Amendments to Implementing Regulation (EU) 2019/34
Article 38
Implementing Regulation (EU) 2019/34 is amended as follows: (1) the title is replaced by the following: ‘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 checks related to protected designations of origin and protected geographical indications and applications for protection, the objection procedure, the registration, modification and cancellation of traditional terms in the wine sector’; (2) Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation lays down rules for the application of Regulation (EU) No 1308/2013, concerning protected designations of origin and protected geographical indications in the wine sector as regards checks and concerning traditional terms in the wine sector, as regards: (a) applications for protection; (b) the objection procedure; (c) registration; (d) enforcement of the protection; (e) modification; (f) cancellation of the protection; (g) communications.’ ; (3) Articles 2 to 14 are deleted; (4) Article 15 is replaced by the following: ‘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 delegated bodies shall comply with the requirements laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council ( *1 ) . 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 delegated bodies referred to in Article 116a(3) of Regulation (EU) No 1308/2013 and the one or more certification bodies referred to in paragraph 2, point (b), of this Article shall comply with, and be accredited in accordance with, either of the following standards as relevant for the delegated tasks: (a) Standard EN ISO/IEC 17065 “Conformity assessment – Requirements for bodies certifying products, processes and services”; (b) Standard EN ISO/IEC 17020 “Conformity assessment – Requirements for the operation of various types of bodies performing inspection”. 4. Where the authority referred to in Article 116a(2) of Regulation (EU) No 1308/2013 and the one or more authorities referred to in paragraph 2, point (a), 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. 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. ( *1 ) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( OJ L 95, 7.4.2017, p. 1 , ELI: http://data.europa.eu/eli/reg/2017/625/oj) .’;" (5) Article 16 is deleted; (6) Article 17 is replaced by the following: ‘Article 17 Communication between Member States and the Commission Member States shall communicate to the Commission the details of the competent authority referred to in Article 116a(2) of Regulation (EU) No 1308/2013, including the authorities referred to in Article 42(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council ( *2 ) and, where applicable, the delegated bodies referred to in Article 116a(3) of Regulation (EU) No 1308/2013. The Commission shall make public the names and addresses of the competent authority or authorities or delegated bodies. ( *2 ) Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 ( OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj) .’;" (7) Article 19 is amended as follows: (a) in paragraph 1, the introductory sentence is replaced by the following: ‘The annual verification carried out by the competent authority or delegated bodies referred to in Article 116a(3) of Regulation (EU) No 1308/2013 shall consist of:’; (b) in paragraph 7, the second subparagraph is replaced by the following: ‘Competent authorities or delegated bodies of different Member States responsible for carrying out checks on a protected designation of origin or protected geographical indication shall cooperate among them, 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.’; (c) paragraph 8 is replaced by the following: ‘8. Paragraphs 1 to 5 shall apply to wines benefitting from transitional national protection under Article 11 of Regulation (EU) 2024/1143.’ ; (8) Article 30 is amended as follows: (a) paragraphs 1 and 2 are deleted; (b) paragraph 4 is replaced by the following: ‘4. 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 may contact the Commission, via the electronic mail address indicated in Annex XII, Part B, in order to obtain information on the methods of communication and on how information required for the implementation of Chapter III is to be made available.’ ; (9) Article 31 is amended as follows: (a) paragraph 2 is deleted; (b) paragraph 4 is replaced by the following: ‘4. Article 4 of Delegated Regulation (EU) 2017/1183 and Articles 1 to 5 of Implementing Regulation (EU) 2017/1185 shall apply mutatis mutandis to the notification and the submission of information, as referred to in paragraph 1 of this Article.’ ; (10) Article 32 is deleted; (11) in Article 33, the first paragraph is deleted; (12) Annexes I to VII and Annex XII, Part A, are deleted.