The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019

Amendment of Regulation (EU) No 1308/2013

6.  After Article 99, insert—

“Article 99a Appeals

1.   The following may appeal to the First-tier Tribunal (the “FTT”) against a decision of the Secretary of State to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) a person who submitted a statement in accordance with Article 98;

(b) a person marketing a product that is, or may be, affected by the registration of the designation of origin or geographical indication.

2.   The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 94 for protection of a name as a designation of origin or geographical indication:

(a) the person who submitted the application for protection;

(b) a person marketing a product that is, or may be, affected by the decision not to register the designation of origin or geographical indication.

3.   In determining an appeal under paragraph 1 or 2 the FTT:

(a) must consider the decision appealed against afresh, and

(b) may take into account evidence that was not available to the Secretary of State.

4.   The FTT may:

(a) dismiss the appeal,

(b) if it allows an appeal made under paragraph 1:

(i) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application and (if appropriate) to restore the register in the meantime; or

(c) if it allows an appeal made under paragraph 2:

(i) quash the decision and direct the Secretary of State to approve the application and register the designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.

5.   The Secretary of State may consider a decision mentioned in paragraph 1 or paragraph 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 to the FTT 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, 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.

8.   If the Secretary of State makes the same decision again, the appeal to the FTT restarts. If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

Article 99b Appeals: effect of appeal

1.   Where an appeal is made to the FTT relating to a decision to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication, and the Secretary of State has made an entry in the register provided for in Article 104 as a result of that decision, the entry in the register is to be maintained but is in suspense and must be marked to indicate that it is in suspense 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 is made to the FTT relating to a decision to approve an application made under Article 94 for protection of a name as a designation of origin or geographical indication, and the Secretary of State has not made an entry in the register provided for in Article 104 as a result of that decision, 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.”.