The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019

PART 2 New Annex 8

“ANNEX 8 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.”