Commission Implementing Regulation (EU) 2019/34
of 17 October 2018
laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 110(1)(b), (c) and (e), Article 110(2), Article 111, Article 115(1) and Article 123 thereof,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(2), and in particular Article 90(4) thereof,
Whereas:
(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007(3). Sections 2 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 lay down rules on designations of origin, geographical indications, traditional terms and labelling and presentation in the wine sector. Those Sections 2 and 3 also empower the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the wine market in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace the provisions of Commission Regulation (EC) No 607/2009(4) which is repealed by Commission Delegated Regulation (EU) 2019/33(5).
(2) Experience gained from the application of Regulation (EC) No 607/2009 has demonstrated that the current procedures for the registration, amendment and cancellation of designations of origin and geographical indications can be intricate, burdensome and time consuming. Regulation (EU) No 1308/2013 has created legal vacuums, in particular as regards the procedure to be followed in applications to amend product specifications. Rules of procedure concerning designations of origin and geographical indications in the wine sector are inconsistent with the rules applicable to quality schemes in the foodstuffs, spirit drinks and aromatised wines sectors of Union law. This gives rise to inconsistencies in how this category of intellectual property rights is implemented. These discrepancies should be addressed in light of the right to protection of intellectual property established in Article 17(2) of the Charter of Fundamental Rights of the European Union. This Regulation should therefore simplify, clarify, complete and harmonise the relevant procedures. Procedures should be modelled as far as possible on the efficient and well tested procedures for protecting intellectual property rights relating to agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council(6), Commission Delegated Regulation (EU) No 664/2014(7) and Commission Implementing Regulation (EU) No 668/2014(8), and adapted to take account of the specificities of the wine sector.
(3) Designations of origin and geographical indications are intrinsically linked to the territory of Member States. National and local authorities have the best expertise and knowledge of the relevant facts. This should be reflected in the relevant procedural rules, having regard to the principle of subsidiarity set out in Article 5(3) of the Treaty on European Union.
(4) In the interest of clarity, certain steps of the procedure governing an application for protection of a designation of origin or geographical indication in the wine sector should be set out in detail.
(5) Additional rules on joint applications concerning more than one national territory should be laid down.
(6) In order to have uniform and comparable single documents, it is necessary to specify the minimum content that should be provided in those documents. In the case of designations of origin, particular emphasis should be placed on the description of the link between the quality and characteristics of the product and the particular geographical environment. In the case of geographical indications, particular emphasis should be placed on defining the link between a specific quality, reputation or other characteristics and the geographical origin of the product.
(7) The demarcated geographical area of designations of origin and geographical indications for which protection is sought should be described in the product specification in a detailed, precise and unequivocal way that enables producers, competent authorities and control bodies to operate on certain, conclusive and reliable bases.
(8) In order to ensure the smooth functioning of the system, it is necessary to establish uniform rules concerning the rejection step of the procedure applying to applications for protection. Uniform rules are also required concerning the content of the applications for Union amendments, standard amendments and temporary amendments and concerning the content of the cancellation requests.
(9) For the sake of legal certainty, deadlines concerning the objection procedure should be fixed and criteria for the identification of the starting dates of those deadlines should be established.
(10) In order to ensure that uniform and efficient procedures are in place, forms for submitting applications, objections, amendments and cancellations should be provided.
(11) To ensure transparency and uniformity across Member States, it is necessary to adopt rules on the content and the form of the electronic register of protected designations of origin and protected geographical indications, established under Article 104 of Regulation (EU) No 1308/2013 (‘the register’). The register is an electronic database stored within an information system, and is accessible to the public. All data related to protected designations of origin and protected geographical indications present in the earlier register established in the electronic database ‘e-Bacchus’, referred to in Article 18 of Regulation (EC) No 607/2009, should be entered in the register on the date of entry into force of this Regulation.
(12) Existing rules on the reproduction of the Union symbol for protected designations of origin and protected geographical indications for agricultural products and foodstuffs, laid down in Implementing Regulation (EU) No 668/2014 should be replicated to enable consumers to recognise wine bearing a protected designation of origin or protected geographical indication.
(13) The added value of a protected designation of origin or a protected geographical indication is based on the value guarantees given to consumers. The scheme is only credible if it is accompanied by effective verification, control and auditing which includes a system of checks at all stages of production, processing and distribution, managed by the competent authorities designated by Member States in accordance with Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council(9). In this context, it is necessary to have regard to the rules on checks, controls and audits provided for in Regulation (EC) No 882/2004 and adapt them for protected designations of origin and protected geographical indications operations in the wine sector.
(14) Rules should be established in respect of checks to be carried out on wines bearing a protected designation of origin or a protected geographical indication relating to a geographical area in a third country.
(15) The accreditation of control bodies should take place in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council(10) and should comply with International standards developed by the European Committee for Standardisation (CEN) and by the International Organisation for Standardisation (ISO). Accredited control bodies should comply with those standards in their operations.
(16) In order to allow Cyprus sufficient time to adapt and align its control system with the provisions of Regulation (EC) No 765/2008, it is appropriate to grant it an exemption from the requirement to comply with the ISO standards for certification bodies for a period of two years from the date of entry into force of this Regulation.
(17) Member States should be authorised to charge a fee to operators to cover the costs incurred for the establishment and operation of the control system.
(18) In order to ensure consistency across Member States in how the names included in the register are protected against unfair uses and in how practices liable to mislead consumers are prevented, uniform conditions should be laid down concerning the actions to be implemented at Member States level in that regard.
(19) Member States should communicate the names and addresses of the competent authorities and control bodies to the Commission. To facilitate coordination and cooperation among the Member States with regard to the control systems in place for protected designations of origin and protected geographical indications, the Commission should make those names and addresses public. The competent authorities of third countries should send information to the Commission on the controls in force in those countries for names which benefit from protection in the Union with a view to checking the uniformity of the control system.
(20) For the sake of clarity, transparency and in the interest of ensuring uniform application of Union law, it is necessary to lay down specific technical provisions concerning the nature and the content of the checks to be carried out on an annual basis in addition to rules on cooperation between Member States in that regard, in particular by referring to the provisions of Commission Delegated Regulation (EU) 2018/273(11).
(21) To ensure that traditional terms for which protection is sought meet the conditions laid down in Regulation (EU) No 1308/2013, and in the interest of providing legal certainty, it is necessary to establish detailed rules on the procedures concerning applications for protection, objection, modification or cancellation of traditional terms of certain grapevine products. These rules should specify details as regards the content of the application as well as in relation to the relevant additional information and supporting documents required, the deadlines to be respected and communications between the Commission and the parties involved in each procedure.
(22) In order to allow consumers and trade operators to find out which traditional terms are protected in the Union, specific rules should be established concerning the registration and entry of traditional terms in the Union register. To ensure that the register is accessible to all, it should be accessible electronically.
(23) In view of the economic importance of traditional terms and in order to ensure that consumers are not misled, national authorities should take measures against any unlawful use of traditional terms and prohibit the marketing of such products.
(24) In the interests of effective administrative management and taking account of the experience acquired through the use of information systems put in place by the Commission, communications between the Member States and the Commission should be simplified and the information should be exchanged in accordance with Commission Delegated Regulation (EU) 2017/1183(12) and Commission Implementing Regulation (EU) 2017/1185(13).
(25) The Commission has put in place an information system ‘E-Ambrosia’ for the management of the applications for protection and for amendment of the product specification of protected designations of origin and geographical indications in the wine sector. Member States and the Commission should continue to use this system for the purposes of communication concerning the procedures related to applications for protection and for the approval of amendments. However, owing to a strict system of accreditation, this system should not be used for communications with Member States concerning the procedure for objections and cancellation requests and it should not be used for communications with third countries. Instead, for the procedure for objections and cancellation requests, Member States, the competent authorities and representative professional organisations of third countries, as well as natural or legal persons who have a legitimate interest under this Regulation should communicate with the Commission via electronic mail.
(26) Applications for registration, modification or cancellation of traditional terms are not yet managed through a centralised information system. Instead, those applications should continue to be submitted via email using the forms set out in Annexes VIII to XI. All other communication or exchange of information concerning traditional terms should also take place via email.
(27) The manner in which the Commission makes the information concerning protected designations of origin, protected geographical indications and traditional terms in the wine sector accessible to the public should be defined.
(28) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
CHAPTER I INTRODUCTORY PROVISION
Article 1 Subject matter
This Regulation lays down rules for the application of Regulations (EU) No 1306/2013 and (EU) No 1308/2013 respectively, concerning protected designations of origin, protected geographical indications and traditional terms, in the wine sector, as regards:
applications for protection;
the objection procedure;
amendments to product specifications and modifications of traditional terms;
the register;
cancellation of protection;
F1 the use of ... symbols;
the checks;
communications.
[F2Article 1a Definitions
In this Regulation:
(a) ‘EU Regulation 1308/2013’ means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products as it had effect immediately before IP completion day;
(b) ‘EU Regulation 2017/625’ means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products as it had effect immediately before IP completion day;
(c) ‘EU Regulation 2019/34’ means Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks as it had effect immediately before IP completion day;
(d) ‘Regulation 2017/625’ means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;
(e) ‘constituent nation’ means England, Northern Ireland, Scotland or Wales;
(f) ‘control body’ has the same meaning as in EU Regulation 2019/34 and is be interpreted taking into account the repeal and replacement of Regulation (EC) No 882/2004 by EU Regulation 2017/625;
(g) ‘competent authority’, ‘the national competent authorities’ and ‘the responsible competent authorities’ each mean:
(i)in relation to England and Wales, the competent authority specified in regulation 4(1) of the Wine Regulations 2011 as that regulation extends to Great Britain;
(ii)in relation to Scotland, the competent authority specified in regulation 4(1) of the Wine Regulations 2011, as read with paragraph (3) of that regulation, as that regulation extends to Great Britain;
(h) ‘country’, in relation to the United Kingdom, means the United Kingdom as a whole and does not mean an individual constituent nation forming part of the United Kingdom;
(i) ‘Great Britain's Traditional Terms Register’ means the register referred to in Article 25(1);
(j) ‘notice period’, in relation to a notice referred to in this Regulation, means the period of 20 days from the day on which the relevant notice is published, beginning with the day on which the notice is published;
(k) ‘third country’ means a country, other than the United Kingdom, and includes:
(i)the Bailiwick of Guernsey;
(ii)the Bailiwick of Jersey;
(iii)the Isle of Man;
(l) ‘third country standard amendment’ has the meaning given by Article 14(2c) of Delegated Regulation (EU) 2019/33 ;
(m) ‘third country temporary amendment’ has the meaning given by Article 14(2d) of Delegated Regulation (EU) 2019/33 ;
(n) ‘UK standard amendment’ has the meaning given by Article 14(2a) of Delegated Regulation (EU) 2019/33 ;
(o) ‘UK temporary amendment’ has the meaning given by Article 14(2b) of Delegated Regulation (EU) 2019/33 . F2]
CHAPTER II PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
SECTION 1 Application for protection
F3Article 2 Applications for protection from Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3 Applications for protection from third countries
Applications for protection that concern a geographical area in a third country shall be submitted by a single producer within the meaning of Article 3 of Delegated Regulation (EU) 2019/33 or a group of producers having a legitimate interest, either directly to the [F4Secretary of StateF4] or via the authorities of that third country, and shall, in addition, comply with the requirements of Article 94(3) of Regulation (EU) No 1308/2013.
Article 4 Joint applications
[F5 1.A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, must be submitted to the Secretary of State by:
(a)a group of producers in one of the countries in which part of the relevant geographical area is situated,
(b)a single producer in one of the countries in which part of the relevant geographical area is situated in a case where, in relation to that country and that area, Article 3 of Delegated Regulation (EU) 2019/33 applies, or
(c)through the authorities of a third country in which part of the relevant geographical area is situated.
1a.Where a joint application concerns a geographical area that includes an area in the United Kingdom, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, except for the requirement in paragraph 3 of that Article.
1b.Where a joint application concerns a geographical area that includes an area in a third country, the application must fulfil the requirements laid down in Article 94 of Regulation (EU) No 1308/2013 in relation to that area, including the requirement laid down in paragraph 3 of that Article.F5]
2.The [F6group of producers, single producer or third country authorityF6] which submits to the [F7Secretary of StateF7] a joint application as referred to in paragraph 1 becomes the consignee of any notification or decision issued by the [F7Secretary of StateF7] .
Article 5 Single document
1.The single document referred to in point (d) of Article 94(1) of Regulation (EU) No 1308/2013 shall include the following main elements of the product specification:
(a)the name to be protected as a designation of origin or a geographical indication;
[F8 (b) where the demarcated area, or any part of it, is situated in Great Britain, the name ‘Great Britain’;
(ba) where the demarcated area, or any part of it, is situated in Northern Ireland, the name ‘Northern Ireland’;
(bb)where the demarcated area, or any part of it, is situated in a third country, the name of the third country;F8]
(c)the type of geographical indication;
(d)a description of the wine or wines;
(e)the categories of grapevine products;
(f)the maximum yields per hectare;
(g)the indication of the wine grape variety or varieties from which the wine or wines are obtained;
(h)a concise definition of the demarcated geographical area;
(i)a description of the link referred to in point (a)(i) or in point (b)(i) of Article 93(1) of Regulation (EU) No 1308/2013;
(j)where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;
(k)where applicable, the specific rules concerning packaging and labelling and all other essential relevant requirements.
2.The description of the link referred to in point (i) of paragraph 1 shall include:
(a)in the case of a designation of origin, a description of the causal link between the quality and characteristics of the product and the geographical environment with its inherent natural and human factors to which they are essentially or exclusively linked, including, where applicable, elements of the product description or production method justifying the link;
(b)in the case of a geographical indication, a description of the causal link between the geographical origin and the relevant specific quality, reputation or other characteristics attributable to the geographical origin of the product, accompanied by a statement indicating on which ones of the given factors — specific quality, reputation or other characteristics attributable to the geographical origin of the product — the causal link is based. The description may also concern the elements of the product description or production method justifying the causal link.
Where an application covers different categories of grapevine products, the details bearing out the link shall be demonstrated for each of the grapevine products concerned.
3.The single document shall be drawn up [F9usingF9] the model for single documents set out in Annex I.
Article 6 Geographical area
The demarcated geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.
Article 7 Scrutiny procedure
1.If an admissible application does not meet the conditions laid down in Subsection 2 of Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, the [F10Secretary of StateF10] shall inform the [F11applicantF11] or authorities of the third country[F12 , where relevant,F12] of the grounds for refusal, setting a deadline for the withdrawal or modification of the application or for the submission of comments.
If, following that information, substantial modifications are made to the product specification, [F13aF13] new version of the single document [F14, where relevant, and aF14] consolidated version of the proposed product specification [F15must be submitted to the Secretary of StateF15] .
2.F17If the obstacles to the conferral of protection are not remedied by the [F16applicantF16] or third-country authorities ... within the given deadline, the [F18Secretary of StateF18] shall reject the application in accordance with Article 97(4) of Regulation (EU) No 1308/2013.
3.Any decision to reject the application concerned shall be taken by the [F19Secretary of StateF19] on the basis of the documents and information available to [F20the Secretary of StateF20] . The [F19Secretary of StateF19] shall notify the [F21applicantF21] or the third-country authorities [F22, as relevant,F22] of the decision to reject the application.
SECTION 2 Objection procedure
Article 8 Procedural rules for objections
1.A substantiated statement of objection as referred to in Article 98 of Regulation (EU) No 1308/2013 and Article 11(1) of Delegated Regulation (EU) 2019/33 shall contain:
(a)the [F23name of the proposed designation of origin or geographical indicationF23] to which the objection relates;
(b)the name and contact details of the authority or person that lodged the objection;
(c)a description of the legitimate interest of the natural or legal person that lodged the objection, with the exclusion of national authorities having legal personality in the national legal order;
(d)an indication of the grounds for objection, as referred to in Article 11(1) of Delegated Regulation (EU) 2019/33;
(e)the details of the facts, evidence and comments in support of the objection.
It may be accompanied by supporting documents, where relevant.
If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:
(a)proof of the filing or the registration of the earlier trade mark or proof of its use; and
(b)proof of its reputation and renown.
The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.
A substantiated statement of objection shall be drawn up in accordance with the form set out in Annex II.
2.The period of three months referred to in Article 12(1) of Delegated Regulation (EU) 2019/33 shall commence on the date on which the invitation to engage in consultations is delivered to the interested parties by electronic means.
3.The [F24Secretary of StateF24] shall be notified of the results of the consultations referred to in Article 12(3) and (4) of Delegated Regulation (EU) 2019/33 within one month from the end of the consultations in accordance with the form set out in Annex III to this Regulation.
SECTION 3 Amendments to the product specification
Article 9 Applications for [F25non-standardF25] amendments
1.An application for a [F26non-standardF26] amendment to a product specification, as referred to in Article 105 of Regulation (EU) No 1308/2013 and Articles 15 and 16 of Delegated Regulation (EU) 2019/33 shall contain:
(a)the reference to the protected name to which the amendment relates;
(b)the name of the applicant and a description of the legitimate interest of the applicant;
(c)the heading in the product specification affected by the amendment;
(d)an exhaustive description of and the specific reasons for each of the amendments proposed;
(e)the consolidated and duly completed single document, as modified;
(f)[F27 a copyF27] of the consolidated and duly completed product specification, as modified.
2.An application for [F28a non-standardF28] amendment shall be drawn up [F29usingF29] the form set out in Annex IV.
F30The amended single document shall be drawn up in accordance with Article 5. ...
3.The information to be published in accordance with Article 97(3) of Regulation (EU) No 1308/2013 shall contain the duly completed application as referred to in paragraphs 1 and 2 of this Article.
Article 10 Communicating a standard amendment [F31concerning a grapevine product originating in a third countryF31]
1.The communication of standard amendments to the product specification [F32concerning a grapevine product originating in a third countryF32] , as referred to in Article [F3317(3)F33] of Delegated Regulation (EU) 2019/33 shall contain:
(a)the reference to the protected name to which the standard amendment relates;
(b)a description of and the reasons for the approved amendments;
(c)[F34 a copy ofF34] the decision approving the standard amendment as referred to in [F35Article 17(3)F35] of Delegated Regulation (EU) 2019/33;
(d)the consolidated single document, as modified, where relevant;
(e)[F36 a copyF36] of the consolidated product specification, as modified.
F372.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.F38,F39... the communication from the authorities of the third country or by an applicant within the meaning of Article 3 having a legitimate interest shall include proof that the amendment is applicable in the third country. ...
F404.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The form set out in Annex V shall be used for communications [F41to which this Article appliesF41] .
Article 11 Communicating a temporary amendment [F42concerning a grapevine product originating in a third countryF42]
1.The communication of a temporary amendment to the product specification [F43concerning a grapevine product originating in a third countryF43] , as referred to in Article [F4418(3)F44] of Delegated Regulation (EU) 2019/33 shall contain:
(a)the reference to the protected name to which it relates;
(b)a description of the approved temporary amendment together with the reasons supporting the temporary amendment referred to in [F45the words before point (a) of Article 14(2d)F45] of Delegated Regulation (EU) 2019/33[F46 as recognised by a competent authority in the third country in questionF46] ;
(c)the electronic reference to the publication of the national decision approving the temporary amendment;
(d)[F47 a consolidated copy of the product specification incorporating the approved temporary amendment in a way that makes the temporary amendment readily apparent.F47]
F482.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.F49,F50... the communication from the authorities of the third country or by an applicant within the meaning of Article 3 having a legitimate interest shall include proof that the amendment is applicable in the third country. ...
F514.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The form set out in Annex VI shall be used for communications [F52to which this Article appliesF52] .
SECTION 4 Register
Article 12 Register
1.[F53 Where the Secretary of State publishes a notice under Article 99(3) of Regulation (EU) No 1308/2013 relating to a decision of the Secretary of State to conferF53] protection on the name of a designation of origin or geographical indication, the [F54Secretary of StateF54] shall record the following data in the electronic register of protected designations of origin and protected geographical indications established in accordance with Article 104 of Regulation (EU) No 1308/2013[F55 as soon as possible after the notice period expiresF55] :
(a)the name to be protected as a designation of origin or geographical indication;
(b)the file number;
(c)whether the name is protected as either a designation of origin or a geographical indication;
(d)the name of the country or countries of origin;
(e)the date of registration;
F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F57 1a.Following the publication of a notice referred to in paragraph 1, the Secretary of State must attach a copy of the single document and the product specification for the relevant designation of origin or geographical indication to the register.
1b.An entry for a designation of origin or geographical indication recorded in the register pursuant to paragraph 1 confers the protection for the designation of origin or geographical indication referred to in Article 102 of Regulation (EU) No 1308/2013 and the entry in the register, and the provisions in the product specification attached to the register, for the designation of origin or geographical indication take effect immediately after:
(a)the entry for the designation of origin or geographical indication is made in the register, and
(b)the copy of the product specification for the designation of origin or geographical indication is attached to the register.F57]
[F58 2.Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that entails a change to the information recorded in the register, the Secretary of State must as soon as possible after the expiry of the notice period for the notice:
(a)record the new data for the designation of origin or geographical indication, as relevant, in the register, and
(b)attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication, as relevant, to the register.
2a.The new data recorded in the register pursuant to paragraph 2(a), and the modified consolidated product specification attached to the register pursuant to paragraph 2(b), take effect immediately after:
(a)the new data has been recorded in the register, and
(b)the copy of the modified consolidated product specification is attached to the register.
2b.Where the Secretary of State publishes a notice to which paragraph 2d applies relating to an amendment to a product specification for a designation of origin or geographical indication that does not entail a change to the information recorded in the register, the Secretary of State must attach a copy of the modified consolidated product specification and, where relevant, a copy of the modified single document, for the designation of origin or geographical indication to the register as soon as possible after the notice period for the notice has expired.
2c.The modified consolidated product specification attached to the register pursuant to paragraph 2b takes effect immediately after the copy of it is attached to the register.
2d.This paragraph applies to:
(a)a notice relating to the approval of a non-standard amendment to a product specification for a designation of origin or geographical indication published under Article 99(3) of Regulation (EU) No 1308/2013 (as it applies to an application for a non-standard amendment by virtue of Article 15(1) of Delegated Regulation (EU) 2019/33);
(b)a notice relating to the approval of a UK standard amendment to a product specification for a designation of origin or geographical indication published under the Article 17(2a) of Delegated Regulation (EU) 2019/33;
(c)a notice making an approved third country standard amendment to a product specification for a designation of origin or geographical indication public published under Article 17(5) or (6) of Delegated Regulation (EU) 2019/33.
2e.Where the Secretary of State publishes a notice under Article 18(1m) of Delegated Regulation (EU) 2019/33 relating to the approval of a UK temporary amendment to a product specification for a designation of origin or geographical indication, the Secretary of State must record an entry in the register relating to the UK temporary amendment in the register as soon as possible after publishing that notice.
2f.Based on the information given in a notice published under Article 18(1m) of Delegated Regulation (EU) 2019/33, the data recorded in an entry referred to in paragraph 2e must include the period during which the UK temporary amendment is to apply.
2g.Based on the information given in a notice published under Article 18(1n) of Delegated Regulation (EU) 2019/33, the period stated in the register as the period during which the UK temporary amendment is to apply must be changed where the period is extended under Article 18(1l) of that Regulation and a notice relating to that extension of that period is published under Article 18(1n) of that Regulation.
2h.A UK temporary amendment referred to in paragraph 2e takes effect immediately after the entry referred to in that paragraph (as read with paragraphs 2f) is recorded in the register. The product specification attached to the register applies, as read with the UK temporary amendment, during the period specified in the register as the period during which the UK temporary amendment is to apply.
2i.Where the Secretary of State publishes a notice making a third country temporary amendment to a product specification for a designation of origin or geographical indication public under Article 18(5) of Delegated Regulation (EU) 2019/33, the Secretary of State must record an entry in the register relating to the third country temporary amendment as soon as possible after publishing that notice.
2j.Based on the information given in a notice published under Article 18(5) of Delegated Regulation (EU) 2019/33, the information contained in the entry referred to in paragraph 2i must include the period during which the third country temporary amendment is to apply.
2k.A third country temporary amendment referred to in paragraph 2i takes effect immediately after the entry referred to in that paragraph (as read with paragraph 2j) is recorded in the register. The product specification attached to the register applies, as read with the third country temporary amendment, during the period specified in the register pursuant to paragraph 2j.
2l.The Secretary of State must remove an entry in the register relating to a UK temporary amendment or a third country temporary amendment as soon as possible after the period specified in the register as the period during which the amendment is to apply has expired.F58]
3.[F59 Where the Secretary of State publishes a notice under Article 106 of Regulation (EU) No 1308/2013 (as it applies to cancellations by virtue of the first paragraph of Article 19 of Delegated Regulation (EU) 2019/33) relating to a decision of the Secretary of State to cancel a designation of origin or geographical indication, the Secretary of State must, as soon as possible after the notice period for the notice has expired,F59] delete the name from the register and shall maintain a record of the cancellation. [F60The cancellation takes effect immediately after the name is deleted from the register.F60]
F614.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The register shall be accessible to the public.
[F62Article 12a Register: established protected designations of origin and established protected geographical indications
1.The Secretary of State must include the relevant data for each established protected designation of origin and established protected geographical indication in Great Britain's PDOs and PGIs Register.
2.The Secretary of State must include the relevant data referred to in paragraph 1 in Great Britain's PDOs and PGIs Register at the time the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State.
3.The Secretary of State must use the Secretary of State's best endeavours in relation to each established protected designation of origin and established protected geographical indication to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication, and attach that document to Great Britain's PDOs and PGIs Register.
4.Where the EU product specification for a corresponding EU designation of origin or corresponding EU geographical indication is in a foreign language the Secretary of State must attach an English language translation of that product specification to the register instead of the foreign language version of that document.
5.The Secretary of State must attach the product specification referred to in paragraph 3 (as read with paragraph 4) to Great Britain's PDOs and PGIs Register at the time when the register is established by the Secretary of State or as soon as possible after the register has been established by the Secretary of State.
6.The EU product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) must be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme.
7.Paragraph 6 does not prevent a product specification attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 3 (as read with paragraph 4) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 6 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013.
8.Where paragraph 9 applies, the Secretary of State may, in relation to an established protected designation of origin or established protected geographical indication, attach a copy of an EU single document for the corresponding EU designation of origin or corresponding EU geographical indication to the register.
9.This paragraph applies if, in relation to an established protected designation of origin or established protected geographical indication, the Secretary of State is unable to obtain a copy of the EU product specification for the corresponding EU designation of origin or corresponding EU geographical indication within a period of three years beginning with the day after the day on which IP completion day falls.
10.Where the Secretary of State decides to attach an EU single document for a corresponding EU designation of origin or corresponding EU geographical indication to Great Britain's PDOs and PGIs Register under paragraph 8 and that EU single document is in a foreign language, the Secretary of State must attach an English language translation of that single document to the register instead of the foreign language version of that document.
11.The copy of the EU single document attached to the register pursuant to paragraph 8 (as read with paragraph 10) is to be treated as the product specification for the relevant established protected designation of origin or established protected geographical indication for the purposes of the relevant legislation relating to the GB wine scheme.
12.Paragraph 11 does not prevent a single document attached to Great Britain's PDOs and PGIs Register pursuant to paragraph 8 (as read with paragraph 10) and treated as a product specification for an established protected designation of origin or established protected geographical indication by virtue of paragraph 11 from being amended or replaced following an application made under Article 106 of Regulation (EU) No 1308/2013.
13.In this Article:
(a) ‘the corresponding EU designation of origin’, in relation to an established protected designation of origin, means the designation of origin that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected designation of origin;
(b) ‘the corresponding EU geographical indication’, in relation to an established protected geographical indication, means the geographical indication that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected geographical indication;
(c) ‘established protected designation of origin’ has the meaning given by Article 107(2)(a) of Regulation (EU) No 1308/2013 ;
(d) ‘established protected geographical indication’ has the meaning given by Article 107(2)(b) of Regulation (EU) No 1308/2013 ;
(e) ‘the European Commission's PDOs and PGIs Register’ means the register established by the Commission under Article 104 of EU Regulation 1308/2013;
(f) ‘Great Britain's PDOs and PGIs Register’ means the register established by the Secretary of State under Article 104 of Regulation (EU) No 1308/2013 ;
(g) ‘the legislation relating to the GB wine scheme’ means:
(i)the provisions in Section 2 of Title 2 of Part 2 of Regulation (EU) No 1308/2013,
(ii)Delegated Regulation (EU) 2019/33, and
(iii)this Regulation;
(h) ‘the relevant data’, in relation to an established protected designation of origin or established protected geographical indication, means the data specified in Article 12(1)(a), (c) and (d) of EU Regulation 2019/34 that is recorded in the European Commission's PDOs and PGIs Register for the corresponding EU designation of origin or corresponding EU geographical indication immediately before IP completion day.
14.In this Article any reference to:
(a)the EU product specification relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the product specification for the corresponding EU designation of origin or corresponding EU geographical indication as that product specification stood immediately before IP completion day;
(b)the EU single document relating to a corresponding EU designation of origin or a corresponding EU geographical indication is to be read as a reference to the single document for the corresponding EU designation of origin or corresponding EU geographical indication as that single document stood immediately before IP completion day.F62]
SECTION 5 Cancellation
Article 13 Cancellation requests
1.A request to cancel the protection of a designation of origin or geographical indication as referred to in Article 106 of Regulation (EU) No 1308/2013 shall contain:
(a)the reference to the protected name to which it relates;
(b)the name and contact details of the authority or natural or legal person seeking to cancel the protection;
(c)a description of the legitimate interest of the natural or legal person seeking to cancel the protection, with the exclusion of national authorities having legal personality in the national legal order;
(d)an indication of the grounds for cancellation;
(e)the details of the facts, evidence and comments in support of the cancellation request.
It may be accompanied by supporting documents, where relevant.
A cancellation request shall be drawn up in accordance with the form set out in Annex VII.
SECTION 6 F63Use of the ... symbol
Article 14 F64The ... symbol
[F65 1.F65] F66The ... symbol indicating the protected designation of origin or the protected geographical indication, referred to in Article 120(1)(e) of Regulation (EU) No 1308/2013, shall be [F67the symbol for a protected designation of origin or protected geographical indication, as relevant, established pursuant to Article 12(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as laid down in the Annex to Commission Delegated Regulation (EU) No 664/2014 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rulesF67] .
[F68 2.Where used, the symbol must be used in accordance with Article 13(2) of Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.F68]
SECTION 7 Checks
Article 15 Authorities responsible for verifying compliance with the product specification
1.When performing the checks provided for in this Section, the responsible competent authorities and control bodies shall comply with the requirements laid down in Regulation [F692017/625F69] .
2.In respect of protected designations of origin and protected geographical indications relating to a geographical area in [F70Northern Ireland orF70] a third country, annual verification of compliance with the product specification, during the production phase and during or after conditioning of the wine, shall be performed by:
(aa)[F71 in relation to a product produced in Northern Ireland, the authority designated for that purpose by regulation 4 of the Wine Regulations 2011 as that regulation extends to Northern Ireland;F71]
(a)[F72 in relation to a product produced in a third country,F72] one or more public authorities designated by the third country; or
(b)[F73 in relation to a product produced in Northern Ireland or a third country,F73] one or more certification bodies.
3.The control bodies referred to in Article 90(3) of Regulation (EU) No 1306/2013 and the one or more certification bodies referred to in point (b) of paragraph 2 of this Article shall comply with, and be accredited in accordance with, the International standard ISO/IEC 17065:2012.
By way of derogation from paragraph 1, [F74until 14th January 2021F74] , Cyprus shall not be bound by the obligation to comply with and be accredited in accordance with the International standard ISO/IEC 17065:2012.
4.Where the authority referred to in Article 90(2) of Regulation (EU) No 1306/2013 and the one or more authorities referred to in point (a) of paragraph 2 of this Article verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.
5.Each operator wishing to participate in all or part of the production or, where relevant, packaging of a product bearing a protected designation of origin or geographical indication shall inform the competent authority referred to in Article 90(2) of Regulation (EU) No 1306/2013 accordingly.
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F76Article 16 Actions to be carried out by the Member States to prevent unlawful use of protected designations of origin and protected geographical indications
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F77Article 17 Names and addresses of competent authorities etc.
The Secretary of State must make public, in such manner as appears appropriate to the Secretary of State from time to time, the names and addresses of the competent authority or control bodies responsible for carrying out checks relating to the use of protected designations of origin and protected geographical indications in Great Britain.F77]
Article 18 Communication between third countries and the [F78Secretary of StateF78]
Where wines from a third country benefit from a protected designation of origin or geographical indication, the third country concerned shall send the [F79Secretary of State, at the Secretary of State'sF79] request:
information on the designated authorities or certification bodies which perform the annual verification of compliance with the product specification, during the production and during or after conditioning of the wine;
information setting out what aspects are covered by the checks;
proof that the wine in question fulfils the conditions of the relevant designation of origin or geographical indication.
Article 19 Annual verification
1.The annual verification carried out by the competent authority or control bodies referred to in Article 90(3) of Regulation (EU) No 1306/2013 shall consist of:
(a)an organoleptic and analytical testing for products bearing a designation of origin;
(b)either analytical testing only or both organoleptic and analytical testing for products bearing a geographical indication;
(c)checking compliance with the other conditions set out in the product specification.
The annual verification shall be conducted in [F80Great BritainF80] in accordance with the product specification and shall be carried out through one or more of the following methods:
(a)through random checks based on a risk analysis;
(b)through sampling;
(c)systematic checks.
F81Where ... random checks referred to in point (a) of the second subparagraph [F82are carried out, the competent authority or the delegated bodyF82] shall select the minimum number of operators to be subjected to those checks.
F83Where ... sampling referred to in point (b) of the second subparagraph [F84is carried out, the competent authority or the delegated bodyF84] shall ensure that by the number, nature and frequency of controls, the sampling is representative of the whole of the demarcated geographical area in question and corresponds to the volume of wine-sector products marketed or held with a view to their marketing.
2.The testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 shall be performed on anonymous samples and shall demonstrate that the product tested complies with the characteristics and qualities described in the product specification for the relevant designation of origin or geographical indication.
The testing shall be carried out at any stage in the production process, and at the packaging stage, where relevant. Each sample taken shall be representative of the relevant wines held by the operator.
3.For the purposes of checking compliance with the product specification referred to in point (c) of the first subparagraph of paragraph 1, the control authority shall:
(a)conduct an on-site check at the premises of operators to verify that the operators are actually able to meet the conditions laid down in the product specification;
(b)conduct a check on the products at any stage of the production process, and at the packaging stage, where relevant, on the basis of an inspection plan covering every stage of production of the product, drawn up in advance by the control authority and of which operators are aware.
4.The annual verification shall ensure that a product cannot use the protected designation of origin or geographical indication relating to it unless:
(a)the results of the testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 and in paragraph 2 prove that the product in question complies with the conditions in the product specification and possesses all the appropriate characteristics of the designation of origin or geographical indication concerned;
(b)the checks carried out in accordance with paragraph 3 confirm that the other conditions listed in the product specification are met.
F855.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.Any product failing to meet the conditions set out in paragraphs 1 to [F864F86] may be placed on the market, but without the relevant designation of origin or geographical indication, provided that the other legal requirements are satisfied.
F877.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F878.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F88 9. In this Article, ‘delegated body’ has the meaning given by point (5) of Article 3 of Regulation 2017/625. F88]
Article 20 Analytical and organoleptic testing
The analytical and organoleptic testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 of Article 19 shall consist of:
a physical and chemical analysis of the wine in question, measuring the following characteristic properties:
total and actual alcoholic strength,
total sugars expressed in terms of fructose and glucose (including any sucrose, in the case of semi-sparkling and sparkling wines),
total acidity,
volatile acidity,
total sulphur dioxide;
an additional analysis of the wine in question, measuring the following characteristic properties:
carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 °C),
any other characteristic properties provided for in [F89any other enactment relating to, or in the product specification of, theF89] protected designations of origin and geographical indications concerned;
an organoleptic test covering visual appearance, odour and taste.
[F90 In this Article, ‘enactment’ means the following legislation whenever passed or made:
(a)an Act, and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act, except to the extent that they extend to Northern Ireland;
(b)[F91 assimilated directF91] legislation, except to the extent that it extends to Northern Ireland.F90]
CHAPTER III TRADITIONAL TERMS
SECTION 1 Applications for protection
Article 21 Application for protection
1.The application for protection of a traditional term shall be communicated to the [F92Secretary of State by a representative professional organisation established in the United Kingdom or a third country, as relevant, or, in the case of a third country, by a competent authority of that third country,F92] in accordance with Article 30(3).
2.F93In the case of a request submitted by a representative professional organisation ..., the applicant shall communicate the information regarding the representative professional organisation and its members to the [F94Secretary of StateF94] in accordance with Article 30(3). The [F94Secretary of StateF94] shall make this information public.
SECTION 2 Objection procedure
Article 22 Submission of an objection
1.A [F95third countryF95] or any natural or legal person having a legitimate interest may submit an objection to the application for protection of a traditional term within two months of the date [F96on which the Secretary of State publishes the application underF96] Article 28(3) of Delegated Regulation (EU) 2019/33.
2.An objection shall be communicated to the [F97Secretary of StateF97] in accordance with Article 30(3).
Article 23 Documents supporting an objection
1.A duly substantiated objection shall contain details of the facts, evidence and comments submitted in support of the objection, accompanied by the relevant supporting documents.
2.If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:
(a)proof of the filing or the registration of the earlier trade mark or proof of its use; and
(b)proof of its reputation and renown.
The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.
3.F99,F100If the details of the prior right(s) claimed, ground(s), facts, evidence or comments, or the supporting documents, referred to in paragraphs 1 and 2, have not been produced at the date of submission of the objection or if details or documents are missing, the [F98Secretary of StateF98] shall inform the authority or person that lodged the objection accordingly and shall invite them to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before the time limit expires, the [F98Secretary of StateF98] shall reject the objection as inadmissible. The decision to reject the objection as inadmissible shall be notified to the authority or person that lodged the objection and to ... the third-country authorities or the representative professional organisation ....
Article 24 Submission of observations by the parties
1.Where the [F101Secretary of StateF101] communicates an objection which is not rejected in accordance with Article 23(3) to the applicant that submitted the application for protection, the applicant shall file observations within a period of two months from the issuance date of such communication.
2.Where so requested by the [F102Secretary of StateF102] in the course of [F103the Secretary of State'sF103] scrutiny of an objection, the parties shall provide comments on the communications received from the other parties, if appropriate, within a period of two months from the issuance date of such request.
SECTION 3 Protection of traditional terms
Article 25 Registration
1.[F104 Following the publication of a notice under Article 31(3a) of Implementing Regulation (EU) 2019/33 by the Secretary of State relating to a decision by the Secretary of State to conferF104] protection over a traditional term, the [F105Secretary of StateF105] shall record the following data in the electronic register of protected traditional terms [F106as soon as possible after the notice period has expiredF106] :
(a)the name to be protected as a traditional term;
(b)the type of traditional term according to Article 112 of Regulation (EU) No 1308/2013;
(c)the language referred to in Article 24 of Delegated Regulation (EU) 2019/33;
(d)the grapevine product category or categories concerned by the protection;
(e)F107a reference to the national legislation of the ... country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in [F108a thirdF108] country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;
(f)a summary of the definition or conditions of use;
(g)the name of the country or countries of origin;
(h)the date of inclusion in the register.
[F109 1a.An entry made in Great Britain's Traditional Terms Register pursuant to paragraph 1 takes effect immediately after the entry relating to the traditional term is recorded in the register.F109]
2.The electronic register of protected traditional terms shall be made available to the public.
[F110 3.A traditional term to which paragraph 4 applies may be entered in Great Britain's Traditional Terms Register where the condition in paragraph 5 is satisfied.
4. This paragraph applies to a traditional term used in a third country that must be protected in Great Britain pursuant to an international agreement to which the United Kingdom and the third country are contracting parties (‘the UK-third country agreement’).
5.The condition is that the traditional term is a traditional term that was protected in the European Union immediately before IP completion day pursuant to an international agreement to which the European Union and the third country were contracting parties.
6.The same protection is to be afforded to a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3 as a traditional term included in the register following the approval of an application submitted in compliance with this Regulation and Delegated Regulation (EU) 2019/33.
7.In relation to the protection of a traditional term entered in Great Britain's Traditional Terms Register pursuant to paragraph 3, the following conditions apply to the use of the term:
(a)insofar as relevant, any conditions laid down in the law of the third country relating to the use of the traditional term, and
(b)any other conditions referred to, or laid down, in the UK-third country agreement relating to the use of the traditional term.
8.An entry recorded in the register pursuant to paragraph 3 is to be treated as taking effect:
(a)in a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is in the register as established during that period, on IP completion day;
(b)in any other case, immediately the entry is recorded in the register.F110]
[F111Article 25a Register: established protected traditional terms
1.The Secretary of State must include the relevant data for each established protected traditional term in Great Britain's Traditional Terms Register when the register is established by the Secretary of State or, if that is not possible, as soon as possible after the register is established.
2.In this Article:
(a) ‘the corresponding EU traditional term’, in relation to an established protected traditional term, means the traditional term that was protected in the European Union under EU Regulation 1308/2013 immediately before IP completion day that corresponds to the established protected traditional term;
(b) ‘an established protected traditional term’ has the meaning given by Article 1a(j) of Delegated Regulation (EU) 2019/33 ;
(c) ‘Great Britain's Traditional Terms Register’ has the meaning given by Article 1a(m) of Delegated Regulation (EU) 2019/33 ;
(d) ‘the European Commission's Traditional Terms Register’ means the register maintained by the European Commission under Article 25 of EU Regulation 2019/34;
(e) ‘the relevant data’, in relation to an established protected traditional term, means the data specified in Article 25(1)(a) to (g) of EU Regulation 2019/34 that is in the European Commission's Traditional Terms Register for the corresponding EU traditional term immediately before IP completion day. F111]
Article 26 Enforcement of the protection
For the purposes of the application of Article 113 of Regulation (EU) No 1308/2013, where there is unlawful use of protected traditional terms, competent national authorities, on their own initiative or at the request of a party, shall take all measures to prevent or stop the marketing, including any [F112movement to Northern Ireland orF112] export, of the products in question.
SECTION 4 Modification and cancellation
Article 27 Modification request
1.Articles 21 to 24 shall apply mutatis mutandis to a request to modify a protected traditional term.
[F113 1a.After making a decision whether to approve a modification to a traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:
(a)informing the applicant and the public of the decision made by the Secretary of State and the reasons for that decision, and
(b)providing information about the right to appeal against the decision under Article 39a of Delegated Regulation (EU) 2019/33 and the period within which an appeal may be made.F113]
2.Where the [F114Secretary of State publishes a notice under paragraph 1a relating to a decision of the Secretary of State to approveF114] a modification to a traditional term, [F115the Secretary of StateF115] shall record the new specifications [F116in Great Britain's Traditional Terms Register as soon as possible after the notice period relating to that notice has expiredF116] .
[F117 3.The new specifications take effect immediately after they are recorded in Great Britain's Traditional Terms Register.F117]
Article 28 Cancellation request
1.A request to cancel the protection of a traditional term shall contain:
(a)the reference to the traditional term it refers to;
(b)the name and contact details of the natural or legal person seeking cancellation;
(c)a description of the legitimate interest of the natural or legal person that lodged the cancelation request;
(d)an indication of the grounds for cancellation, referred to in Article 36 of Delegated Regulation (EU) 2019/33;
(e)the details of the facts, evidence and comments in support of the cancellation request.
It may be accompanied by supporting documents, where relevant.
2.If detailed information concerning the grounds, facts, evidence and comments, as well as the supporting documents referred to in paragraph 1, have not been furnished at the same time as the cancellation request, the [F118Secretary of StateF118] shall inform the author of the cancellation request accordingly and shall invite him to remedy the deficiencies noted within a period of two months.
If the deficiencies are not remedied before the time limit expires, the [F118Secretary of StateF118] shall deem the cancellation request inadmissible and shall reject it. The decision deeming the request inadmissible shall be notified to the author of the cancellation request.
Article 29 Scrutiny of a cancellation request
1.F121,F122If the [F119Secretary of StateF119] does not deem the cancellation request to be inadmissible in accordance with Article 28(2), [F120the Secretary of StateF120] shall communicate the cancellation request to ... the third-country authorities or the applicant ... and shall invite him to file observations within two months from the issuance date of such invitation. Any observations received within this two months period shall be communicated to the author of the request.
In the course of the examination of a cancellation request, the [F123Secretary of StateF123] shall invite the parties to submit comments on the communications received from the other parties within a period of two months from the issuance date of such request.
2.F124,F125If ... the third-country authorities or the applicant ... or the author of a cancellation request does not file any comments in response, or does not respect the time periods, the [F126Secretary of StateF126] shall rule on the request.
3.A decision to cancel the protection of the traditional term concerned shall be taken by the [F127Secretary of StateF127] on the basis of the evidence available to [F128the Secretary of StateF128] . [F129The Secretary of StateF129] shall consider whether the grounds referred to in Article 36 of Delegated Regulation (EU) 2019/33 are fulfilled.
F130...
[F131 3a.After making a decision whether to cancel the protection of the traditional term, the Secretary of State must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice:
(a)informing the author of the cancellation request, the public and, where relevant, the third country authorities in question of the decision made by the Secretary of State and the reasons for that decision, and
(b)providing information about the right to appeal under Article 39a of Delegated Regulation (EU) 2019/33 against the decision and the period within which an appeal may be made.F131]
4.Where multiple cancellation requests are lodged in respect of a traditional term and where it can be concluded from a preliminary examination of one or more such requests that it is no longer possible to continue to protect a traditional term, the [F132Secretary of StateF132] may suspend the other cancellation procedures. The [F132Secretary of StateF132] shall notify the parties that submitted the other cancellation requests of any decision affecting them which was taken in the course of the procedure.
Where a decision cancelling a traditional term is adopted, cancellation procedures which have been suspended shall be deemed to be closed and the authors of the cancellation requests in question shall be duly informed.
5.[F133 Where the Secretary of State publishes a notice under paragraph 3a relating to a decision of the Secretary of State to cancel a traditional term, the Secretary of State mustF133] remove the name from the register [F134as soon as possible after the notice period for the notice has expired,F134] , while maintaining a record of the cancellation. [F135The cancellation takes effect immediately after the name of the traditional term is removed from the register.F135]
CHAPTER IV COMMUNICATIONS, PUBLICATION AND FINAL PROVISIONS
Article 30 Communications between the [F136Secretary of State, applicantsF136] , third countries and other operators
1.The documents and information required for the implementation of Chapter II shall be communicated to the [F137Secretary of State by electronic mail, using the forms set out in Annexes 1 to 7F137] .
F1382.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.The documents and information required for the implementation of Chapter III shall be communicated to the [F139Secretary of StateF139] , via electronic mail, using the forms set out in Annexes VIII to XI.
4.F140... Information in the context of the procedures referred to in [F141paragraphs 1F141] and 3 shall be communicated by the [F142Secretary of State toF142] the competent [F143authorities of third countries, as well asF143] representative professional organisations [F144andF144] natural or legal persons who have a legitimate interest under this Regulation via electronic mail.
F145...
Article 31 Submission and receipt of communications
1.The communications and submissions referred to in Article 30 shall be deemed to have been made on the date on which they are received by the [F146Secretary of StateF146] .
F1472.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.For communications and submissions of files made via electronic mail, the [F148Secretary of StateF148] shall confirm receipt via electronic mail.
[F149 The Secretary of StateF149] shall attribute a file number to each new application for protection, for a [F150non-standard amendment, UK standard amendment or UK temporary amendmentF150] , communications concerning applications for [F151third countryF151] standard amendments and communications concerning applications for [F151third countryF151] temporary amendments.
The confirmation of receipt shall include at least the following elements:
(a)the file number;
(b)the name concerned;
(c)the date of receipt.
The [F152Secretary of StateF152] shall notify and make available information and remarks regarding such communications and submission via electronic mail.
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Article 32 Information to be made public
The information the [F154Secretary of StateF154] is to make public in accordance with Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013, with Delegated Regulation (EU) 2019/33 and with this Regulation shall be made public [F155in such manner as appears appropriate to the Secretary of State from time to timeF155] .
Article 33 Publication of the decision
Decisions conferring or rejecting protection, decisions approving or rejecting [F156non-standardF156] amendments, as referred to in Chapter II, and decisions rejecting objections as inadmissible, as referred to in Article 111 of Regulation (EU) No 1308/2013, shall be published [F157by the Secretary of State. They may be published in such manner as appears appropriate to the Secretary of State from time to timeF157] .
Decisions conferring or rejecting protection and decisions approving or rejecting modifications, as referred to in Chapter III, shall be published [F158by the Secretary of State. They may be published in such manner as appears appropriate to the Secretary of State from time to timeF158] .
Article 34 Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
F159 ...
Done at Brussels, 17 October 2018.
For the Commission
The President
Jean-Claude Juncker
ANNEX I SINGLE DOCUMENT
‘NAME’ PDO/PGI-XX-XXXX Date of application: XX-XX-XXXX
1. Name(s) to be registered:
…
2. [F160Great Britain, Northern Ireland or thirdF160] country to which the demarcated area belongs:
[F161 [If more than one is relevant then list as relevant]F161]
…
3. Geographical indication type:
…
4. Categories of grapevine products:
…
5. Description of the wine(s):
…
5.1. Organoleptic Characteristics:
Visual appearance
Odour
Taste
5.2. Analytical characteristics:
…
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | |
| Minimum total acidity | |
| Maximum volatile acidity (in milliequivalents per litre) | |
| Maximum total sulphur dioxide (in milligrams per litre) | |
6. Wine making practices:
6.1. Specific oenological practices used to make the wine or wines, relevant restrictions on making them:
6.2. Maximum yields per hectare:
7. Vine variety or varieties from which the wine(s) are obtained:
…
8. Definition of the demarcated Area:
…
9. Description of the link(s):
…
10. Further applicable requirements:
10.1. Specific packaging requirements:
10.2. Specific labelling requirements:
10.3. Additional requirements:
11. Checks
11.1. Competent authorities or certification bodies responsible for the controls:
11.2. Specific tasks of the competent authorities or certification bodies responsible for the controls:
ANNEX II SUBSTANTIATED STATEMENT OF OBJECTION
[Mark the appropriate box with an ‘X’:] ☐ PDO ☐ PGI
[F1621. Name of product
[as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013] …F162]
[F1622. Official reference
[as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013]
Reference number: …
Date of publication under Article 97(3) of Regulation (EU) No 1308/2013: …F162]
3. F163Name of the objector (Person, body ... or Third Country)
…
4. Contact details
Contact person: Title (Mr, Ms…): … Name: …
Group/organisation/individual: …
or national authority:
Department: …
Address: …
Telephone + …
Email address: …
5. Legitimate interest (not required for national authorities)
[Provide a statement explaining the legitimate interest of the objector. National authorities are exempt from this requirement].
6. Reasons for the objection:
☐ The application for protection, amendment or cancellation is incompatible with the rules on designations of origin and geographical indications because it would conflict with Articles 92 to 95, 105 or 106 of Regulation (EU) No 1308/2013 and with the provisions adopted pursuant thereto.
☐ The application for protection or amendment is incompatible with the rules on designations of origin and geographical indications because the registration of the name proposed would be in conflict with Articles 100 or 101 of Regulation (EU) No 1308/2013.
☐ The application for protection or amendment is incompatible with the rules on designations of origin and geographical indications because the registration of the name proposed would jeopardise the rights of a trade mark holder or of a user of a fully homonymous name or of a compound name one term of which is identical to the name to be registered, or the existence of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(3) of Regulation (EU) No 1308/2013.
7. Details of the objection
[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the objection. Provide the necessary documents in case of an objection based on the existence of an earlier trademark of reputation and renown (Article 8(1) of Implementing Regulation (EU) 2019/34).]
8. List of the supporting documents
[Provide the list of the documents sent to support the objection].
9. Dated and signed
[Name]
[Department/Organisation]
[Address]
[Telephone: +]
[Email address: ]
ANNEX III NOTIFICATION OF END OF CONSULTATIONS FOLLOWING THE OBJECTION PROCEDURE
[Mark the appropriate box with an ‘X’:] ☐ PDO ☐ PGI
[F1641. Name of product
[as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013]F164]
[F1642. Official reference
[as given in the single document published by the Secretary of State in relation to the application under Article 97(3) of Regulation (EU) No 1308/2013]
Reference number:
Date of publication under Article 97(3) of Regulation (EU) No 1308/2013:F164]
3. F165Name of the objector (Person, body ... or Third Country)
…
4. Result of consultations
4.1 Agreement was reached with the following opponent(s):
[annex copies of letters showing agreement and all the factors that enabled the agreement (Article 12(3) of Delegated Regulation (EU) 2019/33).]
4.2 Agreement was not reached with the following opponent(s):
[annex the information referred to in Article 12(4) of Delegated Regulation (EU) 2019/33.]
5. Product Specification and single document
5.1 The product specification has been amended:
… Yes* … No
* If ‘Yes’, annex a description of the amendments and the amended product specification
5.2 The single document has been amended:
… Yes** … No
** If ‘Yes’, annex a copy of the updated document
6. Dated and signed
[Name]
[Department/Organisation]
[Address]
[Telephone: +]
[Email address: ]
ANNEX IV APPLICATION FOR A [F166NON-STANDARDF166] AMENDMENT TO THE PRODUCT SPECIFICATION
[Registered name] ‘…’…
[F167GB No: [for official use only]F167]
[Mark ‘X’ in the appropriate box:] ☐ PDO ☐ PGI
1. Applicant and legitimate interest
[Provide name, address, telephone and email address of the applicant proposing the amendment. Provide also a statement setting out the legitimate interest of the applicant.]
2. [F168Great Britain, Northern Ireland or thirdF168] country to which the demarcated area belongs
[F169[If more than one is relevant then list as relevant]F169]
…
3. Heading in the product specification affected by the amendment(s)
☐ Name of product
☐ Category of the grapevine product
☐ Link
☐ Marketing restrictions
4. Type of amendment(s)
[Provide a statement explaining why the amendment(s) fall under the definition of ‘ [F170non-standardF170] amendment’ as provided for in Article [F17114(1a)F171] of Delegated Regulation (EU) 2019/33.]
5. Amendment(s)
[Provide an exhaustive description of and the specific reasons for each amendment. The application for an amendment must be complete and comprehensive. The information given in this section must be exhaustive as provided for in Article 16(1) of Delegated Regulation (EU) 2019/33.]
6. Annexes
6.1. The consolidated and duly completed single document, as modified
6.2.
F172The consolidated version of the product specification ...
ANNEX V COMMUNICATING THE APPROVAL OF A [F173THIRD COUNTRYF173] STANDARD AMENDMENT
[Registered name] ‘…’…
[F174GB No: [for official use only]F174]
[Mark the appropriate box with an ‘X’:] ☐ PDO ☐ PGI
1. Sender
Single producer or group of producers having a legitimate interest or authorities of the third country to which the demarcated area belongs (see Article 3 of Implementing Regulation (EU) 2019/34).
2. Description of the approved amendment(s)
[Provide a description of and the reasons for the [F175third countryF175] standard amendment(s) and a statement explaining why the amendment(s) fall under the definition of [F176third countryF176] standard amendment as provided for in Article [F17714(2c)F177] of Delegated Regulation (EU) 2019/33.]
3. Third country to which the demarcated area belongs
…
4. Annexes
4.1.
The application of the approved [F178third countryF178] standard amendment
4.2.
The decision approving the [F179third countryF179] standard amendment
4.3. The proof that the amendment is applicable in the third country
4.4. The consolidated single document, as modified, where relevant
4.5.
F180A copy the consolidated version of the product specification ...
ANNEX VI COMMUNICATING THE APPROVAL OF A [F181THIRD COUNTRYF181] TEMPORARY AMENDMENT
[Registered name] ‘’
[F182GB No: [for official use only]F182]
[Select one, ‘X’:] ☐ PDO ☐ PGI
1. Sender
Single producer or group of producers having a legitimate interest or authorities of the third country to which the demarcated area belongs (see Article 3 of Implementing Regulation (EU) 2019/34).
2. Description of the approved amendment(s)
[Provide a description of and the specific reasons for the [F183third countryF183] temporary amendment(s) including the reference of the formal recognition of the natural disaster or adverse weather conditions by the competent authorities or of the imposition of obligatory sanitary and phytosanitary measures. Provide also a statement explaining why the amendment(s) fall under the definition of ‘ [F184third countryF184] temporary amendment’ as provided for in Article [F18514(2d)F185] of Delegated Regulation (EU) 2019/33.]
3. Third country to which the demarcated area belongs
…
4. Annexes
4.1.
The application of the approved [F186third countryF186] temporary amendment
4.2.
The decision approving the [F187third countryF187] temporary amendment
4.3. The proof that the amendment is applicable in the third country
ANNEX VII CANCELLATION REQUEST
[Registered name:] ‘…’
[F188GB No: [for official use only]F188]
[Mark the appropriate box with an ‘X’:] ☐ PGI ☐ PDO
1. Registered name proposed to be cancelled
…
2. [F189Great Britain, Northern IrelandF189] or Third Country to which the demarcated area belongs
[F190[If more than one is relevant then list as relevant]F190]
…
3. F191Person, body ... or Third Country making the cancellation request
[Provide name, address, telephone and email address of the natural or legal person or of the producers requesting the cancellation (for requests concerning third countries names provide also name and address of the authorities or certification bodies verifying compliance with the provision of the product specification). Provide also a statement explaining the legitimate interest of the natural or legal person requesting the cancellation (not required for national authorities with legal personality).]
4. Grounds for cancellation
☐ Compliance with the corresponding product specification is no longer ensured (Article 106 of Regulation (EU) No 1308/2013).
☐ Compliance with the corresponding product specification is no longer ensured for the specific reason that no product bearing the protected name has been placed on the market in the last seven consecutive years (Article 106 of Regulation (EU) No 1308/2013 in combination with Article 20 of Delegated Regulation (EU) 2019/33.
5. Details of the cancellation request
[Provide duly substantiated reasons and justification for the cancellation request, details of the facts evidence and comments in support of the cancellation. Where relevant, provide the supporting documentation.]
6. List of supporting documentation
[Provide the list of the documentation sent to support the cancellation request].
7. Dated and signed
[Name]
[Department/Organisation]
[Address]
[Telephone: +]
[Email address: ]
ANNEX VIII APPLICATION FOR PROTECTION OF A TRADITIONAL TERM
Date of receipt (DD/MM/YYYY) …
[F192 [for official use only]F192]
Number of pages (including this page) …
F193...
File number …
[F192 [for official use only]F192]
Applicant
F194...
Competent authority of the third country (*)
Representative professional organisation (*)
[(*) delete as appropriate]
Address (street number and name, town/city and postal code, country) …
Legal entity (to be completed for representative professional organisations) …
Nationality …
Telephone, fax, email …
Traditional term for which the protection is requested …
Traditional term under Article 112(a) of Regulation (EU) No 1308/2013 (*)
Traditional term under Article 112(b) of Regulation (EU) No 1308/2013 (*)
[(*) delete as appropriate]
Language …
List of protected designations of origin or geographical indications concerned …
Grapevine products categories …
Definition …
Copy of the rules
[to be attached]
Name of the signatory …
Signature …
ANNEX IX OBJECTION TO AN APPLICATION FOR THE PROTECTION OF A TRADITIONAL TERM
Date of receipt (DD/MM/YYYY) …
[F195 [for official use only]F195]
Number of pages (including this page) …
F196...
File number …
[F195 [for official use only]F195]
Traditional term objected to …
Objector
Name of the objector (F197... third country, or any legal or natural person having a legitimate interest)
Full address (street number and name, town/city and postal code, country) …
Nationality …
Telephone, fax, email …
Intermediary
-
F198 ...
-
[F199 Third country authority (optional)F199]
F200...
Name(s) of intermediary(ies) …
Full address(es) (street number and name, town/city and postal code, country) …
Prior rights
-
Protected designation of origin (*)
-
Protected geographical indication (*)
-
National geographical indication (*)
[(*) delete as appropriate]
Name …
Registration number …
Date of registration (DD/MM/YYYY) …
-
Trademark
Sign …
List of products and services …
Registration number …
Date of registration …
Country of origin …
Reputation/renown (*) …
[(*) delete as appropriate]
Grounds for objection
-
Article 27 of Delegated Regulation (*)
-
Article 32(2) of Delegated Regulation (*)
-
Article 33(1) of Delegated Regulation (*)
-
Article 33(2) of Delegated Regulation (*)
[(*) delete as appropriate]
Explanation of ground(s) …
[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the objection. Provide the necessary documents in case of an objection based on the existence of an earlier trademark of reputation and renown].
Name of signatory …
Signature …
ANNEX X MODIFICATION REQUEST CONCERNING A TRADITIONAL TERM
Date of receipt (DD/MM/YYYY) …
[F201 [for official use only]F201]
Number of pages (including this page) …
F202...
File number …
[F201 [for official use only]F201]
Traditional term for which the modification is requested …
Name of the legal or natural person requesting the modification …
Full address (street number and name, town/city and postal code, country) …
Nationality …
Telephone, fax, email …
Description of the modification …
Explanation of grounds for modification
[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the modification].
Name of signatory …
Signature …
ANNEX XI CANCELLATION REQUEST CONCERNING A TRADITIONAL TERM
Date of receipt (DD/MM/YYYY) …
[F203 [for official use only]F203]
Number of pages (including this page) …
F204...
File number …
[F203 [for official use only]F203]
Traditional term for which the cancellation is requested …
Author of the cancellation request
Name of the legal or natural person requesting the cancellation …
Full address (street number and name, town/city and postal code, country) …
Nationality …
Tel., fax, email …
Legitimate interest of the author of the request …
Grounds for cancellation
-
Article 27 of Delegated Regulation (*)
-
Article 32(2) of Delegated Regulation (*)
-
Article 33(1) of Delegated Regulation (*)
-
Article 33(2) of Delegated Regulation (*)
-
Article 36(b) of Delegated Regulation (*)
[(*) delete as appropriate]
Explanation of ground(s) for cancellation …
[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the cancellation. Provide the necessary documents in case of a cancellation based on the existence of an earlier trademark of reputation and renown].
Name of signatory …
Signature …
F205ANNEX XII
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OJ L 347, 20.12.2013, p. 671.
OJ L 347, 20.12.2013, p. 549.
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (See page 2 of this Official Journal).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).
Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).
Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).
Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).
OJ L 347, 20.12.2013, p. 671.
OJ L 347, 20.12.2013, p. 549.
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (See page 2 of this Official Journal).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).
Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).
Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).
Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).