# The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019, Part 6: New Annex 4


“ANNEX 4
APPEALS
Decision
Persons who may appeal against the decision
FTT powers
Decision of the Secretary of State to approve an application made under Article 11 or 13a to register a geographical indication
The persons are:
(a) a person who lodged a duly substantiated statement of opposition under Article 15;
(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 reject the application and (if appropriate) restore the register;
(b) 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.
Decision of the Secretary of State to reject an application made under Article 11 or 13a 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 register the geographical indication;
(b) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.
Decision of the Secretary of State to approve an application made under Article 24 to amend a product specification for a protected geographical indication
The persons are:
(a) in relation to the approval of an application to which the first sentence of Article 24(2) applies, a person who lodged a duly substantiated statement of opposition under Article 15 as read with Article 24(2);
(b) in relation to the approval of any application under Article 24(2), a person marketing a product that is, or may be, affected by the amendment of the product specification.
Power to:
(a) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register;
(b) 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.
Decision of the Secretary of State to reject an application made under Article 24 to amend a product specification for a protected 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 to reject the application to amend the product specification.
Power to:
(a) quash the decision and direct the Secretary of State to approve the application and update the register;
(b) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.
Decision of the Secretary of State under Article 25 to cancel the registration of a protected geographical indication on the Secretary of State’s initiative
The persons are:
(a) a person who lodged a duly substantiated statement of opposition under Article 15 as read with the second paragraph of Article 25;
(b) a person marketing a product that is, or may be, affected by the cancellation of the registration of the protected geographical indication.
Power to:
(a) quash the decision and (if appropriate) direct the Secretary of State to restore the register;
(b) remit the matter to the Secretary of State with a direction to repeat the scrutiny relating to the cancellation of the registration and (if appropriate) to restore the register in the meantime.
Decision of the Secretary of State to approve an application made under Article 25 to cancel the registration of a protected geographical indication
The persons are:
(a) a person who lodged a duly substantiated statement of opposition under Article 15 as read with the second paragraph of Article 25;
(b) a person marketing a product that is, or may be, affected by the cancellation of the registration of the protected geographical indication.
Power to:
(a) quash the decision and direct the Secretary of State to reject the application and (if appropriate) restore the register;
(b) 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.
Decision of the Secretary of State to reject an application made under Article 25 to cancel the registration of a protected geographical indication
The persons are:
(a) the person who submitted the application to cancel the registration of the protected geographical indication;
(b) a person marketing a product that is, or may be, affected by the decision not to cancel the registration of the protected geographical indication.
Power to:
(a) quash the decision and direct the Secretary of State to cancel the registration;
(b) remit the matter to the Secretary of State with a direction to repeat the scrutiny of the application.
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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111181249/schedule/3/part/6 (the official version)
Page: https://openlegislation.uk/draft-food-and-drink-veterinary-medicines-and-residues-amendment-etc-eu-exit-regulations-2019/schedule-3/part-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.