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Applications for protection from Member States
When forwarding an application for protection to the Commission in accordance with Article 96(5) of Regulation (EU) No 1308/2013, Member States shall include the electronic reference to the publication of the product specification referred to in Article 97(3) of Regulation (EU) No 1308/2013 and the declaration referred to in Article 6 of Delegated Regulation (EU) 2019/33.
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 Commission 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.
Joint applications
1. A joint application, as referred to in Article 95(3) of Regulation (EU) No 1308/2013, shall be submitted to the Commission by one of the Member States concerned, or by an applicant within the meaning of Article 3 in one of the third countries concerned, directly or through the authorities of that third country. The requirements laid down in Article 94 of Regulation (EU) No 1308/2013 and in Articles 2 and 3 of this Regulation shall be fulfilled in all Member States and third countries concerned. 2. The Member State, third country or an applicant within the meaning of Article 3 established in a third country which submits to the Commission a joint application as referred to in paragraph 1 becomes the consignee of any notification or decision issued by the Commission.
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; (b) the Member State or third country to which the demarcated area belongs; (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 in accordance with the form made available in the information systems referred to in Article 30(1)(a). Third countries shall use the model for single documents set out in Annex I.
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.
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 Commission shall inform the Member State or authorities of the third country or the applicant established in the third country in question 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, before the new version of the single document is sent to the Commission, those modifications shall be made the subject of adequate publication to enable any natural or legal person having a legitimate interest and established or resident in the territory of the Member State in question to lodge an objection. The electronic reference to the publication of the product specification shall be updated and shall lead to the consolidated version of the proposed product specification. 2. If the obstacles to the conferral of protection are not remedied by the Member State or third-country authorities or the applicant, established in the third country in question, within the given deadline, the Commission 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 Commission on the basis of the documents and information available to it. The Commission shall notify the Member State or the third-country authorities or the applicant established in the third country in question of the decision to reject the application.
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 reference to the name published in the Official Journal of the European Union , L series 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 Commission 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.
Applications for Union amendments
1. An application for a Union 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) the electronic reference to the publication of the consolidated and duly completed product specification, as modified. 2. An application for Union amendment shall be drawn up in accordance with the form made available in the information systems referred to in Article 30(1)(a). Third countries shall use the form set out in Annex IV. The amended single document shall be drawn up in accordance with Article 5. The electronic reference to the publication of the product specification shall lead to the consolidated version of the proposed product specification. An application from a third country may include a copy of the consolidated version of the product specification instead of the electronic reference to the published copy of the product specification. 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.
Communicating a standard amendment
1. The communication of standard amendments to the product specification, as referred to in Article 17 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) the decision approving the standard amendment as referred to in paragraphs 2 and 3 of Article 17 of Delegated Regulation (EU) 2019/33; (d) the consolidated single document, as modified, where relevant; (e) the electronic reference to the publication of the consolidated product specification, as modified. 2. The communication from a Member State shall include a declaration by that Member State that it considers that the amendment approved meets the requirements of Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2019/33. 3. In the case of products originating in third countries, 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. It may contain the consolidated product specification as made public instead of the publication reference thereto. 4. The form made available in the information systems referred to in Article 30(1)(a) shall be used for the purposes of communications referred to in paragraphs 1 and 2. 5. The form set out in Annex V shall be used for communications referred to in paragraph 3.
Communicating a temporary amendment
1. The communication of a temporary amendment to the product specification, as referred to in Article 18 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 Article 14(2) of Delegated Regulation (EU) 2019/33; (c) the electronic reference to the publication of the national decision approving the temporary amendment. 2. The communication from a Member State shall include a declaration by that Member State that it considers that the amendment approved meets the requirements of Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2019/33. 3. In the case of products originating in third countries, 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. It may contain the consolidated product specification as made public instead of the publication reference thereto. 4. The form made available in the information systems referred to in Article 30(1)(a) shall be used for communications referred to in paragraphs 1 and 2. 5. The form set out in Annex VI shall be used for communications referred to in paragraph 3.
Register
1. Upon the entry into force of a decision conferring protection on the name of a designation of origin or geographical indication, the Commission 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: (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; (f) the electronic reference to the legal instrument protecting the name; (g) the electronic reference to the single document; (h) where the geographical area falls within the territory of Member States, the electronic reference to the publication of the product specification. 2. Where the Commission approves an amendment to a product specification or receives a communication of an approved amendment to a product specification that entails a change to the information recorded in the register, it shall record the new data with effect from the entry into force of the decision approving the amendment. 3. When a cancellation takes effect, the Commission shall delete the name from the register and shall maintain a record of the cancellation. 4. All data present in the electronic database ‘e-Bacchus’ referred to in Article 18 of Regulation (EC) No 607/2009, on the date of entry into force of this Regulation, shall be entered in the electronic register referred to in paragraph 1 of this Article. 5. The register shall be accessible to the public.
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.
The Union symbol
The Union 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 reproduced as laid down in Annex X to Implementing Regulation (EU) No 668/2014.
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 (EC) No 882/2004. 2. In respect of protected designations of origin and protected geographical indications relating to a geographical area in 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: (a) one or more public authorities designated by the third country; or (b) 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, and for a period of two years from the date of entry into force of this Regulation, 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. 6. Member States shall be authorised to impose a fee on operators subject to the controls in order to cover the costs incurred for the establishment and operation of the control system.
Actions to be carried out by the Member States to prevent unlawful use of protected designations of origin and protected geographical indications
Member States shall carry out checks based on a risk analysis to prevent or stop the unlawful use of protected designations of origin and protected geographical indications on products produced or marketed in their territories. Member States shall take all necessary measures to address non-compliance, including administrative and judicial measures. Member States shall designate the authorities responsible for taking these measures in accordance with procedures determined by each individual Member State. The designated authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources needed to carry out their tasks.
Communication between Member States and the Commission
Member States shall communicate the details of the competent authority referred to in Article 90(2) of Regulation (EU) No 1306/2013, including the authorities referred to in Article 16 of this Regulation and where applicable the control bodies referred to in Article 90(3) of Regulation (EU) No 1306/2013 to the Commission. The Commission shall make public the names and addresses of the competent authority or authorities or control bodies.
Communication between third countries and the Commission
Where wines from a third country benefit from a protected designation of origin or geographical indication, the third country concerned shall send the Commission, at its request: (a) 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; (b) information setting out what aspects are covered by the checks; (c) proof that the wine in question fulfils the conditions of the relevant designation of origin or geographical indication.
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 the Member State in which production takes place 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. Where Member States opt to conduct random checks referred to in point (a) of the second subparagraph, they shall select the minimum number of operators to be subjected to those checks. Where Member States opt to conduct sampling referred to in point (b) of the second subparagraph, they 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. 5. In the case of a protected trans-border designation of origin or geographical indication, the verification may be performed by a control authority of either of the Member States concerned. 6. Any product failing to meet the conditions set out in paragraphs 1 to 5 may be placed on the market, but without the relevant designation of origin or geographical indication, provided that the other legal requirements are satisfied. 7. By way of derogation from paragraph 1, annual verification may be carried out at the packaging stage of the product, in the territory of a Member State other than the Member State in which the production took place, in which case Article 43 of Delegated Regulation (EU) 2018/273 applies. Competent authorities or control bodies of different Member States responsible for carrying out checks on a protected designation of origin or protected geographical indication shall cooperate in particular to ensure that, as regards packaging obligations, the operators established in a Member State other than the Member State in which the production of the wine whose name is registered as a protected designation of origin or protected geographical indication takes place comply with the control obligations of the product specification in question. 8. Paragraphs 1 to 5 shall apply to wines benefitting from transitional national protection under Article 8 of Delegated Regulation (EU) 2019/33.
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) a physical and chemical analysis of the wine in question, measuring the following characteristic properties: (i) total and actual alcoholic strength, (ii) total sugars expressed in terms of fructose and glucose (including any sucrose, in the case of semi-sparkling and sparkling wines), (iii) total acidity, (iv) volatile acidity, (v) total sulphur dioxide; (b) an additional analysis of the wine in question, measuring the following characteristic properties: (i) carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 °C), (ii) any other characteristic properties provided for in Member States legislation or product specifications of protected designations of origin and geographical indications concerned; (c) an organoleptic test covering visual appearance, odour and taste.
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