LegalizeRegulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs
The scrutiny of the application shall focus on the proposed amendment. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Standard amendments shall be approved and made public by the Member State in whose territory the geographical area of the product concerned is located and communicated to the Commission. Third countries shall approve standard amendments in accordance with the law applicable in the third country concerned and communicate them to the Commission.
In order to facilitate the administrative process in relation to Union and standard amendments to product specifications, including where an amendment does not involve any change to the single document, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the amendment application process.
The Commission may adopt implementing acts laying down detailed rules on the procedures for, form of and presentation of an amendment application for Union amendments, and on the procedures for and form of standard amendments and their communication to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 54
Cancellation
The Commission may, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:
- (a) where compliance with the conditions of the specification is not ensured;
- (b) where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.
The Commission may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56 complementing the rules regarding the cancellation process.
The Commission may adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
TITLE VI PROCEDURAL AND FINAL PROVISIONS
CHAPTER I Local farming and direct sales
Article 55
Reporting on local farming and direct sales
No later than 4 January 2014 the Commission shall present a report to the European Parliament and to the Council on the case for a new local farming and direct sales labelling scheme to assist producers in marketing their produce locally. That report shall focus on the ability of the farmer to add value to his produce through the new label, and should take into account other criteria, such as the possibilities of reducing carbon emissions and waste through short production and distribution chains.
That report shall, if necessary, be accompanied by appropriate legislative proposals on the creation of a local farming and direct sales labelling scheme.
CHAPTER II Procedural rules
Article 56
Exercise of the delegation
The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) shall be conferred on the Commission for a period of five years from 3 January 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 57
Committee procedure
The Commission shall be assisted by the Agricultural Product Quality Policy Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
CHAPTER III Repeal and final provisions
Article 58
Repeal
Regulations (EC) No 509/2006 and (EC) No 510/2006 are hereby repealed.
However, Article 13 of Regulation (EC) No 509/2006 shall continue to apply in respect of applications concerning products falling outside the scope of Title III of this Regulation, received by the Commission prior to the date of entry into force of this Regulation.
References to the repealed Regulations shall be construed as references to this Regulation and be read in accordance with the correlation table in Annex II to this Regulation.
Article 59
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Article 12(3) and Article 23(3) shall apply from 4 January 2016, without prejudice to products already placed on the market before that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
AGRICULTURAL PRODUCTS AND FOODSTUFFS REFERRED TO IN ARTICLE 2(1)
- I.Designations of Origin and Geographical indications
- — beer,
- — chocolate and derived products,
- — bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
- — beverages made from plant extracts,
- — pasta,
- — salt,
- — natural gums and resins,
- — mustard paste,
- — hay,
- — essential oils,
- — cork,
- — cochineal,
- — flowers and ornamental plants,
- — cotton,
- — wool,
- — wicker,
- — scutched flax,
- — leather,
- — fur,
- — feather,
- — aromatised wines as defined in Article 3(2) of Regulation (EU) No 251/2014,
- — other alcoholic beverages, except for spirit drinks and grapevine products as defined in Annex VII, Part II, to Regulation (EU) No 1308/2013,
- — beeswax.
- II.Traditional specialities guaranteed
- — prepared meals,
- — beer,
- — chocolate and derived products,
- — bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
- — beverages made from plant extracts,
- — pasta,
- — salt.
ANNEX II
CORRELATION TABLE REFERRED TO IN ARTICLE 58(2)
| Regulation (EC) No 509/2006 | This Regulation |
|---|---|
| Article 1(1) | Article 2(1) |
| Article 1(2) | Article 2(3) |
| Article 1(3) | Article 2(4) |
| Article 2(1), point (a) | Article 3, point (5) |
| Article 2(1), point (b) | Article 3, point (3) |
| Article 2(1), point (c) | — |
| Article 2(1), point (d) | Article 3, point (2) |
| Article 2(2), first to third subparagraph | — |
| Article 2(2), fourth subparagraph | — |
| Article 3 | Article 22(1) |
| Article 4(1), first subparagraph | Article 18(1) |
| Article 4(2) | Article 18(2) |
| Article 4(3), first subparagraph | — |
| Article 4(3), second subparagraph | Article 18(4) |
| Article 5(1) | Article 43 |
| Article 5(2) | Article 42(1) |
| Article 6(1) | Article 19(1) |
| Article 6(1), point (a) | Article 19(1), point (a) |
| Article 6(1), point (b) | Article 19(1), point (b) |
| Article 6(1), point (c) | Article 19(1), point (c) |
| Article 6(1), point (d) | — |
| Article 6(1), point (e) | Article 19(1), point (d) |
| Article 6(1), point (f) | — |
| Article 7(1) and (2) | Article 49(1) |
| Article 7(3), points (a) and (b) | Article 20(1), points (a) and (b) |
| Article 7(3), point (c) | — |
| Article 7(3), point (d) | — |
| Article 7(4) | Article 49(2) |
| Article 7(5) | Article 49(3) |
| Article 7(6), points (a), (b) and (c) | Article 49(4) |
| Article 7(6), point (d) | Article 20(2) |
| Article 7(7) | Article 49(5) |
| Article 7(8) | Article 49(6) |
| Article 8(1) | Article 50(1) |
| Article 8(2), first subparagraph | Article 50(2), point (b) |
| Article 8(2), second subparagraph | Article 52(1) |
| Article 9(1) and (2) | Article 51(1) |
| Article 9(3) | Article 21(1) and (2) |
| Article 9(4) | Article 52(2) |
| Article 9(5) | Article 52(3) and (4) |
| Article 9(6) | Article 51(5) |
| Article 10 | Article 54 |
| Article 11 | Article 53 |
| Article 12 | Article 23 |
| Article 13(1) | — |
| Article 13(2) | — |
| Article 13(3) | — |
| Article 14(1) | Article 36(1) |
| Article 14(2) | Article 46(1) |
| Article 14(3) | Article 37(3), second subparagraph |
| Article 15(1) | Article 37(1) |
| Article 15(2) | Article 37(2) |
| Article 15(3) | Article 39(2) |
| Article 15(4) | Article 36(2) |
| Article 16 | — |
| Article 17(1) and (2) | Article 24(1) |
| Article 17(3) | Article 24(2) |
| Article 18 | Article 57 |
| Article 19(1), point (a) | — |
| Article 19(1), point (b) | Article 49(7), second subparagraph |
| Article 19(1), point (c) | Article 49(7), first subparagraph |
| Article 19(1), point (d) | Article 22(2) |
| Article 19(1), point (e) | Article 51(6) |
| Article 19(1), point (f) | Article 54(1) |
| Article 19(1), point (g) | Article 23(4) |
| Article 19(1), point (h) | — |
| Article 19(1), point (i) | — |
| Article 19(2) | Article 25(1) |
| Article 19(3), point (a) | — |
| Article 19(3), point (b) | Article 25(2) |
| Article 20 | Article 47 |
| Article 21 | Article 58 |
| Article 22 | Article 59 |
| Annex I | Annex I (Part II) |
| Regulation (EC) No 510/2006 | This Regulation |
| --- | --- |
| Article 1(1) | Article 2(1) and (2) |
| Article 1(2) | Article 2(3) |
| Article 1(3) | Article 2(4) |
| Article 2 | Article 5 |
| Article 3(1), first subparagraph | Article 6(1) |
| Article 3(1), second and third subparagraph | Article 41(1), (2) and (3) |
| Article 3(2), (3) and (4) | Article 6(2), (3) and (4) |
| Article 4 | Article 7 |
| Article 5(1) | Article 3, point (2), and Article 49(1) |
| Article 5(2) | Article 49(1) |
| Article 5(3) | Article 8(1) |
| Article 5(4) | Article 49(2) |
| Article 5(5) | Article 49(3) |
| Article 5(6) | Article 9 |
| Article 5(7) | Article 8(2) |
| Article 5(8) | — |
| Article 5(9), first subparagraph | — |
| Article 5(9), second subparagraph | Article 49(5) |
| Article 5(10) | Article 49(6) |
| Article 5(11) | — |
| Article 6(1), first subparagraph | Article 50(1) |
| Article 6(2), first subparagraph | Article 50(2), point (a) |
| Article 6(2), second subparagraph | Article 52(1) |
| Article 7(1) | Article 51(1), first subparagraph |
| Article 7(2) | Article 51(1), second subparagraph |
| Article 7(3) | Article 10 |
| Article 7(4) | Article 52(2) and (4) |
| Article 7(5) | Article 51(3) and Article 52(3) and (4) |
| Article 7(6) | Article 11 |
| Article 7(7) | Article 51(5) |
| Article 8 | Article 12 |
| Article 9 | Article 53 |
| Article 10(1) | Article 36(1) |
| Article 10(2) | Article 46(1) |
| Article 10(3) | Article 37(3), second subparagraph |
| Article 11(1) | Article 37(1) |
| Article 11(2) | Article 37(2) |
| Article 11(3) | Article 39(2) |
| Article 11(4) | Article 36(2) |
| Article 12 | Article 54 |
| Article 13(1) | Article 13(1) |
| Article 13(2) | Article 13(2) |
| Article 13(3) | Article 15(1) |
| Article 13(4) | Article 15(2) |
| Article 14 | Article 14 |
| Article 15 | Article 57 |
| Article 16, point (a) | Article 5(4), second subparagraph |
| Article 16, point (b) | — |
| Article 16, point (c) | — |
| Article 16, point (d) | Article 49(7) |
| Article 16, point (e) | — |
| Article 16, point (f) | Article 51(6) |
| Article 16, point (g) | Article 12(7) |
| Article 16, point (h) | — |
| Article 16, point (i) | Article 11(3) |
| Article 16, point (j) | — |
| Article 16, point (k) | Article 54(2) |
| Article 17 | Article 16 |
| Article 18 | Article 47 |
| Article 19 | Article 58 |
| Article 20 | Article 59 |
| Annex I and Annex II | Annex I (Part I) |
[^E0001]: OJ L 204, 21.7.1998, p. 37.
[^E0002]: OJ L 78, 24.3.2009, p. 1.
[^E0003]: Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
[^E0004]: 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 ).
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