Geography Reference
In-Depth Information
(c) meet the requirements referred to in Art 34(1) (a)(i) to (iv);
(d) undergo the procedure conferring protection on designations of origin and GIs laid
down in this Chapter.
4.20
In Case 12-74,
31
which concerned German legislation stating that the appella-
tions 'SEKT' and 'WEINBRAND' shall describe vine products originating in
the Federal Republic of Germany or coming from other countries throughout
the whole of which German was an official language, the Court ruled that an
'area of origin which is defined on the basis either of the extent of national
territory or a linguistic criterion cannot constitute a geographical area within
the meaning referred to above, capable of justifying an indication of origin,
particularly as the products in question may be produced from grapes of
indeterminate origin'.
32
2. Geographical indication
4.21
Article 34(1) provides that for the purposes of the Wine Regulation, the
following definitions shall apply:
(b) 'geographical indication' means an indication referring to a region, a specific place
or, in exceptional cases, a country, used to describe a product referred to in Article
33(1) which complies with the following requirements:
(i) it possesses a specific quality, reputation or other characteristics attributable to
that geographical origin;
(ii) at least 85 % of the grapes used for its production come exclusively from this
geographical area;
(iii) its production takes place in this geographical area;
(iv) it is obtained from vine varieties belonging to
Vitis vinifera or
a cross between
the
Vitis vinifera
species and other species of the genus
Vitis.
3. Production in the demarcated geographical area
(a) 'Production'
Article 5(1) of Commission Regulation (EC) No 607/2009
33
provides that for
the purpose of application of Art 34(1)(a)(iii) and (b)(iii) of the Wine Regu-
lation and of this Article '
production
' covers all the operations involved, from the
harvesting of the grapes to the completion of the wine-making process, with the
exception of any post-production processes.
4.22
31
Commission of the European Communities v The Federal Republic of Germany
[1975] ECR 181.
32
Ibid, at para 8.
33
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, OJ L
193/6, 9 24.7.2009.
