Regulation (EU) No 251/2014 of the European Parliament and of the CouncilShow full title

Article 28 U.K. [F1 Power to make regulations]

1. In order to take account of the specific characteristics of the production in the demarcated geographical area, the [F2 Secretary of State may make regulations] concerning:

(a) criteria for the demarcation of the geographical area; and

(b) rules, restrictions and derogations related to the production in the demarcated geographical area.

2. In order to ensure product quality and traceability, the [F3 Secretary of State may make regulations] in order to establish the conditions under which product specifications may include additional requirements to those referred to in Article 10(2)(f).

3. In order to ensure the rights or legitimate interests of producers or operators, the [F4 Secretary of State may make regulations] in order to:

(a) determine the cases in which a single producer may apply for the protection of a geographical indication;

(b) determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication;

(c) establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the [F5 Secretary of State], the objection procedure, and procedures for amendment and cancellation of geographical indications;

(d) establish the conditions applicable to transborder applications;

(e) set the date of submission of an application or a request;

(f) set the date from which protection shall run;

[F6 (fa) amend Article 21(3) as regards the date from which protection runs;]

(g) establish the conditions under which an amendment is to be considered as minor as referred to in Article 24(2);

(h) set the date on which an amendment shall enter into force;

[F7 (ha) amend Article 21(5), (7) or (9) as regards the date on which an amendment enters into force;]

(i) establish the conditions relating to the applications for, and approval of, amendments to the product specification of a geographical indication protected under this Regulation, where such amendments do not involve any change to the single document referred to in point (d) of Article 10(1).

4. In order to ensure adequate protection, the [F8 Secretary of State may make regulations] concerning the restrictions regarding the protected name.

Textual Amendments

F1 Art. 28 heading substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(28)(a)

F2 Words in Art. 28(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), 21(28)(b)

F3 Words in Art. 28(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), 21(28)(c)

F4 Words in Art. 28(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), 21(28)(d)(i)

F5 Words in Art. 28(3)(c) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(28)(d)(ii)

F6 Art. 28(3)(fa) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(28)(d)(iii)

F7 Art. 28(3)(ha) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(28)(d)(iv)

F8 Words in Art. 28(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(28)(e)