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Commission Implementing Regulation (EU) 2019/34 SECTION 3 — Amendments to the product specification

Article 9–Article 11 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Applications for Union amendments

Article 9

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

Article 10

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

Article 11

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.

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