- a corresponding EU geographical indication
means a geographical indication which is protected in the European Union under EU Regulation 2019/787 and that corresponds to the registered geographical indication;
- a corresponding EU product specification
means— i a product specification for a corresponding EU geographical indication, as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication, or ii a technical file for a corresponding EU geographical indication that is deemed to be a product specification under Article 22 of EU Regulation 2019/787 by virtue of Article 22(2) of that Regulation as that product specification stands at the time when, but for paragraph 2a, the authority or a delegated body referred to in paragraph 2 would otherwise be obliged, under paragraph 2, to verify that the relevant spirit drink complies with the specifications in the GB product specification for the registered geographical indication;
- agricultural product or foodstuff decision
means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B to Regulation (EU) No 1151/2012 of the European Parliament and of the Council;
- an Article 99 approval notice
means a notice published under Article 99(3) relating to a decision of the Secretary of State to approve an application to register a designation of origin or geographical indication;
- an unreserved TSG name
means the name of a traditional speciality guaranteed that was registered on the European Commission's TSGs Register in accordance with the requirements laid down in Article 13(1) of Regulation (EC) No 509/2006, including a name registered pursuant to an application referred to in the second subparagraph of Article 58(1) of EU Regulation 1151/2012, before IP completion day, but does not include a name for which: i a successful application was made to the European Commission under Article 26 of EU Regulation 1151/2012 before IP completion day, and ii any necessary adjustment has been made to the entry for that name on the European Commission's TSGs Register pursuant t
- application to register a trade mark
means an application to register a trade mark made under the TMA;
- appropriate authority
means: i in relation to England, the Secretary of State;
- ARC
means the unique administrative reference code;
- aromatised wine decision
means a decision of the Secretary of State specified in column 1 of the table in Annex 2B to Regulation (EU) No 251/2014 of the European Parliament and of the Council;
- bridging arrangements
has the meaning given in Article 102c(2)(b);
- computerised system
has the meaning given by regulation 3(1) of the 2010 Regulations;
- consignment
means a quantity of one type of spirit drink covered by a single document required for customs formalities and may be composed of more than one lot;
- constituent nation
means England, Scotland or Wales as the case may be.”
- corresponding specifications
means the product specification for the relevant traditional speciality guaranteed as the specification stood immediately before IP completion day;
- country of the manufacture
means the United Kingdom as a whole and does not mean England, Northern Ireland, Scotland or Wales individually.”
- delegated body
has the meaning given by point (5) of Article 3 of Regulation 2017/625.”
- enactment
means: a an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that the enactment extends to Northern Ireland;
- enactment in domestic legislation
means an enactment contained in: i an Act or in an Order in Council, order, rules, regulations or other instrument made under an Act;
- established geographical indication
means a geographical indication within the meaning of Article 3(4) of Regulation (EU) 2019/787 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 designation of origin or geographical indication of the third country in the European Union;
- EUWA
means the European Union (Withdrawal) Act 2018;
- export
means export from Great Britain to a third country;
- general customs official
means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;
- import
means import into Great Britain from a third country;
- legal acts
means legislation of the following kind whenever passed, made or adopted: a an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
- local authority
means a district council within the meaning of the Interpretation Act (Northern Ireland) 1954.”
- lot
has the meaning given in regulation 2 of the Food (Lot Marking) Regulations 1996, as it extends to Great Britain;
- maintenance
includes repeal and replacement, and revocation and replacement, without, in both cases, any substantive modification of the provisions describing and regulating the use of the relevant optional quality term. 3 A modification of provisions relating to the enforcement of an enactment in domestic legislation on optional quality terms is not be to regarded as a modification of the enactment in domestic legislation on optional quality terms.”
- 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.”
- operators
means winegrowers, harvesters, producers, processors, bottlers and merchants.”
- Regulation 1151/2012
means Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs;”
- relevant NI grapevine product
means a grapevine product: a of a type referred to in any of points (1) to (9) or (16) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013, b that is produced in Northern Ireland from grapes harvested in the United Kingdom, c that does not bear a protected designation of origin or protected geographical indication or any other geographical indication, and d that bears the name of one or more wine grape varieties on its label.”
- relevant third country
means a third country of the type referred to in paragraph 3.”
- relevant water quality legislation
means: a in relation to spirit drinks marketed in England: i the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;
- retained EU law
has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland;
- rules
includes: a in relation to a constituent nation of Great Britain, regulations made under the 1990 Act;
- spirit drink decision
means a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 to Regulation (EU) 2019/787 of the European Parliament and of the Council;
- the 1990 Act
means the Food Safety Act 1990;
- the 2010 Regulations
means the Excise Goods (Holding, Movement and Duty Point) Regulations 2010;
- 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;
- the appropriate authority
means: i in a case of an analysis carried out as part of an official control relating to the production, labelling or marketing of a drink as a spirit drink, or category of spirit drink, in England, the Secretary of State;
- the competent authority
means the person specified in regulation 3(1) of the Quality Schemes Regulations.”
- the electronic administrative document
has the meaning given in regulation 3(1) of the 2010 Regulations.”
- the GB product specification
means the product specification referred to in Article 22(1) for the registered geographical indication and includes a technical file for a registered geographical indication that is deemed to be a product specification under that Article by virtue of Article 22(2).”
- 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.”
- the original applicant
means the person who submitted the application to the Secretary of State under Article 24 that resulted in the Secretary of State making the decision to register the geographical indication under this Regulation.”
- 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;
- the relevant legislation
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;
- 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;
- the TMA
means the Trade Marks Act 1994;
- the Types Table
means the table in Part 3 of Annex 9A. 1b................................”
- third country
means— i for the purposes of the definition of ‘EUIA’ in paragraph 1a(c), Article 102c and Annex 9A (other than the reference in paragraph (ii)), any country other than— aa any part of the British Islands, or bb any member State;
- traditional term wine decision
means a decision of the Secretary of State specified in column 1 of the table in Annex A2 to Commission Delegated Regulation (EU) 2019/33.”
- unique administrative reference code
has the meaning given in regulation 3(1) of the 2010 Regulations.”