# Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks, Article 29: Scrutiny of a cancellation request

Extent: E+W+S+N.I.

1. If the Secretary of State does not deem the cancellation request to be inadmissible in accordance with Article 28(2), the Secretary of State shall communicate the cancellation request to ... the third-country authorities or the applicant ... and shall invite him to file observations within two months from the issuance date of such invitation. Any observations received within this two months period shall be communicated to the author of the request.
In the course of the examination of a cancellation request, the Secretary of State shall invite the parties to submit comments on the communications received from the other parties within a period of two months from the issuance date of such request.
2. If ... the third-country authorities or the applicant ... or the author of a cancellation request does not file any comments in response, or does not respect the time periods, the Secretary of State shall rule on the request.
3. A decision to cancel the protection of the traditional term concerned shall be taken by the Secretary of State on the basis of the evidence available to the Secretary of State. The Secretary of State shall consider whether the grounds referred to in Article 36 of Delegated Regulation (EU) 2019/33 are fulfilled.
...
3a. After making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:
(a) informing the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State and the reasons for that decision, and
(b) providing information about the right to appeal under Article 39a of Delegated Regulation (EU) 2019/33 against the decision and the period within which an appeal may be made.
4. Where multiple cancellation requests are lodged in respect of a traditional term and where it can be concluded from a preliminary examination of one or more such requests that it is no longer possible to continue to protect a traditional term, the Secretary of State may suspend the other cancellation procedures. The Secretary of State shall notify the parties that submitted the other cancellation requests of any decision affecting them which was taken in the course of the procedure.
Where a decision cancelling a traditional term is adopted, cancellation procedures which have been suspended shall be deemed to be closed and the authors of the cancellation requests in question shall be duly informed.
5. Where the Secretary of State publishes a notice under paragraph 3a relating to a decision of the Secretary of State to cancel a traditional term, the Secretary of State must remove the name from the register as soon as possible after the notice period for the notice has expired,, while maintaining a record of the cancellation. The cancellation takes effect immediately after the name of the traditional term is removed from the register.

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Source: https://www.legislation.gov.uk/eur/2019/34/article/29 (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-34/article-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.