CHAPTER II

PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
SECTION 4

Cancelling a protected designation of origin or geographical indication

Cancellation procedure
Article 19
Requests to cancel a protected designation of origin or geographical indication, as referred to in Article 106 of Regulation (EU) No 1308/2013, shall follow the procedure laid down in Article 94 and Articles 97 to 99 of that Regulation together with provisions of Sections 1, 2 and 4 of Chapter II of this Regulation and of Sections 1, 2, 4 and 5 of Chapter II of Implementing Regulation (EU) 2019/34 mutatis mutandis.
The Secretary of State shall publish the cancellation request referred to in Article 13 of Implementing Regulation (EU) 2019/34 in such manner as appears appropriate to the Secretary of State from time to time .

Grounds for cancellation
Article 20
For the purposes of Article 106 of Regulation (EU) No 1308/2013 compliance with the product specification shall also be deemed not to be ensured where no product bearing the protected name has been placed on the market for at least seven consecutive years.

Admissibility of cancellation requests
Article 21
1
For the purpose of Articles 106 of Regulation (EU) No 1308/2013 a substantiated cancellation request shall be admissible where:
a
the cancellation request complies with the requirements set out in Article 13(1) of Implementing Regulation (EU) 2019/34; and
b
the cancellation request is based on the grounds referred to in Article 106 of Regulation (EU) No 1308/2013.
2
Where the Secretary of State considers that the cancellation request is not admissible the Secretary of State shall inform the ... third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.
3
Substantiated statements of objection to cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name.
Word in Art. 19 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(16)(a)
Words in Art. 19 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(16)(b)(i)
Words in Art. 19 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(16)(b)(ii)
Words in Art. 21(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(17)(a)
Words in Art. 21(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(17)(b)
Words in Art. 21(2) 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), 26(17)(c)