The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

PART 5 U.K. Miscellaneous provision and consequential amendments

Right of appeal in connection with an application to register a PDO, PGI or TSG U.K.

21.— [F1 (1) Any person or group with a legitimate interest within the meaning of Article 49 who is aggrieved by a decision of the Secretary of State to—

(a) accept an application in accordance with Article 49(4);

(b) refuse an application on grounds that the application is not justified and does not meet the requirements of Regulation 1151/2012,

may, within three months of that decision being made public, appeal against it to a person appointed for that purpose by the Secretary of State.

(2) The appointed person must consider the appeal and any representations made by the Secretary of State and, within three months of the appeal being made, report in writing with a recommended course of action to the Secretary of State.

(3) The Secretary of State must either—

(a) uphold the decision;

(b) reverse the decision and ensure that the reversal is made public.

(4) Applications covered by this regulation are applications for the registration of a PDO, PGI or TSG.]

Textual Amendments

F1 Reg. 21 omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(12)

Transitional period E+W+S

22.—(1) Where the Secretary of State makes a favourable decision in respect of an application, the transitional period afforded in Article 15(4), which is a period of 10 years, applies if the operators concerned—

(a) have legally marketed the products in question, using the names concerned, continuously for a period of at least five years [F2 in Great Britain] prior to the date on which the application to the Secretary of State is lodged, and

(b) have made that point during the [F3 opposition procedure referred to in Article 51].

(2) The transitional period referred to in this regulation applies from the date on which the [F4 registration takes effect].

(3) Applications covered by this regulation are applications for the registration of a PDO or PGI.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F2 Words in reg. 22(1)(a) inserted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(13)(a)(i)

F3 Words in reg. 22(1)(b) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(13)(a)(ii)

F4 Words in reg. 22(2) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 12(13)(b)

Transitional period N.I.

22.—(1) Where the Secretary of State makes a favourable decision in respect of an application, the transitional period afforded in Article 15(4), which is a period of 10 years, applies if the operators concerned—

(a) have legally marketed the products in question, using the names concerned, continuously for a period of at least five years [F6 in Northern Ireland] prior to the date on which the application to the Secretary of State is lodged, and

(b) have made that point during the national opposition procedure.

(2) The transitional period referred to in this regulation applies from the date on which the Secretary of State lodges an application dossier with the Commission.

(3) Applications covered by this regulation are applications for the registration of a PDO or PGI.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F6 Words in reg. 22(1)(a) inserted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(11)

Review U.K.

23.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force for any purpose.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the EU Regulations are implemented in [F5 other] member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which these objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involved less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 M1 (see section 32 of that Act).

Textual Amendments

F5 Word in reg. 23(4) omitted (N.I.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 15(12)

Marginal Citations

M1 2015 c. 26; section 28 was disapplied by the European Union (Withdrawal) Act 2018 (c. 16), Schedule 7(3), paragraph 27; section 30(3) was amended by the Enterprise Act 2016 (c. 12), section 19(a) and the European Union (Withdrawal) Act 2018 (c. 16), Schedule 8(2), paragraphs 36(a) and (b).

Amendment of the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 U.K.

24.—(1) The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 M2 is amended as follows.

(2) After article 2(1)(m) (enforcement action) insert—

“(ma) the service of a compliance notice under regulation 12 of the Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018;”.

Marginal Citations

M2 S.I. 2009/665, amended by S.I. 2014/3070; there are other amending instruments but none is relevant.

Amendment of the Official Feed and Food Controls (England) Regulations 2009 U.K.

25.—(1) The Official Feed and Food Controls (England) Regulations 2009 M3 are amended as follows.

(2) In Schedule 3 (definition of relevant food law)—

(a) omit paragraph (a)(iii);

(b) for paragraph (a)(iv) substitute—

“(iv) the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs,”.

Marginal Citations

M3 S.I. 2009/3255, to which there are amendments not relevant to these Regulations.

Amendment of the Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 U.K.

26.—(1) The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 M4 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit paragraph (2)(a);

(b) for paragraph (2)(b) substitute—

“(b) the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.”.

Marginal Citations

M4 S.S.I. 2007/91, to which there are amendments not relevant to these Regulations.

Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009 U.K.

27.—(1) The Official Feed and Food Controls (Scotland) Regulations 2009 M5 are amended as follows.

(2) in Schedule 3 (definition of relevant food law)—

(a) omit paragraph (a)(iii);

(b) for paragraph (a) (iv) substitute—

“(iv) the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.”.

Marginal Citations

M5 S.S.I. 2009/446, to which there are amendments not relevant to these Regulations.

Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009 U.K.

28.—(1) The Official Feed and Food Controls Regulations (Northern Ireland) 2009 M6 are amended as follows.

(2) In Schedule 3 (definition of relevant food law)—

(a) omit paragraph (a)(iii);

(b) for paragraph (a)(iv) substitute—

“(iv) the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council of quality schemes for agricultural products and foodstuffs.”.

Marginal Citations

M6 S.R. 2009 No. 427, to which there are amendments not relevant to these Regulations.