Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilShow full title

[F1 ANNEX 1B U.K. APPEALS

Textual Amendments

F1 Annex 1B inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(60), Sch. 2 Pt. 7

PART 1 U.K. Interpretation

In the table in Part 2, ‘a valid notice of opposition’ means a notice of opposition that contains the declaration required by the second subparagraph of Article 51(1).

PART 2 U.K. Appellants and powers of the FTT on appeal

Column 1Decision	Column 2Persons who may appeal against the decision	Column 3FTT powers
Decision of the Secretary of State to approve an application submitted under Article 49 to register a designation of origin, geographical indication or traditional speciality guaranteed.	The persons are: (a) a person who lodges a valid notice of opposition in relation to the application under Article 51(1); (b) a person marketing a product that is, or may be, affected by the registration of the designation of origin, geographical indication or traditional speciality guaranteed.	Power to: (a) quash the decision and direct the Secretary of State to: (i) remove the entry for the protected designation of origin, protected geographical indication or traditional speciality guaranteed from the relevant register, and (ii) remove the copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed attached to the relevant register, or (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 49 to register a designation of origin, geographical indication or traditional speciality guaranteed.	The persons are: (a) the person who submitted the application; (b) a person marketing a product that is, or may be, affected by the decision not to register the designation of origin, geographical indication or traditional speciality guaranteed.	Power to: (a) quash the decision and direct the Secretary of State to register the designation of origin, geographical indication or traditional speciality guaranteed by: (i) making an entry for the designation of origin, geographical indication or traditional speciality guaranteed in the relevant register, recording the data specified in Article 14(1) of Implementing Regulation (EU) 668/2014 in the relevant register, and (ii) attaching a copy of the product specification for the designation of origin, geographical indication or traditional speciality guaranteed to the register, or (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 53 to amend a product specification for a protected designation of origin, protected geographical indication or traditional speciality guaranteed.	The persons are: (a) a person who lodges a valid notice of opposition under Article 51(1) in relation to the application (as it applies to an application to amend a product specification by virtue of Article 53(2)); (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 and (as appropriate) direct the Secretary of State to: (i) restore the data in the entry for the protected designation of origin, protected geographical indication or traditional speciality guaranteed in the relevant register; (ii) remove the copy of the amended product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed attached to the relevant register and replace it with a copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed that was attached to the relevant register immediately before the Secretary of State decided to approve the application, or (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 53 to amend a product specification for a protected designation of origin, protected geographical indication or traditional speciality guaranteed.	The persons are: (a) the person who submitted the application; (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 (as appropriate) direct the Secretary of State: (i) in the case of an amendment to the product specification that is not a temporary amendment: (aa) to make such change to the data in the entry for the protected designation of origin, protected geographical indication or traditional speciality guaranteed in the relevant register as the amendment to the product specification may entail, and (bb) to replace the copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed attached to the relevant register with a copy of the amended product specification, or (ii) in the case of a temporary amendment to the product specification, to make an appropriate entry relating to the temporary amendment to the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed in the relevant register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision.
Decision of the Secretary of State under Article 54, on the Secretary of State's own initiative, to cancel the registration of a protected designation of origin, protected geographical indication or traditional speciality guaranteed.	The persons are: (a) a person who lodges a valid notice of opposition under Article 51(1) in relation to the proposed decision (as it applies to the cancellation of a protected designation of origin, protected geographical indication or traditional speciality guaranteed by virtue of Article 7(1) and (4) of Regulation 664/2014); (b) a person marketing a product that is, or may be, affected by the cancellation of the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed.	Power to: (a) quash the decision and direct the Secretary of State to: (i) restore the entry for the protected designation of origin, protected geographical indication or traditional speciality guaranteed in the relevant register, and (ii) reattach to the relevant register a copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed that was attached to that register immediately before the Secretary of State decided to cancel the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed, or (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 54 to cancel the registration of a protected designation of origin, protected geographical indication or traditional speciality guaranteed.	The persons are: (a) a person who lodges a valid notice of opposition under Article 51(1) in relation to the request (as it applies to a request to cancel the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed by virtue of Article 7(1) and (4) of Regulation 664/2014); (b) a person marketing a product that is, or may be, affected by the cancellation of the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed.	Power to: (a) quash the decision and direct the Secretary of State to: (i) restore the entry for the protected designation of origin, protected geographical indication or traditional speciality in the relevant register, and (ii) reattach to the relevant register a copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed that was attached to that register immediately before the Secretary of State decided to cancel the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed, or (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 54 to cancel the registration of a protected designation of origin, protected geographical indication or traditional speciality guaranteed.	The persons are: (a) the person who submitted the request; (b) a person marketing a product that is, or may be, affected by the decision not to cancel the registration of the protected designation of origin, protected geographical indication or traditional speciality guaranteed.	Power to: (a) quash the decision and direct the Secretary of State to: (i) remove the entry for the protected designation of origin, protected geographical indication or traditional speciality guaranteed from the relevant register, and (ii) remove the copy of the product specification for the protected designation of origin, protected geographical indication or traditional speciality guaranteed attached to the relevant register, or (b) remit the matter to the Secretary of State for reconsideration and fresh decision.]