Geographical
Indications (Jersey) Regulations 2020
Made 3rd December 2020
Coming into
force 10th December 2020
THE STATES make these Regulations under Article 2
of the European Union Legislation (Implementation) (Jersey) Law 2014[1] –
1 Interpretation
(1) In
these Regulations –
“2012 Regulation” means 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);
“2013 Regulation” means 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 (OJ L 347, 20.12.2013,
p. 671);
“2014 Regulation” means Regulation (EU) No 251/2014 of the European
Parliament and of the Council of 26 February 2014 on the definition,
description, presentation, labelling and protection of geographical indications
of aromatised wine products (OJ L 84, 20.3.2014, p. 14);
“2019 Regulation” means Regulation 2019/787 of the European
Parliament and of the Council of 17 April 2019 on the definition, description,
presentation and labelling of spirit drinks, the use of the names of spirit
drinks in the presentation and labelling of other foodstuffs, the protection of
geographical indications for spirit drinks, the use of ethyl alcohol and
distillates of agricultural origin in alcoholic beverages (OJ L 130,
17.5.2019, p. 1);
“EU Regulations” means –
(a) Articles 13(1), 14,
24(1), 36(3), 44(1) and 45(1)(b) of the 2012 Regulation;
(b) Articles 100(3), 101,
102, 103(2), 113(1) and (2) and 157(1)(c)(x) of the 2013 Regulation;
(c) Articles 19 and
Article 20(2) of the 2014 Regulation;
(d) Articles 21(2) and 36
of the 2019 Regulation;
“Minister” means the Minister for Home
Affairs.
(2) In these Regulations –
(a) terms that are used and
defined in an EU Regulation have the same meaning as in that Regulation; and
(b) words or phrases used in these Regulations have the same respective
meanings as in the Customs and Excise (Jersey) Law 1999[2].
(3) For the purpose of applying the EU
Regulations –
(a) in Article 14(2) of the
2012 Regulation, Article 19(2) of the 2014 Regulation and Article 36(2) of
the 2019 Regulation –
(i) the reference to territory of the Union is
to be read as including Jersey, and
(ii) the date is to be read
as the later of the date of the submission of the application to the Commission
and when the European Union (Jersey) Law 1973[3] is repealed; and
(b) in Article 102(2) of the
2013 Regulation –
(i) the reference to territory of the Union is
to be read as including Jersey, and
(ii) the reference to 1
January 1996 is to be read as a reference to when the European Union (Jersey)
Law 1973 is repealed if later than the date of the protection of the
designation of origin or geographical origin.
2 Protection of geographical indicators
The EU Regulations have effect in Jersey to protect the geographical indications, designations of origin, the
traditional specialty guaranteed or the traditional terms for wine protected by
those EU Regulations.
3 Enforcement
(1) It is the duty
of officers to secure execution and enforcement of the EU Regulations.
(2) The Agent of
the Impôts may require any person concerned with the production, or movement in
or out of Jersey, of goods –
(a) to furnish, in such form as the Agent may require, such information as,
in the Agent’s opinion, is necessary to enable compliance with the EU
Regulations; and
(b) to produce any books of account or other documents of whatever nature
relating to the production or movement of those goods.
(3) Without limiting any other powers of disclosure, officers may disclose
any information in their possession to any person for the purposes of –
(a) the EU Regulations or these Regulations; or
(b) assisting equivalent law enforcement functions in any other
jurisdiction.
4 Powers to search premises
(1) An officer
may, following the production of evidence of his or her authority if requested,
at any reasonable time enter any premises (other than those used wholly or
mainly as a private dwelling) for the purposes of executing or enforcing the EU
Regulations or these Regulations.
(2) Without
limiting paragraph (1), if the Bailiff or a Jurat is satisfied by information
on oath by an officer that there are reasonable grounds to suspect that any goods
liable to forfeiture under these Regulations are kept or concealed in any
premises, the Bailiff or Jurat may grant a warrant authorising any officer, any
police officer or any other person named in the warrant to enter and search the
premises within one month of the date on which the warrant was granted.
(3) An officer who
has entered premises under paragraph (1) or under the authority of a
warrant granted under paragraph (2) may –
(a) inspect any materials or articles;
(b) require access to, and inspect and copy any documents or records (in
whatever form they are held), and remove them to enable them to be copied;
(c) require access to, inspect and check the operation of any computer and
any associated apparatus used in connection with the records, and may require
any person to afford such assistance as may reasonably be required (including
the provision of passwords), and may require any computer records to be produced
in a form in which they may be taken away;
(d) seize and retain anything required as evidence in proceedings under these
Regulations;
(e) undertake an inventory of goods and of anything that may be used in
their preparation; and
(f) purchase or take samples of any goods and of anything that may be used
in their preparation.
(4) An officer who
has procured a sample of any goods, or of anything that may be used in their
preparation, may analyse or examine that sample or have that sample analysed or
examined.
(5) An officer
entering any premises by virtue of this Regulation may be accompanied by such
other person as the officer considers necessary.
5 Power to search
vehicles or vessels
Where
there are reasonable grounds to suspect that any vehicle or vessel is carrying
any goods that contravene the EU Regulations, any officer or police officer may
stop and search that vehicle or vessel.
6 Power of arrest
An officer may arrest any person who
has committed, or whom there are reasonable grounds to suspect of having
committed, any offence under these Regulations.
7 Seizure or detention of
goods
(1) Any goods that
contravene the EU Regulations are liable to forfeiture under these Regulations and
may be seized or detained by any officer or police officer.
(2) Where any goods
are seized or detained by a police officer under paragraph (1), the police
officer must –
(a) where it is practicable to do so, deliver them to the Agent of the
Impôts; or
(b) where they may be required for use in connection with any proceedings to
be brought otherwise than under these Regulations, retain them in police
custody until either those proceedings are completed or it is decided that no
such proceedings will be brought.
(3) Where any goods
seized or detained by a police officer are not delivered to the Agent of the
Impôts, a police officer must –
(a) give to the Agent of the Impôts notice in writing of the seizure or
detention together with full particulars of the goods seized or detained; and
(b) permit any officer to examine them at any time while they remain in the
custody of the police.
8 Forfeiture and
condemnation
(1) The Schedule makes
provision for the purpose of forfeitures, and of proceedings for the condemnation
of any goods as being forfeited, under these Regulations.
(2) Subject to Regulation 7
and the Schedule, any goods seized or detained under these Regulations must,
pending the determination as to their forfeiture or disposal, be dealt with,
and if condemned as forfeited, must be disposed of, in such manner as the
Minister may direct.
9 Protection of officers
in relation to seizure and detention
(1) Where, in any
proceedings for the condemnation of any goods seized as liable to forfeiture
under these Regulations, judgment is given for the claimant, the court may, if
it thinks fit, certify that there were reasonable grounds for the seizure.
(2) Where any
civil proceedings are brought against the Minister or any officer on account of
a seizure or detention of any goods under these Regulations and judgment is
given for the plaintiff, the plaintiff is not entitled to recover any damages
or costs in respect of the seizure or detention if –
(a) a certificate relating to the seizure has been granted under paragraph (1);
or
(b) the court is satisfied that there were reasonable grounds for the
seizure or detention.
(3) Nothing in
paragraph (2) affects any right of a person to the return of the goods
seized or detained or to compensation for their destruction or any damage to
them, including the costs of pursuing that right.
(4) Any
certificate under paragraph (1) may be proved by the production of either
the original certificate or a certified copy of it signed by the Judicial
Greffier.
10 Offences and penalties
(1) A person commits
an offence and is liable to a fine if the person contravenes any of the
following –
(a) Article 13(1) of the 2012 Regulation;
(b) Article 24(1) of the 2012 Regulation;
(c) Article 103(2) of
the 2013 Regulation;
(d) Article 113(2) of the 2013 Regulation;
(e) Article 20(2) of the 2014 Regulation;
(f) Article 21(2) of the 2019 Regulation.
(2) A person commits
an offence, and is liable to imprisonment for a term of 2 year and to a fine, if
the person –
(a) intentionally obstructs an officer acting in the execution of the EU
Regulations or these Regulations;
(b) without reasonable cause, fails to give to an officer any assistance or
information that the officer reasonably requires;
(c) furnishes to an officer any information knowing it to be false or
misleading; or
(d) fails to produce a document, record or passport to an officer when
required to do so.
(3) A person
commits an offence and is liable to a fine if that person discloses any
information received from an officer under Regulation 3(3) if –
(a) the information relates to a person whose identity is specified in the
disclosure or can be deduced from the disclosure;
(b) the disclosure is for a purpose other than that specified in Regulation 3(3);
and
(c) the Agent of the Impôts has not given prior consent to the disclosure.
(4) It is a
defence for a person charged with an offence under paragraph (3) to prove
that the person reasonably believed –
(a) that the disclosure was lawful; or
(b) that the information had already and lawfully been made available to the
public.
11 Offences by bodies
corporate, etc.
(1) In this Regulation –
“relevant offence” means an offence under these Regulations that is
committed by a limited liability partnership, a separate limited partnership,
an incorporated limited partnership or another body corporate;
“relevant person” means –
(a) if the relevant offence
is committed by a limited liability partnership, a partner of the partnership;
(b) if the relevant offence
is committed by a separate limited partnership or an incorporated limited
partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) if the relevant offence
is committed by a body corporate other than an incorporated limited partnership –
(i) a director, manager, secretary or other
similar officer of the body corporate, and
(ii) if the affairs of the
body corporate are managed by its members, a member who is acting in connection
with the member’s functions of management; and
(d) a person purporting to
act in any capacity described in sub-paragraphs (a) to (c) in relation to
the partnership or body that commits the relevant offence.
(2) If a relevant offence is proved to have
been committed with the consent or connivance of a relevant person, that
relevant person is also guilty of the offence and liable in the same manner as
the partnership or body corporate to the penalty provided for that offence.
(3) Paragraph (4) applies if a relevant
offence –
(a) is an offence that may be
committed by neglect; and
(b) is proved to be
attributable to any neglect on the part of a relevant person.
(4) The relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
12 EU Legislation
(Geographical Indications – Wines and Spirits) (Jersey) Order 2016 repealed
The EU Legislation (Geographical Indications –
Wines and Spirits) (Jersey) Order 2016[4] is repealed.
13 Citation and commencement
These Regulations may be cited as the Geographical
Indications (Jersey) Regulations 2020 and come into force 7 days
after they are made.
SCHEDULE
(Regulation 8)
forfeiture
1 Notice
of seizure
(1) The Minister
or the Agent of the Impôts must give notice of the seizure of goods liable to
forfeiture and of the grounds for that seizure to any person known to be their
owner.
(2) However,
sub-paragraph (1) does not apply if the seizure was made in the presence
of –
(a) the person whose offence or suspected offence occasioned the seizure;
(b) the owner or any of the owners of goods seized or the owner’s servant or
agent; or
(c) in the case of any goods seized in any ship or aircraft, the master or
commander.
(3) Notice under sub-paragraph (1) must be
given in writing and is treated as being duly served on the person
concerned –
(a) if delivered to the person personally;
(b) if addressed to the person and left or forwarded by post to the person
at his or her usual or last known place of abode or business or, in the case of
a body corporate, at their registered or principal office; or
(c) where the person has no address within Jersey, or the person’s address
is unknown, by publication of notice of seizure in the Jersey Gazette.
2 Notice
of claim
(1) Any person
claiming that any goods seized as liable to forfeiture are not so liable must,
within one month of the date of the notice of seizure or, where no notice under
paragraph 1 has been served on the person, within one month of the date of
the seizure, give notice of his or her claim in writing to the Minister or the
Agent of the Impôts as the case may be.
(2) Any notice
under sub-paragraph (1) must specify the name and address of the claimant
and the advocate or solicitor (if any) in Jersey authorised to accept service
of process and to act on behalf of the claimant.
(3) Service of process upon an advocate or
solicitor so specified is taken to be proper service upon the claimant.
3 Condemnation
(1) If on the
expiration of the relevant notice period under paragraph 2, notice has not
been given or does not comply with all the requirements of that paragraph, the goods
in question are taken to have been duly condemned as forfeited.
(2) Where notice
is duly given in accordance with paragraph 2, the Minister or the Agent of
the Impôts must take proceedings for the condemnation of the goods in question
and if the court is satisfied that they were liable to forfeiture at the time
of seizure the court must condemn them as forfeited.
(3) Forfeiture
under this paragraph has effect as from the date when the liability to
forfeiture arose.
4 Proceedings
for condemnation by court
(1) Proceedings
for condemnation are civil proceedings and may be instituted in –
(a) the Petty Debts Court where the value of the goods liable to forfeiture
does not exceed the maximum amount of a debt recoverable in that court; or
(b) the Royal Court in any other case.
(2) In any
proceedings for condemnation –
(a) the claimant or the claimant’s advocate or solicitor must make oath that
the goods seized was, or was to the best of the claimant’s knowledge and
belief, the property of the claimant at the time of the seizure;
(b) the claimant must, where such proceedings are instituted in the Royal
Court, give such security for costs of the proceedings as that court may
determine.
(3) Where any requirement of this sub-paragraph (2) is not complied with,
the court must give judgment for the Minister.
(4) An appeal by
either party lies from a decision on a question of forfeiture under this
paragraph of the Petty Debts Court to the Royal Court and any goods that are
the subject of such an appeal must, pending the final determination of the
matter, remain in the custody of the Minister or the Agent of the Impôts as the
case may be.
5 Provisions
as to proof
In any proceedings under this
Schedule –
(a) the fact, form and manner of the seizure is taken to have been as set
out in the process without the need for any further evidence, unless the
contrary is proved; and
(b) the condemnation by a court of any goods forfeited may be proved by the
production either of the order of condemnation or of a certified copy thereof
signed by the Judicial Greffier.
6 Special
provisions as to certain claimants
(1) This paragraph applies in respect of any
goods that are, at the time of seizure, the property of –
(a) a body corporate;
(b) 2 or more persons who are in partnership; or
(c) 6 or more persons who are not in partnership.
(2) Where this
paragraph applies, the oath required by paragraph 4(2)(a) to be taken and
any other thing required by this Schedule or by any rules of the court to be
done by, or by any person authorised by, the claimant or owner may be taken or
done by, or by any other person authorised by –
(a) where the owner is a body corporate, the secretary or some duly authorised
officer of that body;
(b) where the owners are in partnership, any one of those owners;
(c) where the owners are 6 or more persons who are not in partnership, any 2
of those persons on behalf of themselves and their co-owners.
7 Power
of Minister to restore property
Subject
to any conditions that the Minister considers appropriate, the Minister may, if
the Minister thinks fit, restore any goods that have under this Law been –
(a) seized; or
(b) forfeited otherwise that by order of a court.