Regulation 2009/607 - Detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products - Main contents
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official title
Commission regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/607 |
| CELEX number i | 32009R0607 |
| Document | 14-07-2009 |
|---|---|
| Publication in Official Journal | 24-07-2009; OJ L 193, 24.7.2009,Special edition in Croatian: Chapter 03 Volume 022 |
| Effect | 31-07-2009; Entry into force Date pub. + 7 See ART17 01-08-2009; Application See Art 17 |
| End of validity | 13-01-2019; Repealed by 32019R0033 |
24.7.2009 |
EN |
Official Journal of the European Union |
L 193/60 |
COMMISSION REGULATION (EC) No 607/2009
of 14 July 2009
laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Articles 52, 56, 63 and 126(a) thereof,
Whereas:
(1) |
Chapter IV of Title III of Regulation (EC) No 479/2008 lays down the general rules for protecting the designations of origin and geographical indications of certain wine sector products. |
(2) |
To ensure that Community-registered designations of origin and geographical indications meet the conditions laid down in Regulation (EC) No 479/2008, applications should be examined by the national authorities of the Member State concerned, in the context of a preliminary national objection procedure. Subsequent checks should be carried out to ensure that applications meet the conditions laid down by this Regulation, that the approach is uniform across the Member States and that registrations of designations of origin and geographical indications do not harm third parties. Consequently, the detailed implementing rules on application, examination, objection and cancellation procedures for the designations of origin and geographical indications of certain wine sector products should be established. |
(3) |
The conditions in which a natural or legal person may apply for registration should be defined. Particular attention should be paid to defining the area concerned, taking into account the production zone and the characteristics of the product. Any producer established in the demarcated geographical area should be able to use the registered name provided the conditions laid down in the product specification are met. The demarcation of the area should be detailed, precise and unambiguous so that producers, the competent authorities and the control bodies can ascertain whether operations are being carried out within the demarcated geographical area. |
(4) |
Specific rules should be established concerning the registration of designations of origin and geographical indications. |
(5) |
The fact of restricting the packaging of a wine sector product with a designation of origin or a geographical indication, or operations connected with the presentation of the product, to a defined geographical area constitutes a restriction on the free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice, such restrictions may be imposed only if they are necessary, proportionate and suitable to protecting the reputation of the designation of origin or geographical indication. Any restriction should be duly justified from the point of view of the free movement of goods and the freedom to provide services. |
(6) |
Provisions should be made concerning the condition relating to the production in the demarcated area. Indeed, a limited number of derogations exists in the Community. |
(7) |
The details bearing out the link with the characteristics of the geographical area and their influence on the final product should also be defined. |
(8) |
Entry in a Community register of designations of origin and geographical indications should also provide those involved in the trade and consumers with... |
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