Article 52 Decision on registration

United Kingdom

Where, on the basis of the information available to the F1Secretary of State from the scrutiny carried out pursuant to the first subparagraph of Article 50(1), the Secretary of State considers that the conditions for registration are not fulfilled, F2the Secretary of State must reject the application. F3...

If the F4Secretary of State receives no notice of opposition or no admissible reasoned statement of opposition under Article 51, F5the Secretary of State must register the name.

If the F6Secretary of State receives an admissible reasoned statement of opposition, F7the Secretary of State shall, following the appropriate consultations referred to in Article 51(3), and taking into account the results thereof, either:

(a)

if an agreement has been reached, register the name F8...; or

(b)

if an agreement has not been reached, F9decide whether to register the name.

F104.

After making a decision under this Article, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:

(a)

a notice:

(i)

informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and

(ii)

providing information about the right to appeal under Article 54a against the decision and the period within which an appeal may be made, and

(b)

where the application is approved, a copy of the approved product specification.

(5.)

An implementing act to which paragraph 6 applies is revoked.

(6.)

This paragraph applies to an implementing act adopted by the European Commission under Article 52 of EU Regulation 1151/2012 and incorporated into domestic law by section 3(1) of the EUWA.

Annotations

Textual amendments

F1: Words in Art. 52(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(a)(i)
F2: Words in Art. 52(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(a)(ii)
F3: Words in Art. 52(1) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(a)(iii)
F4: Words in Art. 52(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(b)(i)
F5: Words in Art. 52(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(b)(ii)
F6: Words in Art. 52(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(c)(i)(aa)
F7: Words in Art. 52(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(c)(i)(bb)
F8: Words in Art. 52(3)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(c)(ii)
F9: Words in Art. 52(3)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(c)(iii)
F10: Art. 52(4)-(6) substituted for Art. 52(4) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(49)(d)