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 applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks

CHAPTER I

INTRODUCTORY PROVISION

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.

CHAPTER II

PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

SECTION 1

Application for protection

SECTION 2

Objection procedure

SECTION 3

Amendments to the product specification

SECTION 4

Register

SECTION 5

Cancellation

SECTION 6

Use of the Union symbol

SECTION 7

Checks

Article 15

Authorities responsible for verifying compliance with the product specification

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.

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”.

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.

Article 18

Communication between third countries and the Commission

Where wines from a third country benefit from a protected designation of origin or geographical indication, the third country concerned shall send the Commission, at its request:

(a) information on the designated authorities or certification bodies which perform the annual verification of compliance with the product specification, during the production and during or after conditioning of the wine;

(b) information setting out what aspects are covered by the checks;

(c) proof that the wine in question fulfils the conditions of the relevant designation of origin or geographical indication.

Article 19

Annual verification

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:

(a) an organoleptic and analytical testing for products bearing a designation of origin;

(b) either analytical testing only or both organoleptic and analytical testing for products bearing a geographical indication;

(c) checking compliance with the other conditions set out in the product specification.

The annual verification shall be conducted in the Member State in which production takes place in accordance with the product specification and shall be carried out through one or more of the following methods:

(a) through random checks based on a risk analysis;

(b) through sampling;

(c) systematic checks.

Where Member States opt to conduct random checks referred to in point (a) of the second subparagraph, they shall select the minimum number of operators to be subjected to those checks.

Where Member States opt to conduct sampling referred to in point (b) of the second subparagraph, they shall ensure that by the number, nature and frequency of controls, the sampling is representative of the whole of the demarcated geographical area in question and corresponds to the volume of wine-sector products marketed or held with a view to their marketing.

The testing shall be carried out at any stage in the production process, and at the packaging stage, where relevant. Each sample taken shall be representative of the relevant wines held by the operator.

For the purposes of checking compliance with the product specification referred to in point (c) of the first subparagraph of paragraph 1, the control authority shall:

(a) conduct an on-site check at the premises of operators to verify that the operators are actually able to meet the conditions laid down in the product specification;

(b) conduct a check on the products at any stage of the production process, and at the packaging stage, where relevant, on the basis of an inspection plan covering every stage of production of the product, drawn up in advance by the control authority and of which operators are aware.

The annual verification shall ensure that a product cannot use the protected designation of origin or geographical indication relating to it unless:

(a) the results of the testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 and in paragraph 2 prove that the product in question complies with the conditions in the product specification and possesses all the appropriate characteristics of the designation of origin or geographical indication concerned;

(b) the checks carried out in accordance with paragraph 3 confirm that the other conditions listed in the product specification are met.

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.

Article 20

Analytical and organoleptic testing

The analytical and organoleptic testing referred to in points (a) and (b) of the first subparagraph of paragraph 1 of Article 19 shall consist of:

(a) a physical and chemical analysis of the wine in question, measuring the following characteristic properties: (i) total and actual alcoholic strength, (ii) total sugars expressed in terms of fructose and glucose (including any sucrose, in the case of semi-sparkling and sparkling wines), (iii) total acidity, (iv) volatile acidity, (v) total sulphur dioxide;

(b) an additional analysis of the wine in question, measuring the following characteristic properties: (i) carbon dioxide (semi-sparkling and sparkling wines, excess pressure in bar at 20 °C), (ii) any other characteristic properties provided for in Member States legislation or product specifications of protected designations of origin and geographical indications concerned;

(c) an organoleptic test covering visual appearance, odour and taste.

CHAPTER III

TRADITIONAL TERMS

SECTION 1

Applications for protection

Article 21

Application for protection

SECTION 2

Objection procedure

Article 22

Submission of an objection

Article 23

Documents supporting an objection

If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:

(a) proof of the filing or the registration of the earlier trade mark or proof of its use; and

(b) proof of its reputation and renown.

The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.

Article 24

Submission of observations by the parties

SECTION 3

Protection of traditional terms

Article 25

Registration

Upon the entry into force of a decision conferring protection over a traditional term, the Commission shall record the following data in the electronic register of protected traditional terms:

(a) the name to be protected as a traditional term;

(b) the type of traditional term according to Article 112 of Regulation (EU) No 1308/2013;

(c) the language referred to in Article 24 of Delegated Regulation (EU) 2019/33;

(d) the grapevine product category or categories concerned by the protection;

(e) a reference to the national legislation of the Member State or third country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in the third country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;

(f) a summary of the definition or conditions of use;

(g) the name of the country or countries of origin;

(h) the date of inclusion in the register.

Article 26

Enforcement of the protection

For the purposes of the application of Article 113 of Regulation (EU) No 1308/2013, where there is unlawful use of protected traditional terms, competent national authorities, on their own initiative or at the request of a party, shall take all measures to prevent or stop the marketing, including any export, of the products in question.

SECTION 4

Modification and cancellation

Article 27

Modification request

Article 28

Cancellation request

A request to cancel the protection of a traditional term shall contain:

(a) the reference to the traditional term it refers to;

(b) the name and contact details of the natural or legal person seeking cancellation;

(c) a description of the legitimate interest of the natural or legal person that lodged the cancelation request;

(d) an indication of the grounds for cancellation, referred to in Article 36 of Delegated Regulation (EU) 2019/33;

(e) the details of the facts, evidence and comments in support of the cancellation request.

It may be accompanied by supporting documents, where relevant.

If the deficiencies are not remedied before the time limit expires, the Commission shall deem the cancellation request inadmissible and shall reject it. The decision deeming the request inadmissible shall be notified to the author of the cancellation request.

Article 29

Scrutiny of a cancellation request

In the course of the examination of a cancellation request, the Commission shall invite the parties to submit comments on the communications received from the other parties within a period of two months from the issuance date of such request.

The decision to cancel the protection of the traditional term shall be notified to the author of the cancellation request and to the Member State or the third-country authorities in question.

Where a decision cancelling a traditional term is adopted, cancellation procedures which have been suspended shall be deemed to be closed and the authors of the cancellation requests in question shall be duly informed.

CHAPTER IV

COMMUNICATIONS, PUBLICATION AND FINAL PROVISIONS

Article 30

Communications between the Commission, the Member States, third countries and other operators

Article 31

Submission and receipt of communications

It shall attribute a file number to each new application for protection, for a Union amendment, communications concerning applications for standard amendments and communications concerning applications for temporary amendments.

The confirmation of receipt shall include at least the following elements:

(a) the file number;

(b) the name concerned;

(c) the date of receipt.

The Commission shall notify and make available information and remarks regarding such communications and submission via electronic mail.

Article 33

Publication of the decision

Decisions conferring or rejecting protection and decisions approving or rejecting modifications, as referred to in Chapter III, shall be published in the Official Journal of the European Union, L series.

Article 34

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX VIII

APPLICATION FOR PROTECTION OF A TRADITIONAL TERM

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of the application …

File number …

[to be completed by the Commission]

Applicant

Competent authority of the Member State (*)

Competent authority of the third country (*)

Representative professional organisation (*)

[() delete as appropriate]*

Address (street number and name, town/city and postal code, country) …

Legal entity (to be completed for representative professional organisations) …

Nationality …

Telephone, fax, email …

Traditional term for which the protection is requested …

Traditional term under Article 112(a) of Regulation (EU) No 1308/2013 (*)

Traditional term under Article 112(b) of Regulation (EU) No 1308/2013 (*)

[() delete as appropriate]*

Language …

List of protected designations of origin or geographical indications concerned …

Grapevine products categories …

Definition …

Copy of the rules

[to be attached]

Name of the signatory …

Signature …

ANNEX IX

OBJECTION TO AN APPLICATION FOR THE PROTECTION OF A TRADITIONAL TERM

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of the objection …

File number …

[to be completed by the Commission]

Traditional term objected to …

Objector

Name of the objector (Member State or third country, or any legal or natural person having a legitimate interest)

Full address (street number and name, town/city and postal code, country) …

Nationality …

Telephone, fax, email …

Intermediary

— Member State(s) (*)

— Third-country authority (optional) (*)

[() delete as appropriate]*

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Prior rights

— Protected designation of origin (*)

— Protected geographical indication (*)

— National geographical indication () [() delete as appropriate] Name … Registration number … Date of registration (DD/MM/YYYY) …

— Trademark Sign … List of products and services … Registration number … Date of registration … Country of origin … Reputation/renown () … [() delete as appropriate]

Grounds for objection

— Article 27 of Delegated Regulation (*)

— Article 32(2) of Delegated Regulation (*)

— Article 33(1) of Delegated Regulation (*)

— Article 33(2) of Delegated Regulation (*)

[() delete as appropriate]*

Explanation of ground(s) …

[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].

Name of signatory …

Signature …

ANNEX X

MODIFICATION REQUEST CONCERNING A TRADITIONAL TERM

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of request of modification …

File number …

[to be completed by the Commission]

Traditional term for which the modification is requested …

Name of the legal or natural person requesting the modification …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Telephone, fax, email …

Description of the modification …

Explanation of grounds for modification

[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the modification].

Name of signatory …

Signature …

ANNEX XI

CANCELLATION REQUEST CONCERNING A TRADITIONAL TERM

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of request of cancellation …

File number …

[to be completed by the Commission]

Traditional term for which the cancellation is requested …

Author of the cancellation request

Name of the legal or natural person requesting the cancellation …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Tel., fax, email …

Legitimate interest of the author of the request …

Grounds for cancellation

— Article 27 of Delegated Regulation (*)

— Article 32(2) of Delegated Regulation (*)

— Article 33(1) of Delegated Regulation (*)

— Article 33(2) of Delegated Regulation (*)

— Article 36(b) of Delegated Regulation (*)

[() delete as appropriate]*

Explanation of ground(s) for cancellation …