Content of applications for protection
1. Applications for the protection of names as geographical indications shall include a technical file containing:
(a)
the name to be protected;
(b)
the name and address of the applicant;
(c)
a product specification as referred to in paragraph 2; and
(d)
a single document summarising the product specification referred to in paragraph 2.
2. To be eligible for a geographical indication protected under this Regulation a product shall comply with the corresponding product specification which shall include at least:
(a)
the name to be protected;
(b)
a description of the product, in particular its principal analytical characteristics as well as an indication of its organoleptic characteristics;
(c)
where applicable, the particular production processes and specifications as well as the relevant restrictions on making the product;
(d)
the demarcation of the geographical area concerned;
(e)
the details bearing out the link referred to in point (3) of Article 2;
(f)
the applicable requirements laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected geographical indication, having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with Union law;
(g)
an indication of the main raw material from which the aromatised wine product is obtained;
(h)
the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
Application for protection relating to a geographical area in a third country
1. Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 10, proof that the name in question is protected in its country of origin.
2. The application for protection shall be sent to the Commission, either directly by the applicant or via the authorities of the third country concerned.
3. The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Applicants
1. Any interested group of producers, or in exceptional cases a single producer, may lodge an application for protection of a geographical indication. Other interested parties may participate in the application for protection.
2. Producers may lodge an application for protection only for aromatised wine products which they produce.
3. In the case of a name designating a trans-border geographical area, a joint application for protection may be lodged.
Preliminary national procedure
1. Applications for protection of a geographical indication of aromatised wine products originating in the Union shall be subject to a preliminary national procedure in accordance with paragraphs 2 to 7 of this Article.
2. The application for protection shall be filed with the Member State in whose territory the geographical indication originates.
3. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Chapter.
The Member State shall, by means of a national procedure, ensure the adequate publication of the application for protection and shall provide for a period of at least two months from the date of publication within which any natural or legal person with a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
4. If the Member State considers that the geographical indication does not meet the relevant requirements or is incompatible with Union law in general, it shall reject the application.
5. If the Member State considers that the relevant requirements are met, it shall:
(a)
publish the single document and the product specification at least on the internet; and
(b)
forward to the Commission an application for protection containing the following information:
(i)
the name and address of the applicant;
(ii)
the product specification referred in Article 10(2);
(iii)
the single document referred to in Article 10(1)(d);
(iv)
a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and
(v)
the reference to the publication, as referred to in point (a).
The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
6. Member States shall adopt the laws, regulations or administrative provisions necessary to comply with this Article by 28 March 2015.
7. Where a Member State has no national legislation concerning the protection of geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Chapter at national level. Such protection shall take effect from the date the application is lodged with the Commission and shall cease on the date on which a decision on registration or refusal under this Chapter is taken.
Scrutiny by the Commission
1. The Commission shall make the date of submission of the application for protection public.
2. The Commission shall examine whether the applications for protection referred to in Article 13(5) meet the conditions laid down in this Chapter.
3. Where the Commission considers that the conditions laid down in this Chapter are met, it shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), publish in the Official Journal of the European Union the single document referred to in Article 10(1)(d) and the reference to the publication of the product specification referred to in Article 13(5)(a).
4. Where the Commission considers that the conditions laid down in this Chapter are not met, it shall, by means of implementing acts, decide to reject the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Objection procedure
Within two months from the date of publication provided for in Article 14(3), any Member State or third country, or any natural or legal person with a legitimate interest, resident or established in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging with the Commission a duly substantiated statement relating to the conditions of eligibility as laid down in this Chapter.
In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.
Decision on protection
On the basis of the information available to the Commission upon the completion of the objection procedure referred to in Article 15, the Commission shall, by means of implementing acts, either confer protection on the geographical indication which meets the conditions laid down in this Chapter and is compatible with Union law, or reject the application where those conditions are not met. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Homonyms
1. A name, for which an application for protection is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation, shall be registered with due regard for local and traditional usage and for any risk of confusion.
2. A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
3. The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.
Grounds for refusal of protection
1. Names that have become generic shall not be protected as a geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the Union.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a)
the existing situation in the Union, notably in areas of consumption;
(b)
the relevant Union or national law.
2. A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.
Relationship with trademarks
1. Where a geographical indication is protected under this Regulation, the registration of a trademark the use of which falls under Article 20(2) and relating to an aromatised wine product shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the geographical indication to the Commission and the geographical indication is subsequently protected.
Trademarks registered in breach of the first subparagraph shall be invalidated.
2. Without prejudice to Article 17(2), a trademark the use of which falls under Article 20(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date on which the application for protection of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified by the Directive 2008/95/EC of the European Parliament of the Council ( 13 ) or by Council Regulation (EC) No 207/2009 ( 14 ) .
In such cases the use of the geographical indication shall be permitted alongside the relevant trademarks.
Protection
1. Geographical indications protected under this Regulation may be used by any operator marketing an aromatised wine product which has been produced in conformity with the corresponding product specification.
2. Geographical indications protected under this Regulation and the aromatised wine products using those protected names in conformity with the product specification shall be protected against:
(a)
any direct or indirect commercial use of a protected name:
(i)
by comparable products not complying with the product specification of the protected name; or
(ii)
in so far as such use exploits the reputation of a geographical indication;
(b)
any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
(c)
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
(d)
any other practice liable to mislead the consumer as to the true origin of the product.
3. Geographical indications protected under this Regulation shall not become generic in the Union within the meaning of Article 18(1).
4. Member States shall take the appropriate administrative and judicial measures to prevent or to stop unlawful use of geographical indications protected under this Regulation as referred to in paragraph 2.
Register
The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), establish and maintain an electronic register of geographical indications protected under this Regulation for aromatised wine products which shall be publicly accessible.
Geographical indications pertaining to products of third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the register referred to in the first paragraph as geographical indications protected under this Regulation.
Designation of competent authority
1. Member States shall designate the competent authority or authorities responsible for checks in respect of the obligations established by this Chapter in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council ( 15 ) .
2. Member States shall ensure that any operator complying with this Chapter is entitled to be covered by a system of checks.
3. Member States shall inform the Commission of the competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses public and update them periodically.
Verification of compliance with specifications
1. In respect of geographical indications protected under this Regulation relating to a geographical area within the Union, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
the competent authority or authorities referred to in Article 22; or
(b)
one or more control bodies responsible for the verification within the meaning of point 5 of the second paragraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the requirements laid down in Article 5 of that Regulation.
The costs of such verification shall be borne by the operators subject to it.
2. In respect of geographical indications protected under this Regulation relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the aromatised wine product, shall be ensured by:
(a)
one or more public authorities designated by the third country; or
(b)
one or more certification bodies.
3. The bodies referred to in point (b) of paragraph 1 and point (b) of paragraph 2 shall comply with, and be accredited in accordance with, the Standard EN ISO/IEC 17065:2012 (Conformity assessments — Requirements for bodies certifying products processes and services).
4. Where the authority or authorities referred to in point (a) of paragraph 1 and point (a) of paragraph 2 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.
Amendments to product specifications
1. An applicant satisfying the conditions of Article 12 may apply for approval of an amendment to the product specification of a geographical indication protected under this Regulation, in particular in order to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of Article 10(2). Applications shall describe and give reasons for the amendments requested.
2. Where the proposed amendment involves one or more changes to the single document referred to in point (d) of Article 10(1), Articles 13 to 16 shall apply mutatis mutandis to the application for amendment. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts, decide whether to approve the application without following the procedure laid down in Article 14(2) and Article 15 and in the case of approval, the Commission shall proceed to the publication of the elements referred to in Article 14(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Cancellation
The Commission may, on its own initiative or at the duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, decide, by means of implementing acts, to cancel the protection of a geographical indication if compliance with the corresponding product specification is no longer ensured. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Articles 13 to 16 shall apply mutatis mutandis .
Existing geographical designations
1. Geographical designations of aromatised wine products listed in Annex II to Regulation (EEC) No 1601/91 and any geographical designation submitted to a Member State and approved by that Member State before 27 March 2014, shall automatically be protected as geographical indications under this Regulation. The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2) of this Regulation, list them in the register provided for in Article 21 of this Regulation.
2. Member States shall, in respect of existing geographical designations referred to in paragraph 1, transmit to the Commission:
(a)
the technical files as provided for in Article 10(1);
(b)
the national decisions of approval.
3. Existing geographical designations referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 28 March 2017, shall lose protection under this Regulation. The Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), take the corresponding formal step of removing such names from the register provided for in Article 21.
4. Article 25 shall not apply in respect of existing geographical designations referred to in paragraph 1 of this Article.
Until 28 March 2018 the Commission may, by means of implementing acts, on its own initiative, decide to cancel the protection of existing geographical designations referred to in paragraph 1 of this Article if they do not comply with point (3) of Article 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Fees
Member States may charge a fee to cover their costs, including those incurred in examining applications for protection, statements of objections, applications for amendments and requests for cancellations under this Chapter.
Delegated powers
1. In order to take account of the specific characteristics of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning:
(a)
criteria for the demarcation of the geographical area; and
(b)
rules, restrictions and derogations related to the production in the demarcated geographical area.
2. In order to ensure product quality and traceability, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 in order to establish the conditions under which product specifications may include additional requirements to those referred to in Article 10(2)(f).
3. In order to ensure the rights or legitimate interests of producers or operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 in order to:
(a)
determine the cases in which a single producer may apply for the protection of a geographical indication;
(b)
determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication;
(c)
establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment and cancellation of geographical indications;
(d)
establish the conditions applicable to transborder applications;
(e)
set the date of submission of an application or a request;
(f)
set the date from which protection shall run;
(g)
establish the conditions under which an amendment is to be considered as minor as referred to in Article 24(2);
(h)
set the date on which an amendment shall enter into force;
(i)
establish the conditions relating to the applications for, and approval of, amendments to the product specification of a geographical indication protected under this Regulation, where such amendments do not involve any change to the single document referred to in point (d) of Article 10(1).
4. In order to ensure adequate protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning the restrictions regarding the protected name.
Implementing powers
1. The Commission may, by means of implementing acts, adopt all necessary measures related to this Chapter regarding:
(a)
the information to be provided in the product specification with regard to the link referred to in point (3) of Article 2 between the geographical area and the final product;
(b)
the means of making the decisions on protection or rejection referred to in Article 16 available to the public;
(c)
the submission of trans-border applications;
(d)
checks and verification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
2. The Commission may, by means of implementing acts, adopt all necessary measures related to this Chapter as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a geographical indication, as well as the procedure, including admissibility, for requests for objection, cancellation, or conversion, and the submission of information relating to existing protected geographical designations, in particular with respect to:
(a)
models for documents and the transmission format;
(b)
time limits;
(c)
the details of the facts, evidence and supporting documents to be submitted in support of the application or request.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Inadmissible application or request
Where an application or a request submitted under this Chapter is deemed inadmissible, the Commission shall, by means of implementing acts adopted without applying the procedure referred to in Article 34(2), decide to reject it as inadmissible.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
