For the purposes of Article 105 of Regulation (EU) No 1308/2013 amendments to a product specification are classified into two categories as regards their importance: amendments requiring an objection procedure F1under Article 98 of Regulation (EU) No 1308/2013, as applied to applications for amendments by Article 15 (‘non-standard amendments’), and amendments that do not (‘standard amendments’). Standard amendments for a product specification for a protected designation of origin or protected geographical indications relating to an area in a third country are to be dealt with at F2... third country level (‘F3third country standard amendments’).

Applications for F7non-standard amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in that third country.

All other amendments are considered standard amendments.

A UK standard amendment is a standard amendment of a product specification for a designation of origin or geographical indication relating to a geographical area in the United Kingdom.

A third country standard amendment is a standard amendment of a product specification for a designation of origin or geographical indication relating to a geographical area in a third country.

F12A third country temporary amendment is a standard amendment concerning a temporary change in the product specification F13for a designation of origin or geographical indication relating to a geographical area in a third country resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities F14of the third country or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities F14of the third country.

An application for approval of a F16non-standard amendment to a product specification, as defined in Article 14 of this Regulation, shall follow the procedure laid down in Article 94 and Articles F1797 to 99 of Regulation (EU) No 1308/2013, in Sections 1, 2 and 3 of Chapter II of this Regulation and in Sections 1, 2 and 3 of Chapter II of Implementing Regulation (EU) 2019/34 mutatis mutandis.

Where, based on the examination carried out pursuant to Article 97(2) of Regulation (EU) No 1308/2013, the F18Secretary of State considers that the conditions required under Article 97(3) of that Regulation are met, F19the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, the application for a non-standard amendment referred to in Article 9(1) of Implementing Regulation (EU) 2019/34 F20....  F21The Secretary of State, taking into account any admissible objection that has been lodged, must decide whether to approve or reject the application.

An application for approval of F22non-standard amendments shall contain F22non-standard amendments exclusively. If an application for F22non-standard amendments also contains standard or temporary amendments the procedure for F22non-standard amendments shall apply only to the F22non-standard amendments. The standard or temporary amendments shall be deemed as not submitted.

In examining the applications for amendment, the F23Secretary of State shall focus on the proposed amendments.

Applications for approval of a F25non-standard amendment to a product specification are considered admissible if they are submitted in accordance with Article 105 of Regulation (EU) No 1308/2013 and with Article 3 and Article 9(2) of Implementing Regulation (EU) 2019/34 mutatis mutandis, and if they are duly completed.

An application for approval of a F25non-standard amendment to a product specification shall be considered to be duly completed where it is comprehensive and exhaustive and where it complies with the requirements set out in Article 2 and Article 9(1) of Implementing Regulation (EU) 2019/34.

The approval by the F26Secretary of State of an application for approval of a F27non-standard amendment to a product specification shall only cover the amendments submitted in the application itself.

If the application is considered inadmissible, the F28applicant or, in the case of a third country application, the applicant established in, or the competent authorities of, the third country, shall be informed of the reasons for the inadmissibility.

F29UK standard amendments must be approved by the Secretary of State and made public in such manner as appears appropriate to the Secretary of State from time to time.

Applications for approval of a F30UK standard amendment to a product specification shall be submitted to the F31Secretary of State. Applicants shall satisfy the conditions laid down in Article 95 of Regulation (EU) No 1308/2013. If the application for approval of a F30UK standard amendment to a product specification does not come from the applicant which had submitted the application for protection of the name or names to which the product specification refers, the F32Secretary of State shall give that applicant the opportunity to comment on the application, if that applicant still exists.

The application for a F33UK standard amendment shall provide a description of the standard amendments, provide a summary of the reasons for which the amendments are required and demonstrate that the proposed amendments qualify as standard in accordance with Article 14 of this Regulation.

Where the F34Secretary of State considers that the requirements of Regulation (EU) No 1308/2013 and the provisions adopted pursuant thereto are met, F35the Secretary of State may approve F36the UK standard amendment. The approval decision shall include the modified consolidated single document, where relevant, and the modified consolidated product specification.

F37...

Decisions approving F39third country standard amendments F40... shall be taken in accordance with the system in force in the third country concerned and shall be communicated to the F41Secretary of State by a single producer within the meaning of Article 3 or a group of producers having a legitimate interest, either directly to the F41Secretary of State or via the authorities of that third country, not later than one month following the date they are made public.

The communication of F42third country standard amendments shall be considered to be duly completed when it complies with Article 10 of Implementing Regulation (EU) 2019/34.

In the event that the F43third country standard amendment implies a modification of the single document, the F44Secretary of State shall publish the description of the standard amendment referred to in Article 10 of Implementing Regulation (EU) 2019/34 and the modified single document in F45such manner as appears appropriate to the Secretary of State from time to time within three months from the date on which the communication is received from the F46... third country or third country single producer or group of producers.

In the event that the F47third country standard amendment does not imply a modification of the single document, the F48Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time, the description of the standard amendment within three months from the date on which the communication is received from the F49... third country or applicant established in the third country.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If the geographical area covers more than F51the United Kingdom, the Secretary of State shall apply the procedure for standard amendments separately for the part of the area which falls within F52the United Kingdom and, in relation to the part of the area that does not fall within the United Kingdom, the procedure in paragraph 3 applies. F53... The F54authority of the third country approving the standard amendment shall send the F55Secretary of State the communication referred to in paragraph 4 not later than one month following the date on which its decision approving the standard amendment is made public.

F56...

F57If a geographical area covers more than the United Kingdom and the national decision necessary in relation to the part of the area in a third country is not taken or adopted by the authority of the third country, an application in relation to that part of the area may be submitted under the non-standard amendment procedure.

If a geographical area covers areas in two or more third countries and a national decision in relation to part of an area in a third country is not taken or adopted by the authority of the third country, an application in respect of the amendment in relation to the geographical area as a whole may be submitted under the non-standard amendment procedure.

Paragraphs 1a to 1n apply to an application for a UK temporary amendment to a product specification for a protected designation of origin or protected geographical indication (‘a UK temporary amendment application’).

A UK temporary amendment application must be made to the Secretary of State.

The procedures laid down in Articles 94 and 97 to 99 of Regulation (EU) No 1308/2013 do not apply to a UK temporary amendment application.

A UK temporary amendment application may be made by a group of producers having a legitimate interest in the relevant protected designation of origin or protected geographical indication unless the application to register the designation of origin or geographical indication was made by a single applicant, in which case the temporary amendment application may be made by that person.

If a UK temporary amendment application is not made by the original (protection) applicant, the Secretary of State must give the original (protection) applicant the opportunity to make comments on the application if that applicant still exists.

A UK temporary amendment application that does not comply with paragraph 1e is inadmissible.

Where a UK temporary amendment application is inadmissible, the Secretary of State must inform the applicant that the application is inadmissible as soon as reasonably practicable after receiving the application.

The Secretary of State may approve a UK temporary amendment application if the Secretary of State considers that a temporary amendment to the product specification is appropriate.

Where a UK temporary amendment application is approved, the Secretary of State must specify the period during which the temporary amendment is to apply.

The period during which an approved temporary amendment is to apply may be specified by reference to a set period of time or may be specified by reference to the happening of a specified event.

The Secretary of State, in deciding the period for which an approved temporary amendment is to apply, must take into account the conditions prevailing at the time the decision to approve the application is taken and, where possible, the period for which the Secretary of State anticipates that those conditions will continue.

The Secretary of State may, on an application by a group of producers or single applicant who made a UK temporary amendment application under paragraph 1a, as read with paragraph 1c, extend the period during which a relevant approved temporary amendment is to apply on one or more occasions if the Secretary of State considers that it is appropriate to do so having regard to the conditions prevailing at the time that decision is made.

Where a UK temporary amendment application is approved and the period during which the temporary amendment is to apply is extended, the Secretary of State must, on each occasion the period is extended, publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the applicant, the original (protection) applicant (if different) and the public that the period has been extended and the reasons for that decision and specifying the extended period during which the temporary amendment is to apply.

Where the geographical area covers F59areas in the United Kingdom and a third country, or areas in more than one third country, the procedure for temporary amendment applies separately in F60relation to the United Kingdom and the third country concerned, or in the respective third countries concerned, for the part of the area which falls within their territory. F61... F62Paragraph 3 applies in relation to the communication of the decision of the authorities of the third country, or each third country, approving the temporary amendment F63... F64...

F65Third country temporary amendments F66... shall be communicated to the F67Secretary of State, together with the reasons supporting the temporary amendments, by a single producer within the meaning of Article 3 or a group of producers having a legitimate interest, either directly or via the authorities of that third country, not later than one month following their approval.

The communication of F68third country temporary amendments shall be considered to be duly completed when it contains all the elements referred to in Article 11 of Implementing Regulation (EU) 2019/34.

The F69Secretary of State must, within three months from the date on which the communication is received from the F70... third country or third country single producer or group of producers F71publish a notice, in such manner as appears appropriate to the Secretary of State from time to time, providing the public with details of the third country temporary amendment and the period during which that temporary amendment is to apply. F72...