Geography Reference
In-Depth Information
9. Right to use the schemes
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Article 46(1) provides that Member States shall ensure that any operator
complying with the rules of a quality scheme set out in Titles II and III is
entitled to be covered by the verification of compliance established pursuant to
Art 37.
Article 46(2) provides that operators who prepare and store a product marketed
under the TSG, PDO or PGI schemes or who place such products on the
market shall also be subject to the controls laid down in Chapter I of this Title.
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Article 46(2) provides that Member States shall ensure that operators willing to
adhere to the rules of a quality scheme set out in Titles III and IV are able to do
so and do not face obstacles to participation that are discriminatory or other-
wise not objectively founded.
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10. Fees
Article 47 provides that without prejudice to Regulation (EC) No 882/2004
and in particular the provisions of Chapter VI of Title II thereof, Member
States may charge a fee to cover their costs of managing the quality schemes,
including those incurred in processing applications, statements of opposition,
applications for amendments and requests for cancellations provided for in this
Regulation.
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11. Scope of application processes
Article 48 provides that the provisions of Chapter IV: Application and registra-
tion processes for designations of origin, GIs, and TSGs (Arts 49-54) shall
apply in respect of the quality schemes set out in Title II (PDOs and PGIs) and
Title III (TSGs).
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12. Application for registration of names
Recital (58) to the Regulation proposes that to ensure that registered names of
designations of origin and GIs and TSGs meet the conditions laid down by this
Regulation, applications should be examined by the national authorities of the
Member State concerned, in compliance with minimum common provisions,
including a national opposition procedure. The Commission should subse-
quently scrutinise applications to ensure that there are no manifest errors and
that Union law and the interests of stakeholders outside the Member State of
application have been taken into account.
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