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Article 97 Scrutiny by the Secretary of StateF4C1

United Kingdom

Original text. Later amendments are not shown.

1.

The F1Secretary of State shall make public the date of submission of the application for protection of the designation of origin or geographical indication.

2.

The F2Secretary of State shall examine whether the applications for protection as referred to in Article 94 meet the conditions laid down in this Subsection.

F33.

Where the Secretary of State considers that the conditions laid down in this Subsection are met, the Secretary of State must publish the single document referred to in point (d) of Article 94(1) in respect of the application concerned and the product specification referred to in Article 94(2).

4.

Where the Secretary of State considers that the conditions laid down in this Subsection are not met, the Secretary of State must reject the application and:

(a)

inform the applicant and any interested parties of the decision and the reasons for that decision;

(b)

provide information to the applicant and any interested parties of the right to appeal under Article 99a against the decision and the time period within which an appeal may be made; and

(c)

publish the decision and the reasons.

Annotations

Textual amendments

F1

Words in Art. 97(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 97(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 97(3)(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(4)

F4

Words in Art. 97 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Arts. 97-99 excluded (31.12.2020) by Regulation (EU) No. 33/2019, Art. 18(1b) (as substituted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(15)(a), Sch. 8 Pt. 2)