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

Prospective

Regulation 15

[X1 SCHEDULE 4 U.K. Regulation (EU) 2019/787 of the European Parliament and of the Council: new provisions

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.

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.”]