The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020

PART 3 Amendment of domestic regulations

7.—(1) The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019(1) is amended as follows.

(2) In regulation 4(b), for “exit day” substitute “IP completion day”.

(3) In regulation 6, in the inserted text—

(a) after paragraph 2, insert—

“2A.   The following may appeal to the FTT against a decision of the Secretary of State to approve an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to approve the application.

2B.   The following may appeal to the FTT against a decision of the Secretary of State to reject an application made under Article 105 for an amendment to a product specification of a protected designation of origin or of a protected geographical indication—

(a) the person who submitted an application under Article 105 which is the subject of the appeal;

(b) a person marketing a product that is, or may be, affected by the decision to reject the application.

2C.   The following may appeal to the FTT against a decision of the Secretary of State (either on the Secretary of States’ own initiative or following a request) under Article 106 to cancel the protection of a designation of origin or geographical indication—

(a) the person who made a request for cancellation under Article 106 which is the subject of the appeal, if applicable;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State to cancel.

2D.   The following may appeal to the FTT against a decision of the Secretary of State, following a request under Article 106, not to cancel the protection of a designation of origin or geographical indication—

(a) the person who made the request for cancellation under Article 106;

(b) a person marketing a product that is, or may be, affected by the decision of the Secretary of State not to cancel.”;

(b) in paragraph 3, for “paragraph 1 or 2” substitute “paragraph 1, 2, 2A, 2B, 2C or 2D”;

(c) after paragraph 4(c), insert—

“(d) if it allows an appeal made under paragraph 2A—

(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 consideration of the application for amendment and (if appropriate) to restore the register in the meantime;

(e) if it allows an appeal made under paragraph 2B—

(i) quash the decision and direct the Secretary of State to approve the application; or

(ii) remit the matter to the Secretary of State with a direction to repeat the consideration of the application for amendment;

(f) if it allows an appeal made under paragraph 2C—

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

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

(g) if it allows an appeal made under paragraph 2D—

(i) quash the decision and direct the Secretary of State to cancel the protection of designation of origin or geographical indication; or

(ii) remit the matter to the Secretary of State with a direction to repeal the consideration of the cancellation.”;

(d) in paragraph 5, for “paragraph 1 or paragraph 2” substitute “paragraph 1, 2, 2A, 2B, 2C or 2D”;

(e) after paragraph 8 of Article 99a, insert—

“9.   An appeal made under paragraph 1, 2A or 2C does not prevent an entry recorded on the register provided for in Article 104 by the Secretary of State following that decision from having effect.

10.   The entry referred to in paragraph 9 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and—

(a) in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to restore the register, that action has been taken;

(b) in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.”;

(f) omit the words from “Article 99b” to the end of the regulation.

(4) Regulation 7 is revoked.

(1)

S.I. 2019/828.