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

PART 2 New Annex 2

“ANNEX 2 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.”