Publication of decisions
1. The Office, after informing the Commission, shall arrange for the reference to a decision to be published in the Official Journal of the European Union as soon as possible after the decision referred to in Article 29 of Regulation (EU) 2023/2411 is published in the Union register.
2. The reference shall include the number of the decision, the registered, amended or cancelled name (or names) of the product, the type of product, the country of origin and the registration, amendment or cancellation date.
Decision of the Commission on the application
1. The request by the competent authority of a Member State or the Office to the Commission to take over the power to decide in a procedure, as referred to in Article 30 of Regulation (EU) 2023/2411, shall be submitted to the Commission electronically to a dedicated functional mailbox, addressed to the head of unit in charge of craft and industrial geographical indications in the internal market, using the form made available online by the Office, and it shall indicate the ground on which the request is based and provide reasons for the request.
2. The Commission shall inform the Office through the digital system and through email the competent authority of the Member State making the request, within two months after the receipt of the request referred to in paragraph 1 on its decision as to whether it will take over the power to decide in a procedure referred to in Article 30(1) of Regulation (EU) 2023/2411. The Commission communication shall indicate the grounds and provide a justification.
3. When the Commission intends to take over the power to decide in a procedure as referred to in Article 30(1) of Regulation (EU) 2023/2411 on its own initiative, it shall inform the Office through the digital system and through email the competent authority of the Member State where the product originates. The Commission communication shall indicate the grounds and provide a justification.
4. Information that the Commission has taken over the procedure, the ground invoked, and the justification shall be published in the Union register by the Office within 2 weeks after the Commission has informed the Office about the takeover, in all the official languages of the Union.
5. The procedure before the Office shall be suspended as from the date of submission of the request to the Commission until the Commission informs the Office and the requesting competent authority of the Member State whether it will take over the power to decide. In case the Commission decides not to take over the procedure, the Office shall without delay resume the procedure.
6. Where the Commission takes over the procedure from the Office as referred to in Article 30 of Regulation (EU) 2023/2411, the Office shall provide the Commission with a draft decision referred to in Article 30(2) of Regulation (EU) 2023/2411 in electronic form.
7. The Commission shall endeavour to adopt the implementing act regarding the final decision in a given procedure pursuant to Article 30(1) of Regulation (EU) 2023/2411 within nine months after the submission of the request referred to in paragraph 1 of this Article or after it has informed the Office of acting on its own initiative. The implementing act shall contain information that the Commission has taken over the case, the grounds and justification.
