CHAPTER III

TRADITIONAL TERMS
SECTION 1

Applications for protection and examination procedure

Scrutiny by the Secretary of State
Article 28
1
The date of submission of an application for protection of a traditional term shall be the date on which the application is received by the Secretary of State.
2
The Secretary of State shall examine whether the application for protection meets the conditions laid down in this Chapter.
3
Where the Secretary of State considers that the conditions laid down in Articles 26 and 27 are met, the Secretary of State must publish the application in such manner as appears appropriate to the Secretary of State from time to time.
4
If an application for the protection of a traditional term does not meet the conditions laid down in this Chapter, the Secretary of State shall inform the applicant of the grounds for refusal, setting a deadline for the withdrawal or modification of the application or for the submission of comments.
5
If the obstacles are not remedied by the applicant within the deadline referred to in paragraph 4, the Secretary of State must reject the application.
6
After making a decision to reject an application under paragraph 5, the Secretary of State must publish a notice in such manner as appears appropriate to the Secretary of State from time to time:
a
informing the applicant and the public of the decision made in relation to the application and the reasons for that decision, and
b
providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made.
7
An implementing act to which paragraph 8 applies is revoked.
8
This paragraph applies to an implementing act adopted by the European Commission under Article 28 of EU Regulation 2019/33 and incorporated into domestic law by section 3(1) of the EUWA.
Words in 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), 26(26)(a)
Art. 28(6)-(8) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(26)(f)
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), 26(26)(c)(i)
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), 26(26)(c)(ii)
Words in Art. 28(5) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(26)(e)
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), 26(26)(b)
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), 26(26)(b)
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), 26(26)(d)