The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019 (expired—not approved)

Prospective

Regulation 3

[X1 SCHEDULE 1 U.K. The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015: new regulation 4A

Editorial Information

X1 This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument was approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.

“Transitional provision: withdrawal from the EEA and the EU

4A.— (1) The following waters are accredited, that is to say treated for the purposes of these Regulations as if they were natural mineral waters recognised by the Agency under regulation 4(2)(d)(i)—

(a) established EU recognised natural mineral waters;

(b) established Icelandic recognised natural mineral waters;

(c) established Norwegian recognised natural mineral waters.

(2) The accreditation in paragraph (1) continues to have effect in relation to a natural mineral water to which subparagraph (a), (b) or (c) of that paragraph applies unless a notification is given under paragraph (3), (4) or (5) respectively, in which case the accreditation ceases on the relevant accreditation cessation date.

(3) In the case of an established EU recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated by the responsible authority in at least one member State as a recognised mineral water for the purposes of Directive 2009/54/ECM1 , the Department of Health may notify the European Commission that the accreditation provided for in paragraph (1)(a) in relation to established EU recognised natural mineral waters is to cease on a date specified in that notification.

(4) In the case of an established Icelandic recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated as a recognised mineral water in Iceland for the purposes of Directive 2009/54/EC, the Department of Health may notify the Icelandic Food and Veterinary Authority that the accreditation provided for in paragraph (1)(b) in relation to established Icelandic recognised natural mineral waters is to cease on a date specified in that notification.

(5) In the case of an established Norwegian recognised natural mineral water, if the Department of Health is of the opinion that there is at least one established recognised UK natural mineral water that is not treated in Norway as a recognised mineral water for the purposes of Directive 2009/54/EC, the Department of Health may notify the Norwegian Food Safety Authority that the accreditation provided for in paragraph (1)(c) in relation to established Norwegian recognised natural mineral waters is to cease on a date specified in that notification.

(6) No notification may be given under paragraph (3), (4) or (5) before the end of the period of six months beginning on the day on which exit day falls.

(7) The accreditation cessation date specified in a notification given under paragraph (3), (4) or (5) must be a date that is at least six months after the date on which the notification is given, beginning with the day after the day on which that notification is given.

(8) The Department of Health must publish a copy of any notification given under paragraph (3), (4) or (5) in such manner as appears appropriate to the Department of Health in order to bring its effect to the notice of those that the Department of Health considers likely to be, or representative of those likely to be, affected in Northern Ireland as soon as is reasonably practicable.

(9) The Department of Health must from time to time publish, in such manner as appears appropriate to the Department of Health, a list of the names of the established EU, Icelandic and Norwegian recognised natural mineral waters that are treated as accredited natural mineral waters under paragraph (1) (“the paragraph 9 list”).

(10) Where a notification is given under paragraph (3), (4) or (5), the Department of Health must update the paragraph 9 list as soon as reasonably practicable after the accreditation cessation date specified in the notification.

(11) The paragraph 9 list is to be treated as conclusive evidence that the waters are accredited natural mineral waters for the purposes of these Regulations.

(12) In this regulation—

“accreditation cessation date” means the cessation date as notified by the Department of Health under paragraph (3), (4) or (5);

“Directive 2009/54/EC” means Directive 2009/54/EC as incorporated into the EEA Agreement, and as it had effect, immediately before exit day;

“established EU recognised natural mineral water” means—

(a)

a natural mineral water extracted from the ground in any member State—

(i)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(ii)

for which that recognition remains in force in the member State in which it was extracted from the ground;

(b)

a natural mineral water extracted from the ground in a third country—

(i)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, having been recognised by any member State as a natural mineral water for the purposes of Directive 2009/54/EC based on a certificate (“Article 1(2) certificate”) of the type referred to in the second subparagraph of Article 1(2) of Directive 2009/54/EC issued by the responsible authority in the country of extraction,

(ii)

for which that recognition remains in force in any member State, and

(iii)

for which the Article 1(2) certificate remains valid;

“established Icelandic recognised natural mineral water” means a natural mineral water extracted from the ground in Iceland—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(b)

for which that recognition remains in force in any member State;

“established Norwegian recognised natural mineral water” means a natural mineral water extracted from the ground in Norway—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, and

(b)

for which that recognition remains in force in any member State;

“established recognised UK natural mineral water” means a natural mineral water extracted from the ground in the United Kingdom—

(a)

that immediately before exit day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC by virtue of a recognition granted under any legislation made in any part of the United Kingdom implementing that Directive, and

(b)

for which the recognition granted under that legislation remains in force in any part of the United Kingdom (albeit not for the purposes of Directive 2009/54/EC);

“member State” means a member State of the EU as constituted immediately after exit day;

“third country” has the same meaning as in Directive 2009/54/EC.”

Marginal Citations

M1 OJ No L 164, 26.6.2009, p. 45.

Regulation 6

SCHEDULE 2 U.K. Regulation (EC) No 110/2008 of the European Parliament and of the Council: new provisions

“Article 25 U.K. Regulations: general

1.   Any power to make regulations under this Regulation is exercisable by:

(a) the Secretary of State in relation to England;

(b) the Department of Agriculture, Environment and Rural Affairs in relation to Northern Ireland;

(c) the Scottish Ministers in relation to Scotland;

(d) the Welsh Ministers in relation to Wales.

2.   But the power to make regulations may be exercised by the Secretary of State for the whole or part of the United Kingdom if consent is given by:

(a) the Department of Agriculture, Environment and Rural Affairs for regulations applying in relation to Northern Ireland;

(b) the Scottish Ministers for regulations applying in relation to Scotland;

(c) the Welsh Ministers for regulations applying in relation to Wales.

3.   Such regulations may:

(a) contain supplementary, incidental, consequential, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

4.   In this Article, ‘enactments’ means:

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act,

(b) an enactment contained in an instrument made under an Act of the Scottish Parliament,

(c) an enactment contained in an instrument made under a Measure or Act of the National Assembly for Wales,

(d) an enactment contained in an instrument made under Northern Ireland legislation, and

(e) retained direct minor EU legislation.

Article 25a U.K. Regulations: the Secretary of State

1.   Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2.   Except as specified in paragraph 3, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3.   A statutory instrument containing regulations made by the Secretary of State under Article 26 that amend Annex 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.

Article 25b U.K. Regulations: Northern Ireland

1.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M2 .

2.   Except as specified in paragraph 3, regulations made by the Department of Agriculture, Environment and Rural Affairs are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M3 as if they were a statutory instrument within the meaning of that Act.

3.   Regulations made under Article 26 that amend Annex 2 may not be made by the Department of Agriculture, Environment and Rural Affairs unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Article 25c U.K. Regulations: Scotland

1.   For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M4 .

2.   Except as specified in paragraph 3, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3.   Regulations made by the Scottish Ministers under Article 26 that amend Annex 2 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Article 25d U.K. Regulations: Wales

1.   Regulations made by the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   Subject to paragraph 3, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

3.   A statutory instrument containing regulations made by the Welsh Ministers under Article 26 that amend Annex 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”

Marginal Citations

M2 S.I. 1979/1573 (N.I. 12).

M3 1954 c. 33 (N.I.); section 41(6) was amended by S.I. 1999/663.

M4 2010 asp 10.

Regulation 13

SCHEDULE 3 U.K. Commission Delegated Regulation (EU) 2019/33: new provisions

PART 1 U.K. Chapter 3: new Section 6

“SECTION 6 U.K. Appeals

Article 39a U.K. 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 8.

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 8;

(b) in the case of a decision affecting an application submitted by the authorities of a third country, 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 8.

5.   The Secretary of State may consider a decision specified in column 1 of the table in Annex 8 afresh (“the original decision”) 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 the original decision was made.

6.   Paragraph 5 applies even though an appeal has been made in respect of the original decision.

7.   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 publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the person who made the appeal against the decision 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 publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the person who made the appeal against the decision and the public of that decision.

8.   If the Secretary of State makes the same decision again, the appeal to the FTT restarts.

9.   If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

Article 39b U.K. Appeals: applications to protect traditional terms

1.   Where an appeal is made to the FTT relating to a decision to recognise a traditional term and the Secretary of State has made an entry in the United Kingdom's Traditional Terms Register registering the traditional term, the entry in the register is to be maintained but is in suspense and must be marked to indicate that it is in suspense.

2.   The suspension provided for in paragraph 1 continues until the FTT has determined the appeal and:

(a) the marking relating to the suspension of the entry is removed from the register by the Secretary of State in a case where the FTT dismisses the appeal;

(b) the entry relating to the traditional term is removed from the register by the Secretary of State in a case where the FTT determines that the decision must be quashed and directs the Secretary of State to remove the entry relating to the traditional term from the register;

(c) the marking relating to the suspension of the entry is removed from the register by the Secretary of State in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision and the Secretary of State, following such reconsideration, decides to approve the application and maintain the entry on the register relating to the traditional term;

(d) the entry relating to the traditional term is removed from the register by the Secretary of State in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision and the Secretary of State, following such reconsideration, decides to reject the application relating to the geographical indication.

3.   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 applicant and the public of that fresh decision;

(b) the provisions of this Section and Annex 8 apply to the fresh decision made by the Secretary of State.

4.   After making a change to the United Kingdom's Traditional Terms Register of the type specified in points (a) to (d) of paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the applicant and the public of the action taken.

5.   Where an appeal is made to the FTT relating to a decision to recognise a traditional term and the Secretary of State has not made an entry in the United Kingdom's Traditional Terms Register, the Secretary of State must not make an entry in the register until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

Article 39c U.K. Appeals: applications to modify traditional terms

1.   Paragraph 2 applies where an appeal is made to the FTT relating to a decision of the Secretary of State to approve an application to modify a traditional term and the Secretary of State has not updated the entry in the United Kingdom's Traditional Terms Register relating to it pursuant to Article 27(2) of Implementing Regulation (EU) 2019/34.

2.   Until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, the entry in the United Kingdom's Traditional Terms Register relating to the traditional term must be maintained without modification but the entry in the register must be marked to indicate that an appeal relating to the modification of the traditional term is pending.

3.   Paragraph 4 applies where an appeal is made to the FTT relating to a decision of the Secretary of State to approve an application to modify a traditional term and the Secretary of State has updated the entry in the United Kingdom's Traditional Terms Register.

4.   Until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, the previous entry in the United Kingdom's Traditional Terms Register is to be restored but the entry in the register must be marked to indicate that an appeal relating to the modification of the traditional term is pending.

5.   Where an appeal is made to the FTT relating to a decision of the Secretary of State to reject an application to modify a traditional term, the existing entry in the United Kingdom's Traditional Terms Register is to be maintained until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, but the entry must be marked to indicate that an appeal relating to an application to modify the traditional term is pending.

Article 39d U.K. Appeals: applications to cancel the protection of a traditional term

1.   Where an appeal is made to the FTT relating to a decision of the Secretary of State to cancel the protection of a traditional term and the Secretary of State has not removed the entry from the United Kingdom's Traditional Terms Register, the entry in the register is to be maintained but must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

2.   Where an appeal has been made to the FTT relating to a decision of the Secretary of State to cancel the protection of a traditional term and the Secretary of State has removed the entry in the United Kingdom's Traditional Terms Register, the entry in the register is to be restored but must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

3.   Where an appeal has been made to the FTT relating to a decision of the Secretary of State not to cancel the protection of a traditional term, the entry in the United Kingdom's Traditional Terms Register relating to the traditional term must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.”

PART 2 U.K. New Annex 8

“ANNEX 8 U.K. 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 21 of Implementing Regulation (EU) 2019/34 to protect a traditional term	The persons are: (a) a person who submitted an objection to the application to register the traditional term under Article 22 of Implementing Regulation (EU) 2019/34; (b) a person marketing a product that is, or may be, affected by the registration of the traditional term.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to remove the entry relating to the traditional term from the United Kingdom's Traditional Terms Register; (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 21 of Implementing Regulation (EU) 2019/34 to protect a traditional term	The persons are: (a) the person who submitted the application to protect the traditional term; (b) a person marketing a product that is, or may be, affected by the decision not to protect the traditional term.	Power to: (a) quash the decision and direct the Secretary of State to add an entry relating to the traditional term on the United Kingdom's Traditional Terms Register; (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 34 to modify a traditional term	The persons are: (a) a person who submitted an objection to the application to register the traditional term under Article 22 of Implementing Regulation (EU) 2019/34 (as it applies to modification applications by virtue of the first paragraph of Article 27 of Implementing Regulation (EU) 2019/34); (b) a person marketing a product that is, or may be, affected by the modification of the traditional term.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to restore the entry relating to the traditional term on the United Kingdom's Traditional Terms Register; (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 34 to modify a traditional term	The persons are: (a) the person who submitted the application to modify the traditional term; (b) a person marketing a product that is, or may be, affected by the decision to reject the application to modify the traditional term.	Power to: (a) quash the decision and direct the Secretary of State to record the new specifications for the traditional term on the United Kingdom's Traditional Terms Register; (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 35 to cancel the protection of a traditional term	The persons are: (a) a person who submitted an objection in relation to the application to cancel the traditional term under the first subparagraph of Article 29(1) of Implementing Regulation (EU) 2019/34); (b) a person marketing a product that is, or may be, affected by the cancellation of the protection of the traditional term.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to restore the entry relating to the traditional term on the United Kingdom's Traditional Terms Register, (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 35 to cancel the protection of a traditional term	The persons are: (a) the person who submitted the application to cancel the protection of the traditional term; (b) a person marketing a product that is, or may be, affected by the maintenance of the protection of the traditional term.	Power to: (a) quash the decision and direct the Secretary of State to remove the entry relating to the traditional term from the United Kingdom's Traditional Terms Register; (b) remit the matter to the Secretary of State for reconsideration and fresh decision.”

Regulation 15

SCHEDULE 4 U.K. Regulation (EU) 2019/787 of the European Parliament and of the Council: new provisions

PART 1 U.K. New Chapter 4

“CHAPTER 4 U.K. GEOGRAPHICAL INDICATIONS: APPEALS

Article 43 U.K. 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 2.

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 2;

(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 2.

5.   The Secretary of State may consider a decision specified in column 1 of the table in Annex 2 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.

6.   Paragraph 5 applies even though an appeal has been made in respect of the original decision.

7.   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 publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the person who made the appeal against the decision 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 publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the person who made the appeal against the decision and the public of that decision.

8.   If the Secretary of State makes the same decision again, the appeal to the FTT restarts.

9.   If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

Article 43a U.K. Appeals: applications to register geographical indications

1.   Where an appeal is made to the FTT relating to a decision to register a geographical indication and the Secretary of State has made an entry in the United Kingdom's GIs Register registering the geographical indication, the entry in the register is to be maintained but is in suspense, and must be marked to indicate that it is in suspense.

2.   The suspension provided for in paragraph 1 continues until the FTT has determined the appeal and:

(a) the marking relating to the suspension of the entry is removed from the register by the Secretary of State in a case where the FTT dismisses the appeal;

(b) the entry relating to the geographical indication is removed from the register by the Secretary of State in a case where the FTT determines that the decision must be quashed and directs the Secretary of State to remove the entry relating to the geographical indication from the register;

(c) the marking relating to the suspension of the entry is removed from the register by the Secretary of State in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision and the Secretary of State, following such reconsideration, decides to approve the application and maintain the entry on the register relating to the geographical indication;

(d) the entry relating to the geographical indication is removed from the register by the Secretary of State in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision and the Secretary of State, following such reconsideration, decides to reject the application relating to the geographical indication.

3.   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 applicant and the public of that fresh decision;

(b) the provisions of this Chapter and Annex 2 apply to the fresh decision made by the Secretary of State.

4.   After making a change to the United Kingdom's GIs Register of the type specified in points (a) to (d) of paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time a notice informing the applicant and the public of the action taken.

5.   Where an appeal is made to the FTT relating to a decision to register a geographical indication and the Secretary of State has not made an entry in the United Kingdom's GIs Register, the Secretary of State must not make an entry in the register until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

Article 43b U.K. Appeals: applications to amend product specifications

1.   Paragraph 2 applies where an appeal is made to the FTT relating to a decision of the Secretary of State to approve an application to amend a product specification for a geographical indication and the Secretary of State has not replaced the copy of the product specification attached to the entry for the geographical indication in the United Kingdom's GIs Register with the approved amended product specification.

2.   Until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, the copy of the product specification attached to the entry in the United Kingdom's GIs Register for the geographical indication applies without amendment but the entry in the register must be marked to indicate that an appeal relating to the amendment of the product specification is pending.

3.   Paragraph 4 applies where an appeal is made to the FTT relating to a decision of the Secretary of State to approve an application to amend the product specification for a geographical indication and the Secretary of State has attached a copy of the amended product specification to the entry for the geographical indication in the United Kingdom's GIs Register.

4.   Until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, the copy of the product specification in the United Kingdom's GIs Register is to be replaced with a copy of the previous version of the product specification but the entry in the register must be marked to indicate that an appeal relating to the amendment of the product specification is pending.

5.   Where an appeal is made to the FTT relating to a decision of the Secretary of State to reject an application to amend a product specification for a geographical indication, the existing provisions of the product specification attached to the entry for the geographical indication in the United Kingdom's GIs Register apply until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State, but the entry for the geographical indication must be marked to indicate that an appeal relating to an application to amend the product specification is pending.

Article 43c U.K. Appeals: applications to cancel geographical indications

1.   Where an appeal is made to the FTT relating to a decision of the Secretary of State to cancel the registration of a geographical indication and the Secretary of State has not removed the entry from the United Kingdom's GIs Register, the entry in the register is to be maintained but must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

2.   Where an appeal has been made to the FTT relating to a decision of the Secretary of State to cancel the protection of a geographical indication and the Secretary of State has removed the entry in the United Kingdom's GIs Register, the entry in the register is to be restored but must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.

3.   Where an appeal has been made to the FTT relating to a decision of the Secretary of State not to cancel the registration of a geographical indication, the entry in the United Kingdom's GIs Register relating to the geographical indication must be marked to indicate that an appeal relating to the cancellation of the entry is pending until the FTT has determined the appeal and any necessary consequent action or decision has been taken by the Secretary of State.”

PART 2 U.K. New Annex 2

“ANNEX 2 U.K. 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 24 to register a geographical indication	The persons are: (a) a person who submitted a notice of opposition in relation to the application in accordance with Article 27(1); (b) a person marketing a product that is, or may be, affected by the registration of the geographical indication.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to remove the entry relating to the geographical indication from the United Kingdom's GIs Register; (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 register a geographical indication	The persons are: (a) the person who submitted the application to register the geographical indication; (b) a person marketing a product that is, or may be, affected by the decision not to register the geographical indication.	Power to: (a) quash the decision and direct the Secretary of State to add an entry relating to the geographical indication to the United Kingdom's GIs Register; (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 31 to amend a product specification for a geographical indication	The persons are: (a) a person who submitted a notice of opposition in relation to the application in accordance with the procedure provided for in Article 27(1) (as it applies to an application to amend a product specification by virtue of Article 31(4)); (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; (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 31 to amend a product specification for a geographical indication	The persons are: (a) the person who submitted the application to amend the product specification; (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 direct the Secretary of State to replace the copy of the product specification attached to the United Kingdom's GIs Register with a copy of the amended product specification; (b) remit the matter to the Secretary of State for reconsideration and fresh decision.
Decision of the Secretary of State under Article 32, on the Secretary of State's own initiative, to cancel the registration of a geographical indication	The persons are: (a) a person who submitted a notice of opposition in relation to the proposed decision to cancel the geographical indication under Article 27(1) (as it applies to the cancellation of a geographical indication by virtue of the second subparagraph of Article 32(1)); (b) a person marketing a product that is, or may be, affected by the cancellation of the geographical indication.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to restore the entry for the geographical indication in the United Kingdom's GIs Register; (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 32 to cancel the registration of a geographical indication	The persons are: (a) a person who submitted a notice of opposition under Article 27(1) in relation to the request (as it applies to a request to cancel a geographical indication by virtue of the second subparagraph of Article 32(1)); (b) a person marketing a product that is, or may be, affected by the cancellation of the geographical indication.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to restore the entry for the geographical indication in the United Kingdom's GIs Register; (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 32 to cancel the registration of a geographical indication	The persons are: (a) the person who submitted the request to cancel the geographical indication; (b) a person marketing a product that is, or may be, affected by the decision not to cancel the geographical indication.	Power to: (a) quash the decision and (if appropriate) direct the Secretary of State to remove the entry relating to the geographical indication from the United Kingdom's GIs Register; (b) remit the matter to the Secretary of State for reconsideration and fresh decision.”]