Article 30 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 26(1), the Secretary of State considers that the conditions for the registration of a proposed geographical indication are not fulfilled, F2the Secretary of State shall inform the F3applicant or the authorities of the third country concerned of the reasons for rejection and shall give F4the applicant or the authorities, as applicable, two months to submit observations. If the F5Secretary of State receives no observations or if, despite the observations received, F6the Secretary of State still considers that the conditions for registration are not fulfilled F7the Secretary of State must reject the application unless the application is withdrawn. F8...

If the F9Secretary of State receives no notice of opposition or no admissible reasoned statement of opposition under Article 27, F10the Secretary of State must to register the name F11in Great Britain's GIs Register.

If the F12Secretary of State receives an admissible reasoned statement of opposition, F13the Secretary of State shall, following the appropriate consultations referred to in Article 27(3), and taking into account the results thereof, either:

(a)

if an agreement has been reached, register the name F14in Great Britain's GIs Register and, if necessary, amend the information published pursuant to Article 26(2) provided such amendments are not substantial; or

(b)

if an agreement has not been reached, F15decide whether to register the name, and, if the Secretary of State decides to do so, register the name in Great Britain's GIs Register.

F16...

The act of registration F17under paragraph 5a shall grant the protection referred to in Article 21 to the geographical indication.

F185.

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 43 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.

F195a.

Where the Secretary of State publishes a notice under paragraph 5 giving notice of the Secretary of State’s decision to register a geographical indication, the Secretary of State must as soon as possible after the notice period has expired:

(a))

record the relevant data relating to the geographical indication in the register, and

(b))

attach a copy of the product specification for the geographical indication to the register.

5b.

An entry for a geographical indication added to the register pursuant to paragraph 5a(a), and the provisions in the product specification attached to the register pursuant to paragraph 5a(b), take effect in relation to the registration of a geographical indication immediately after:

(a))

the entry has been made in the register, and

(b))

the product specification has been attached to the register.

An implementing act to which paragraph 7 applies is revoked.

This paragraph applies to an implementing act adopted by the European Commission under Article 30 of EU Regulation 2019/787 and incorporated into domestic law by section 3(1) of the EUWA.

F208.

In this Article:

(a))

‘notice period’ means the period of 20 days from the day on which the notice referred to in paragraph 5 is published, beginning with the day on which the notice is published;

(b))

the reference to ‘the relevant data’ in paragraph 5a(a) means the product category, the geographical indication and the country of origin.

Annotations

Textual amendments

F1: Words in Art. 30(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), 28(20)(a)(i)(aa)
F2: Words in Art. 30(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), 28(20)(a)(i)(bb)
F3: Words in Art. 30(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), 28(20)(a)(i)(cc)
F4: Words in Art. 30(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), 28(20)(a)(i)(dd)
F5: Words in Art. 30(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), 28(20)(a)(ii)(aa)
F6: Words in Art. 30(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), 28(20)(a)(ii)(bb)
F7: Words in Art. 30(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), 28(20)(a)(ii)(cc)
F8: Words in Art. 30(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), 28(20)(a)(iii)
F9: Words in Art. 30(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), 28(20)(b)(i)
F10: Words in Art. 30(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), 28(20)(b)(ii)
F11: Words in Art. 30(2) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(20)(b)(iii)
F12: Words in Art. 30(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), 28(20)(c)(i)(aa)
F13: Words in Art. 30(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), 28(20)(c)(i)(bb)
F14: Words in Art. 30(3)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(20)(c)(ii)
F15: Words in Art. 30(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), 28(20)(c)(iii)
F16: Words in Art. 30(4) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(a)(i)
F17: Words in Art. 30(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(a)(ii)
F18: Art. 30(5)-(7) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(20)(d)
F19: Art. 30(5a)(5b) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(b)
F20: Art. 30(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 10(4)(c)