Geography Reference
In-Depth Information
4.11
In relation to third countries Recital (30) suggests that protection should be
open to designations of origin and GIs of third countries where these are
protected in their country of origin and Recital (31) states that the registration
procedure should enable any natural or legal person having a legitimate interest
in a Member State or a third country to exercise his rights by notifying his
objections.
4.12
Recital (32) states that registered designations of origin and GIs should enjoy
protection against 'uses which unduly take advantage of the reputation that
complying products command' and that to promote fair competition and not to
mislead consumers, 'this protection should also affect products and services not
covered by this Regulation, including those not found in Annex I to the Treaty'.
4.13
In relation to amendment of product specifications after protection, and
cancellation of the designation of origin or GI, Recital (33) proposes that
procedures should be provided for these matters to ensure in particular if
compliance with the corresponding product specification is no longer ensured.
4.14
Recital (34) proposes that the designations of origin and GIs protected on
Community territory should be subject to controls, where possible in compli-
ance with Regulation (EC) No 882/2004 of 29 April 2004 on official controls
performed to ensure the verification of compliance with feed and food law,
animal health and animal welfare rules,
29
including a system of checks to ensure
compliance with the product specifications of the wines concerned.
4.15
Finally Recital (36) states that existing designations of origin and GIs in the
Community should for reasons of legal certainty be exempt from the appli-
cation of the new examination procedure. However, the Member States con-
cerned should provide the Commission with the basic information and acts
under which they have been recognised at national level, failing which they
should lose their protection as designations of origin or GIs. 'The scope for
cancellation of existing designations of origin and geographical indications
should be limited for reasons of legal certainty.'
4.16
The objectives of the Wine Regulation, which are outlined in the previous
section, are reflected in Art 33 of the Wine Regulation. This provides in Art
33(1) that the rules relating to designations of origin, GIs and traditional terms
29
OJ L 165, 30.4.2004, p. 1; corrected by OJ L 191, 28.5.2004, p. 1.Regulation as last amended by Council
Regulation (EC) No 301/2008 (OJ L 97, 9.4.2008, p. 85).
