Geography Reference
In-Depth Information
3.328
Recital (61) indicates that the registration procedure for PDOs, PGIs and
TSGs, including the scrutiny and the opposition periods, should be shortened
and improved, in particular as regards decision making. The Commission, in
certain circumstances acting with the assistance of Member States, should be
responsible for decision making on registration. Procedures should be laid down
to allow the amendment of product specifications after registration and the
cancellation of registered names, in particular if the product no longer complies
with the corresponding product specification or if a name is no longer used in
the market place.
3.329
Recital (62) indicates that in order to facilitate cross-border applications for
joint registration of PDOs, PGIs or TSGs, provision should be made for
appropriate procedures.
13. Eligible applicants
3.330
Article 49(1) provides that applications for registration of names under the
quality schemes referred to in Art 48 may only be submitted by groups who
work with the products with the name to be registered. In the case of a
'protected designations of origin' or 'protected geographical indications' name
that designates a trans-border geographical area or in the case of a 'traditional
specialities guaranteed' name, several groups from different Member States or
third countries may lodge a joint application for registration.
3.331
Article 4 of the Draft Delegated Regulation provides that in case of joint
applications as referred to in Art 49(1) 'the related national opposition proced-
ures shall be carried out in all the Member States concerned.'
3.332
Article 49(1) provides that a single natural or legal person may be treated as a
group where it is shown that both of the following conditions are fulfilled:
(a) the person concerned is the only producer willing to submit an application;
(b) with regard to PDOs and PGIs, the defined geographical area possesses character-
istics which differ appreciably from those of neighbouring areas or the characteris-
tics of the product are different from those produced in neighbouring areas.
14. Grounds of opposition
3.333
The grounds of opposition are suggested by the reference in Art 49(2) to
scrutiny by the Member State 'in order to check that it is justified and meets the
conditions of the respective scheme' and by the reference in Art 49(3) to the
obligation of the Member State to examine the admissibility of oppositions to
