The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

PART 4 U.K. Article 21: new paragraphs 2 to 10

Commencement Information

I1 Sch. 4 Pt. 4 in force at 31.12.2020, see reg. 1(7)

“2.   Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to confer protection on a geographical indication, the Secretary of State must, as soon as possible after the notice period for the notice has expired:

(a) record the following data in the register:

(i) the registered name (or names) of the product;

(ii) the date of protection;

(iii) an indication that the name is protected as a geographical indication;

(iv) an indication of the permitted country or countries of origin;

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

3.   An entry for a geographical indication recorded in the register pursuant to paragraph 2(a) confers the protection provided for in Article 20 and that protection runs from immediately after:

(a) the entry is recorded in the register, and

(b) the product specification referred to in paragraph 2(b) has been attached to the register.

4.   Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the amendment includes a change that affects the information recorded in the register for the geographical indication pursuant to paragraph 2, the Secretary of State must as soon as possible after the notice period for the decision notice has expired:

(a) delete the original data, and record the new data, in the register, and

(b) replace the copy of the product specification attached to the register with a copy of the approved amended product specification.

5.   The new data recorded in the register pursuant to paragraph 4(a) and the provisions in the approved amended product specification attached to the register pursuant to paragraph 4(b) come into force immediately after:

(a) the new data is recorded in the register, and

(b) the copy of the amended product specification is attached to the register.

6.   Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve an amendment to a product specification for a geographical indication that is not minor and the change in the product specification does not affect the information recorded in the register pursuant to paragraph 2, the Secretary of State must replace the copy of the product specification attached to the register with a copy of the approved amended product specification as soon as possible after the notice period for the decision notice has expired.

7.   The approved amended product specification attached to the register pursuant to paragraph 6 comes into force immediately after it is attached to the register.

8.   Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to approve a change in a product specification for a geographical indication that is minor, the Secretary of State must replace the copy of the product specification attached to the register with a copy of the approved amended product specification as soon as possible after the notice period for the notice has expired.

9.   The approved amended product specification attached to the register pursuant to paragraph 8 comes into force immediately after it is attached to the register.

10.   Where the Secretary of State publishes a decision notice giving notice of the Secretary of State's decision to cancel the protection of a geographical indication, the Secretary of State must delete the entry relating to the geographical indication in the register as soon as possible after the notice period for the cancellation decision notice has expired. The cancellation takes effect immediately after the entry is removed from the register.”