amendment and cancellation of geographical indications;
(d)establish the conditions applicable to transborder applications;
(e)set the date of submission of an application or a request;
(f)set the date from which protection shall run;
[F93 (fa)amend Article 21(3) as regards the date from which protection runs;F93]
(g)establish the conditions under which an amendment is to be considered as minor as referred to in Article 24(2);
(h)set the date on which an amendment shall enter into force;
[F94 (ha)amend Article 21(5), (7) or (9) as regards the date on which an amendment enters into force;F94]
(i)establish the conditions relating to the applications for, and approval of, amendments to the product specification of a geographical indication protected under this Regulation, where such amendments do not involve any change to the single document referred to in point (d) of Article 10(1).
4.In order to ensure adequate protection, the [F95Secretary of State may make regulationsF95] concerning the restrictions regarding the protected name.
Article 29 [F96Further power to make regulationsF96]
1.The [F97Secretary of State may make regulationsF97] related to this Chapter regarding:
(a)the information to be provided in the product specification with regard to the link referred to in point (3) of Article 2 between the geographical area and the final product;
(b)the means of making the decisions on protection or rejection referred to in Article 16 available to the public;
(c)the submission of trans-border applications;
(d)checks and verification to be carried out by the [F98authorities specified in those regulationsF98] , including testing.
F99...
2.The [F100Secretary of State may, by regulations, make provision forF100] all necessary measures related to this Chapter as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, as well as the procedure, including admissibility, for requests for objection [F101or cancellationF101] , and the submission of information relating to [F102establishedF102] protected geographical designations, in particular with respect to:
(a)models for documents and the transmission format;
(b)time limits;
(c)the details of the facts, evidence and supporting documents to be submitted in support of the application or request.
F103...
Article 30 Inadmissible application or request
Where an application or a request submitted under this Chapter is deemed inadmissible, the [F104Secretary of State mustF104] reject it as inadmissible.
CHAPTER IV GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 31 Checks and verification of aromatised wine products
F1051.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.F107The [F106Secretary of State may make regulationsF106] concerning administrative and physical checks to be conducted ... with regard to the respect of obligations resulting from the application of [F108Chapter 2 ofF108] this Regulation.
F109...
[F110 The Secretary of State may make regulations concerning the administrative and physical checks to be conducted with regard to the respect of obligations resulting from the application of Chapter 3 of this Regulation.F110]
Article 32 Exchange of information
1.[F111 The specified authorities in Great BritainF111] shall notify each other of any information necessary for the application of this Regulation and for complying with the international obligations concerning the aromatised wine products. That information may, where appropriate, be transmitted or made available to the competent authorities of [F112Northern Ireland andF112] third countries and may be made public.
2.In order to make the notifications referred to in paragraph 1 fast, efficient, accurate, and cost effective, the [F113Secretary of State may make regulations layingF113] down:
(a)the nature and type of the information to be notified;
(b)the methods of notification;
(c)the rules related to the access rights to the information or information systems made available;
(d)the conditions and means of publication of the information.
3.[F114 The Secretary of State may, by regulations, makeF114] :
(a)rules on providing the information necessary for the application of this Article;
(b)arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
(c)arrangements for transmitting or making information and documents available to the [F115specified authorities in Great Britain, authorities in Northern Ireland andF115] in third countries, or the public.
F116...
[F117 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.F117]
[F118Article 33 Provisions relating to regulations
1.Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.
2.Such regulations may:
(a)contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking 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 pursuance of a resolution of either House of Parliament.
4.A statutory instrument containing regulations under Article 4(2), 19d(4), 28 or 32(2) may not be made unless a draft of the instrument has been laid 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;
(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 [F119 assimilated direct principalF119] legislation, except to the extent that they extend to Northern Ireland;
(c)[F120 assimilated direct minorF120] legislation, except to the extent that it extends to Northern Ireland.F118]
F121Article 34 Committee procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 35 Repeal
Regulation (EEC) No 1601/91 is hereby repealed as from 28 March 2015.
References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III to this Regulation.
Article 36 Transitional measures
F1221.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Aromatised wine products not meeting the requirements of this Regulation but which [F123wereF123] produced in accordance with Regulation (EEC) No 1601/91[F124 as it had effect in Great Britain immediatelyF124] prior to [X128 March 2015X1] may be placed on the market until stocks are exhausted.
3.F125,F125Aromatised wine products which comply with Articles 1 to 6 ... of this Regulation and which [F126wereF126] produced prior to [X128 March 2015X1] may be placed on the market until stocks are exhausted, provided that such products comply with Regulation (EEC) No 1601/91[F127 , as that Regulation had effect in Great Britain immediately before it was repealed,F127] in respect of all aspects not regulated by Articles 1 to 6 ... of this Regulation.
Article 37 Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129 ...
ANNEX I TECHNICAL DEFINITIONS, REQUIREMENTS AND RESTRICTIONS
(1) Flavouring
The following products are authorised for the flavouring of aromatised wines:
natural flavouring substances and/or flavouring preparations as defined in Article 3(2)(c) and (d) of Regulation (EC) No 1334/2008;
flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008, which:
-
are identical to vanillin,
-
smell and/or taste of almonds,
-
smell and/or taste of apricots,
-
smell and/or taste of eggs; and
aromatic herbs and/or spices and/or flavouring foodstuffs.
The following products are authorised for the flavouring of aromatised wine-based drinks and aromatised wine-product cocktails:
flavouring substances and/or flavouring preparations as defined in Article 3(2)(b) and (d) of Regulation (EC) No 1334/2008; and
aromatic herbs and/or spices and/or flavouring foodstuffs.
Addition of such substances confers on the final product organoleptic characteristics other than those of wine.
(2) Sweetening
The following products are authorised for the sweetening of aromatised wine products:
semi-white sugar, white sugar, extra-white sugar, dextrose, fructose, glucose syrup, sugar solution, invert sugar solution, invert sugar syrup, as defined in Council Directive 2001/111/EC(13);
grape must, concentrated grape must and rectified concentrated grape must, as defined in points 10, 13 and 14 of Part II of Annex VII to Regulation (EU) No 1308/2013;
burned sugar, which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;
honey as defined in Council Directive 2001/110/EC(14);
carob syrup;
any other natural carbohydrate substances having a similar effect to those products.
(3) Addition of alcohol
The following products are authorised for the preparation of some aromatised wines and, some aromatised wine-based drinks:
ethyl alcohol of agricultural origin, as defined in Annex I, point 1, to Regulation (EC) No 110/2008, including viticultural origin;
wine alcohol or dried grape alcohol;
wine distillate or dried grape distillate;
distillate of agricultural origin, as defined in Annex I, point 2, to Regulation (EC) No 110/2008;
wine spirit, as defined in Annex II, point 4, to Regulation (EC) No 110/2008;
grape-marc spirit, as defined in Annex II, point 6, to Regulation (EC) No 110/2008;
spirit drinks distilled from fermented dried grapes.
The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of aromatised wine products must be of agricultural origin and must be used in the dose strictly necessary and is not considered as addition of alcohol for the purpose of production of an aromatised wine product.
(4) Additives and colouring
The rules on food additives, including colours, laid down in Regulation (EC) No 1333/2008 apply to aromatised wine products.
(5) Addition of water
For the preparation of aromatised wine products, the addition of water is authorised provided that it is used in the dose necessary:
-
to prepare flavouring essence,
-
to dissolve colorants and sweeteners,
-
to adjust the final composition of the product.
The quality of the water added has to be in conformity with [F130any relevant water quality legislationF130] , and it should not change the nature of the product.
This water may be distilled, demineralised, permuted or softened.
[F131 In this point, ‘relevant water quality legislation’ means:
(a)in relation to aromatised wine products marketed in England:
(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;
(ii)the Water Supply (Water Quality) Regulations 2016;
(iii)the Private Water Supplies (England) Regulations 2016;
(b)in relation to aromatised wine products marketed in Scotland:
(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007;
(ii)the Public Water Supplies (Scotland) Regulations 2014;
(iii)the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017;
(c)in relation to aromatised wine products marketed in Wales:
(i)the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015;
(ii)the Private Water Supplies (Wales) Regulations 2017;
(iii)the Water Supply (Water Quality) Regulations 2018.F131]
(6) For the preparation of aromatised wine products, the addition of carbon dioxide is authorised.
(7) Alcoholic strength
‘Alcoholic strength by volume’ means the ratio of the volume of pure alcohol contained in the product in question at a temperature of 20 °C to the total volume of that product at the same temperature.
‘Actual alcoholic strength by volume’ means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature.
‘Potential alcoholic strength by volume’ means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at the same temperature.
‘Total alcoholic strength by volume’ means the sum of the actual and potential alcoholic strengths by volume.
ANNEX II SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE PRODUCTS
A. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINES
(1) Aromatised wine
Products complying with the definition set out in Article 3(2).
(2) Wine-based aperitif
Aromatised wine to which alcohol may have been added.
The use of the term ‘aperitif’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation.
(3) Vermouth
Aromatised wine:
-
to which alcohol has been added, and
-
whose characteristic taste has been obtained by the use of appropriate substances of Artemisia species.
(4) Bitter aromatised wine
Aromatised wine with a characteristic bitter flavour to which alcohol has been added.
The sales denomination ‘bitter aromatised wine’ is followed by the name of the main bitter-flavouring substance.
The sales denomination ‘bitter aromatised wine’ may be supplemented or replaced by the following terms:
-
‘Quinquina wine’, whose main flavouring is natural quinine flavouring,
-
‘ Bitter vino ’, whose main flavouring is natural gentian flavouring and which has been coloured with authorised yellow and/or red colour; the use of the word ‘bitter’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation,
-
‘ Americano ’, where the flavouring is due to the presence of natural flavouring substances derived from wormwood and gentian and which has been coloured with authorised yellow and/or red colours.
(5) Egg-based aromatised wine
Aromatised wine:
-
to which alcohol has been added,
-
to which good-quality egg yolk or extracts thereof have been added,
-
which has a sugar content expressed in terms of invert sugar of more than 200 grams, and
-
in the preparation of which the minimum quantity of egg yolk used in the mixture is 10 grams per litre.
The sales denomination ‘egg-based aromatised wine’ may be accompanied by the term ‘ cremovo ’ where such product contains wine of the protected designation of origin ‘Marsala’ in a proportion of not less than 80 %.
The sales denomination ‘egg-based aromatised wine’ may be accompanied by the term ‘ cremovo zabaione ’, where such product contains wine of the protected designation of origin ‘Marsala’ in a proportion of not less than 80 % and has an egg yolk content of not less than 60 grams per litre.
(6) Väkevä viiniglögi/Starkvinsglögg
An aromatised wine:
-
to which alcohol has been added, and
-
whose characteristic taste has been obtained by the use of cloves and/or cinnamon.
B. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE BASED DRINKS
(1) Aromatised wine-based drink
Products complying with the definition set out in Article 3(3).
(2) Aromatised fortified wine-based drink
Aromatised wine-based drink
-
to which alcohol has been added,
-
which has actual alcoholic strength by volume not less than 7 % vol.,
-
which has been sweetened,
-
which is obtained from white wine,
-
to which dried grape distillate has been added, and
-
which has been flavoured exclusively by cardamom extract;
or
-
to which alcohol has been added,
-
which has actual alcoholic strength by volume not less than 7 % vol.,
-
which has been sweetened,
-
which is obtained from red wine, and
-
to which flavouring preparations obtained exclusively from spices, ginseng, nuts, citrus fruit essences and aromatic herbs, have been added.
(3) Sangría/Sangria
Aromatised wine-based drink
-
which is obtained from wine,
-
which is aromatised with the addition of natural citrus-fruit extracts or essences, with or without the juice of such fruit,
-
to which spices may have been added,
-
to which carbon dioxide may have been added,
-
which has not been coloured,
-
which have an actual alcoholic strength by volume of not less than 4,5 % vol., and less than 12 % vol., and
-
which may contain solid particles of citrus-fruit pulp or peel and its colour must come exclusively from the raw materials used.
‘ Sangría ’ or ‘ Sangria ’ may be used as a sales denomination only when the product is produced in Spain or Portugal. When the product is produced in [F132 another country F132] , ‘ Sangría ’ or ‘ Sangria ’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the [F133 country F133] of production or of a more restricted region.
(4) Clarea
Aromatised wine-based drink, which is obtained from white wine under the same conditions as for Sangría/Sangria.
‘ Clarea ’ may be used as a sales denomination only when the product is produced in Spain. When the product is produced in [F134 another country F134] , ‘ Clarea ’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’, provided that it is accompanied by the words: ‘produced in …’, followed by the name of the [F135 country F135] of production or of a more restricted region.
(5) Zurra
Aromatised wine-based drink obtained by adding brandy or wine spirit as defined in Regulation (EC) No 110/2008 to Sangría/Sangria and Clarea, possibly with the addition of pieces of fruit. The actual alcoholic strength by volume must be not less than 9 % vol. and less than 14 % vol.
(6) Bitter soda
Aromatised wine-based drink
-
which is obtained from ‘ bitter vino ’ the content of which in the finished product must not be less than 50 % by volume,
-
to which carbon dioxide or carbonated water has been added, and
-
which has an actual alcoholic strength by volume of not less than 8 % vol., and less than 10,5 % vol..
The use of the word ‘bitter’ in this context shall be without prejudice to its use to define products which do not fall within the scope of this Regulation.
(7) Kalte Ente
Aromatised wine-based drink
-
which is obtained by mixing wine, semi-sparkling wine or aerated semi-sparkling wine with sparkling wine or aerated sparkling wine,
-
to which natural lemon substances or extracts thereof have been added, and
-
which has an actual alcoholic strength by volume of not less than 7 % vol..
The finished product must contain not less than 25 % by volume of the sparkling wine or aerated sparkling wine.
(8) Glühwein
Aromatised wine-based drink
-
which is obtained exclusively from red or white wine,
-
which is flavoured mainly with cinnamon and/or cloves, and
-
which has an actual alcoholic strength by volume of not less than 7 % vol..
Without prejudice to the quantities of water resulting from the application of Annex I, point 2, the addition of water is forbidden.
Where it has been prepared from white wine, the sales denomination ‘ Glühwein ’ must be supplemented by words indicating white wine, such as the word ‘white’.
(9) Viiniglögi/Vinglögg/Karštas vynas
Aromatised wine-based drink
-
which is obtained exclusively from red or white wine,
-
which is flavoured mainly with cinnamon and/or cloves, and
-
which has an actual alcoholic strength by volume of not less than 7 % vol..
Where it has been prepared from white wine, the sales denomination ‘ Viiniglögi/Vinglögg/Karštas vynas ’ must be supplemented by words indicating white wine, such as the word ‘white’.
(10) Maiwein
Aromatised wine-based drink
-
which is obtained from wine in which Galium odoratum (L.) Scop. (Asperula odorata L.), plants or extracts thereof has been added so as to ensure a predominant taste of Galium odoratum (L.) Scop. (Asperula odorata L.), and
-
which has an actual alcoholic strength by volume of not less than 7 % vol..
(11) Maitrank
Aromatised wine-based drink
-
which is obtained from white wine in which Galium odoratum (L.) Scop. (Asperula odorata L.) plants have been macerated or to which extracts thereof have been added with the addition of oranges and/or other fruits, possibly in the form of juice, concentrated or extracts, and with maximum 5 % sugar sweetening, and
-
which has an actual alcoholic strength by volume of not less than 7 % vol..
(12) Pelin
Aromatised wine-based drink
-
which is obtained from red or white wine and specific mixture of herbs,
-
which has an actual alcoholic strength by volume of not less than 8,5 % vol., and
-
which has a sugar content expressed as invert sugar of 45-50 grams per litre, and a total acidity of not less than 3 grams per litre expressed as tartaric acid.
(13) Aromatizovaný dezert
Aromatised wine-based drink
-
which is obtained from white or red wine, sugar and dessert spices mixture,
-
which has an actual alcoholic strength by volume of not less than 9 % vol. and less than 12 % vol., and
-
which has a sugar content expressed as invert sugar of 90-130 grams per litre and a total acidity of at least 2,5 grams per litre expressed as tartaric acid.
‘ Aromatizovaný dezert ’ may be used as a sales denomination only when the product is produced in the Czech Republic. When the product is produced in [F136 another country F136] , ‘ Aromatizovaný dezert ’ may only be used to supplement the sales denomination ‘aromatised wine-based drink’ provided that it is accompanied by the words ‘produced in …’ followed by the name of the [F137 country F137] of production or of a more restricted region.
C. SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE-PRODUCT COCKTAILS
(1) Aromatised wine-product cocktail
Product complying with the definition set out in Article 3(4).
The use of the term ‘cocktail’ in this connection is without prejudice to its use to define products which do not fall within the scope of this Regulation.
(2) Wine-based cocktail
Aromatised wine-product cocktail
-
in which the proportion of concentrated grape must does not exceed 10 % of the total volume of the finished product,
-
which has an actual alcoholic strength by volume less than 7 % vol., and
-
in which the sugar content, expressed as invert sugar, is less than 80 grams per litre.
(3) Aromatised semi-sparkling grape-based cocktail
Aromatised wine-product cocktail
-
which is obtained exclusively from grape must,
-
which has an actual alcoholic strength by volume less than 4 % vol., and
-
which contains carbon dioxide obtained exclusively from fermentation of the products used.
(4) Sparkling wine cocktail
Aromatised wine-product cocktail, which is mixed with sparkling wine.
[F138ANNEX 2A TYPES OF GEOGRAPHICAL INDICATION TO WHICH ARTICLE 19A APPLIES
PART A INTERPRETATION
1. In the table in Part C:
‘the paragraph 1 trade mark application’ means the application to register a trade mark referred to in Article 19a(1);
‘the relevant EUIA-based date’ means the date determined in accordance with Part B;
‘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 relevant EUIA-based date applies, the relevant EUIA-based date means:
the date provided for in paragraph 3, or
where paragraph 3 does not apply, the date provided for in the relevant point of paragraph 4, as relevant to the geographical indication.
3. In a case where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to a geographical indication contained priority provisions that applied to the geographical indication, the relevant EUIA-based date is the priority date provided for in the EUIA that applied to that geographical indication.
4. In a case of a type 2A, 2B, 3A or 3B geographical indication to which paragraph 3 does not apply, the relevant EUIA-based date is:
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 under the EUIA), the date on which the amendment entered into force;
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 (without the need for further action to be taken under the EUIA), the date on which the provision was provisionally applied;
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 which the amendment was provisionally applied;
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 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 submitted under the EUIA;
in any other case, including a case where the geographical 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 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. Any reference in this Part to:
‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including:
a calendar date specified in the EUIA;
a date relating to the happening of a specified event;
‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and geographical indications and that provided (however expressed):
that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was filed after a date provided for in the EUIA,
that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was filed after a date provided for in the EUIA, or
for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii);
‘without the need for further action to be taken under the EUIA’, in relation to a geographical indication protected in the European Union 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:
a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the geographical indication;
an assessment to be carried out under the EUIA in relation to the geographical indication.
PART C TYPES OF GEOGRAPHICAL INDICATION (THE TYPES TABLE)
| 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 the 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— (i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (ii) bridging arrangements between the United Kingdom and the third country made, during the relevant period. |
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 19c(1) or 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 accepted or refused but must be protected in Great Britain pursuant to— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, before the day on which the paragraph 1 trade mark application is accepted or refused. |
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— (a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or (b) bridging arrangements between the United Kingdom and the third country made, on or after the day on which the relevant trade mark application is accepted. |
The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2. |
| 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 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. |
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 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. |
The relevant EUIA-based date that applies to the geographical indication in relation to the EUIA referred to in point (b) of column 2.F138] |
[F139ANNEX 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 product that is, or may be, affected by the amendment of the product specification. |
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 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 State to approve a request submitted under Article 25 to cancel the protection of a geographical indication. |
The persons are: (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. |
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 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.F139] |
ANNEX III
CORRELATION TABLE
| Regulation (EEC) No 1601/91 | This Regulation |
|---|---|
| Article 1 | Article 1 |
| Article 2(1) to (4) | Article 3 and Annex II |
| Article 2(5) | Article 6(1) |
| Article 2(6) | Article 6(2) |
| Article 2(7) | — |
| Article 3 | Article 4(1) and Annex I |
| Article 4(1) to (3) | Article 4(1) and Annex I |
| Article 4(4) | Article 4(3) |
| Article 5 | Article 4(2) |
| Article 6(1) | Article 5(1) and (2) |
| Article 6(2)(a) | Article 5(4) |
| Article 6(2)(b) | Article 20(1) |
| Article 6(3) | Article 5(5) |
| Article 6(4) | Article 9 |
| Article 7(1) and (3) | — |
| Article 7(2) | Article 5(3) |
| Article 8(1) | — |
| Article 8(2) | Article 5(1) and (2) |
| Article 8(3) | Article 6(3) |
| — | Article 7 |
| Article 8(4), first and second paragraphs | — |
| Article 8(4) third paragraph | Annex I, point 3, second paragraph |
| Article 8(4a) | — |
| Article 8(5) to (8) | Article 8 |
| Article 8(9) | — |
| Article 9(1) to (3) | Article 31 |
| Article 9(4) | Article 32 |
| Article 10 | Article 11 |
| Article 10a | Article 2, point 3, and Articles 10 to 30 |
| Article 11 | Article 1(3) |
| Articles 12 to 15 | Articles 33 and 34 |
| — | Article 35 |
| Article 16 | Article 36 |
| Article 17 | Article 37 |
| Annex I | Annex I(3)(a) |
| Annex II | — |
OJ C 43, 15.2.2012, p. 67.
Position of the European Parliament of 14 January 2014 (not yet published in the Official Journal) and decision of the Council of 17 February 2014.
Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (OJ L 149, 14.6.1991, p. 1).
Commission Regulation (EC) No 122/94 of 25 January 1994 laying down certain detailed rules for the application of Council Regulation (EEC) No 1601/91 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails (OJ L 21, 26.1.1994, p. 7).
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).
Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (OJ L 10, 12.1.2002, p. 53).
Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
OJ C 43, 15.2.2012, p. 67.
Position of the European Parliament of 14 January 2014 (not yet published in the Official Journal) and decision of the Council of 17 February 2014.
Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (OJ L 149, 14.6.1991, p. 1).
Commission Regulation (EC) No 122/94 of 25 January 1994 laying down certain detailed rules for the application of Council Regulation (EEC) No 1601/91 on the definition, description and presentation of aromatized wines, aromatized wine-based drinks, and aromatized wine-product cocktails (OJ L 21, 26.1.1994, p. 7).
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).
Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption (OJ L 10, 12.1.2002, p. 53).
Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).