My Lords, I declare my farming interests as set out in the register. The content of this SI is reserved, but a draft version was shared with devolved Administrations for comment; only minor drafting points were raised, which we addressed in full. I make it clear that these regulations do not change our policy or make new policy; instead, they principally amend retained EU legislation to ensure that the relevant regulations operate in Great Britain.
The amendments made by this instrument primarily concern geographical indications, or GIs. They also include transitioning obligations in EU wines and spirits agreements and extend to trade between the UK and the EU in wine and organic products. GIs are a form of intellectual property protection for the names of food, drink and agricultural products with qualities attributable to the place where they are produced or to the traditional methods by which they are made.
Until the end of the transition period, we operated under the EU’s GI schemes. The EU and the UK have not included a section on GIs in the UK-EU Trade and Cooperation Agreement. This means that UK GIs which were on the EU register at the end of the transition period remain protected in the EU and vice versa, but
there is no automatic protection for names registered after the end of the transition period. We have instead included a review clause which allows us to agree rules on the protection of GIs in future, should we so wish. The UK retains full autonomy over its own GI regimes.
As of 1 January, the UK has had an independent, fully functioning GI regime. As the competent authority, Defra manages the schemes with the devolved Administrations and handles domestic and international applications. Guidance on the application process is online. The schemes cover spirits, wines, aromatised wines, and food and agricultural products. Examples range from Wensleydale cheese to products such as native Shetland wool. There are many more; I am sure that many noble Lords have GIs of their own that are special to them.
This instrument amends existing GI regulations to ensure that they are fit for purpose and work as intended. It also allows the UK to use bridging arrangements to continue to protect GIs from countries where a trade deal was agreed but is not yet ratified, at the end of the transition period. This will ensure that GIs already protected in the UK do not lose their protection due to a long ratification process.
This instrument also adds an additional category of GI to ensure that the Japanese GI Kumamoto rush remains protected in the UK. This is a long-stemmed grass that is traditionally dried and woven into mats in the Kumamoto region of Japan. It can be grown only in that region. This was previously protected in the EU under the EU-Japan trade agreement, but it did not fit within any of the GI product categories which the UK inherited from the EU. The addition of this category provides a clear basis on which to continue to protect the GI under the UK-Japan agreement. This does not change our policy; we are simply correcting a deficiency in EU legislation.
On spirit drinks, this instrument provides for the ongoing protection of US product names, and Mexican names once transitioned in the UK, to reflect the transitional EU agreements. It also enables the retained EU spirit drinks regulations for GIs to function correctly in relation to protection and enforcement. For wines, this instrument amends retained EU regulations that provide a basis for protecting US wine names of origin in the UK to make them operable. In doing that, it also creates the necessary basis for enforcement in the UK.
This instrument also includes several non-GI provisions. It introduces a six-month easement on the new requirement for EU wines imported to the UK to be accompanied by a VI-1 certificate. This certificate provides information on the type and analytical composition of a wine. We worked with the wine trade to assess the impacts of this certification requirement on the industry. As a result, we have introduced this easement to minimise the potential for disruption to the UK market by allowing EU imports to arrive under the same commercial documents used while the UK was a member state. New and simplified certification arrangements are set out in the UK-EU Trade and Cooperation Agreement to cover movements of EU and UK origin wines.
On organics, we have extended our recognition of the EU and EEA states as equivalent and updated their list of control bodies. We have also ensured that organic products from the EU, EEA and Switzerland are able to continue to flow smoothly into Great Britain by providing a six-month easement on the requirement for certificates of inspection for such products.
The amendments made by this instrument are essential for a smooth transition. Without them, international obligations would not be met, retained EU legislation would not be operable and vital transitional provisions would not be in place. For those reasons, I commend the instrument to your Lordships. I beg to move.
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