ANNEX
Annexes II to VII to Implementing Regulation (EU) 2019/34 are replaced by the following:
‘ANNEX II
SUBSTANTIATED STATEMENT OF OBJECTION
[Mark the appropriate box with an “X”:] ☐ PDO ☐ PGI
1. Name of product
[as published in the Official Journal]
…
2. Official reference
[as published in the Official Journal]
Reference number: …
Date of publication in the Official Journal: …
3. Name of the objector (Person, body, Member State 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(4) 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
1. Name of product
[as published in the Official Journal]
2. Official reference [as published in the Official Journal]
Reference number:
Date of publication in the Official Journal:
3. Name of the objector (Person, body, Member State 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 98(4) of Regulation (EU) No 1308/2013.]
4.2. Agreement was not reached with the following opponent(s):
[annex the information referred to in Article 98(5) of Regulation (EU) No 1308/2013.]
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 UNION AMENDMENT TO THE PRODUCT SPECIFICATION
[Registered name] “…”
EU No: [for EU use only]
[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. Third country to which the demarcated area belongs
…
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 “Union amendment” as provided for in Article 105(2) of Regulation (EU) No 1308/2013. ]
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.
The consolidated version of the product specification as published, or the reference to the publication of the product specification
ANNEX V
COMMUNICATING THE APPROVAL OF A STANDARD AMENDMENT
[Registered name] “…”
EU No: [for EU use only]
[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 standard amendment(s) and a statement explaining why the amendment(s) fall under the definition of standard amendment as provided for in Article 105(2), third subparagraph, of Regulation (EU) No 1308/2013. ]
3. Third country to which the demarcated area belongs
…
4. Annexes
4.1.
The application of the approved standard amendment
4.2.
The decision approving the 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.
A copy the consolidated version of the product specification as published or the reference to the publication of the product specification
ANNEX VI
COMMUNICATING THE APPROVAL OF A TEMPORARY AMENDMENT
[Registered name] “…”
EU No: [for EU use only]
[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 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 “temporary amendment” as provided for in Article 105(2), fourth subparagraph, of Regulation (EU) No 1308/2013. ]
3. Third country to which the demarcated area belongs
…
4. Annexes
4.1.
The application of the approved temporary amendment
4.2.
The decision approving the temporary amendment
4.3.
The proof that the amendment is applicable in the third country
ANNEX VII
CANCELLATION REQUEST
[Registered name:] “…”
EU No: [for EU use only]
[Mark the appropriate box with an “X”:] ☐ PGI ☐ PDO
1. Registered name proposed to be cancelled
…
2. Member State or Third Country to which the demarcated area belongs
…
3. Person, body, Member State 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
☐
Where compliance with the corresponding product specification is no longer guaranteed (Article 106, first paragraph, point (a), of Regulation (EU) No 1308/2013).
☐
Where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years (Article 106, first paragraph, point (b), of Regulation (EU) No 1308/2013).
☐
Where an applicant satisfying the conditions laid down in Article 95 of Regulation (EU) No 1308/2013 declares that it no longer wishes to maintain the protection of a designation of origin or a geographical indication (Article 106, first paragraph, point (c), of Regulation (EU) No 1308/2013).
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:]
’.
