Commission Implementing Regulation (EU) 2023/1607 of 30 May 2023 amending Implementing Regulation (EU) 2019/34 as regards the adjustment of certain legal references

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 110(2) thereof,

Whereas:

(1) Regulation (EU) 2021/2117 of the European Parliament and of the Council (2) amended Regulation (EU) No 1308/2013. Articles 96, 97, 98, 105 and 106 of Regulation (EU) No 1308/2013 were amended to include provisions taken from Articles 6, 10, 12, 14, 15 and 20 of Commission Delegated Regulation (EU) 2019/33 (3), which have then been deleted by Commission Delegated Regulation (EU) 2023/1606 (4). Furthermore, following the amendments of Article 97 of Regulation (EU) No 1308/2013 by Regulation (EU) 2021/2117, the provisions set out in paragraph 3 of that Article were moved to paragraph 4.

(2) For the sake of clarity and ease of use for the operators, the references in Commission Implementing Regulation (EU) 2019/34 (5) and in the Annexes thereto to Article 97(3) of Regulation (EU) No 1308/2013 and Article 12(1), (3) and (4), Article 14(1) and (2) and Article 20 of Delegated Regulation (EU) 2019/33 should be adjusted accordingly.

(3) Regulation (EU) 2021/2117 also amended Regulation (EU) No 1308/2013 as regards the content of the product specification and the grounds for cancellation. Detailed requirements for the description of the details bearing out the link in the product specification have been included in Article 94(2), point (g), of Regulation (EU) No 1308/2013. Additional grounds for cancellation have been included in Article 106 of Regulation (EU) No 1308/2013.

(4) As a consequence, for the sake of clarity and legal certainty, the requirements for the description of the details bearing out the link in the product specification provided for in Article 5(2), first subparagraph, of Implementing Regulation (EU) 2019/34 should be deleted. Furthermore, Annex VII to that Implementing Regulation, setting out the form of the cancellation request, should be aligned to Article 106 of Regulation (EU) No 1308/2013 as regards the content of section 4, ‘Grounds for cancellation’.

(5) Implementing Regulation (EU) 2019/34 should therefore be amended accordingly.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2019/34

Implementing Regulation (EU) 2019/34 is amended as follows:

(1) Article 2 is replaced by the following: ‘Article 2 Applications for protection from Member States When forwarding an application for protection to the Commission in accordance with Article 96(5) of Regulation (EU) No 1308/2013, Member States shall include the declaration referred to therein and the electronic reference to the publication of the product specification referred to in Article 97(4) of that Regulation.’

(2) in Article 5, paragraph 2 is replaced by the following: ‘2.   Where an application covers different categories of grapevine products, the details bearing out the link referred to in paragraph 1, point (i), shall be demonstrated for each of the grapevine products concerned.’

(3) in Article 8, paragraphs 2 and 3 are replaced by the following: ‘2.   The period of three months referred to in Article 98(2) of Regulation (EU) No 1308/2013 shall commence on the date on which the invitation to engage in consultations is delivered to the interested parties by electronic means.

(6) Annexes II to VII are amended in accordance with the Annex to this Regulation.

Article 2

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.

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

Done at Brussels, 30 May 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021, amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262).

(3) Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing 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, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (OJ L 9, 11.1.2019, p. 2).

(4) Commission Delegated Regulation (EU) 2023/1606 of 30 May 2023 amending Delegated Regulation (EU) 2019/33 as regards certain provisions on protected denominations of origin and protected geographical indications for wine and on the presentation of compulsory particulars for grapevine products and specific rules for the indication and designation of ingredients for grapevine products, and Delegated Regulation (EU) 2018/273 as regards the certification of imported wine products (see page 6 of this Official Journal).

(5) 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 (OJ L 9, 11.1.2019, p. 46).