Geography Reference
In-Depth Information
4.49
Article 37(3) permits a joint application 'in the case of a name designating a
trans-border geographical area or a traditional name connected to a transborder
geographical area'.
4. Preliminary national procedure
Article 38(1) provides that applications for protection of a designation of origin
or a GI of wines in accordance with Art 34 originating in the Community shall
be subject to a preliminary national procedure in accordance with Art 38.
4.50
Article 38(2) requires the application for protection to be filed with the
Member State in which territory the designation of origin or GI originates.
4.51
Article 38(3) requires the Member State to examine the application for
protection as to whether it meets the conditions set out in Chapter IV of the
Wine Regulation. This requires the Member State to carry out a national
procedure ensuring adequate publication of the application and providing for a
period of at least two months from the date of publication within which any
natural or legal person having a legitimate interest and established or resident
on its territory may object to the proposed protection by lodging a duly
substantiated statement with the Member State.
4.52
If the Member State considers that the designation of origin or GI does not
meet the relevant requirements, including the eventuality that it is incompatible
with Community law in general, Art 38(4) requires it to reject the application.
4.53
On the other hand, if the Member State considers that the relevant require-
ments are met, Art 38(5) requires the Member State to:
4.54
(a) publish the single document and the product specification at least on the Internet;
and
(b) forward to the Commission an application for protection containing the following
information:
(i)
the name and address of the applicant;
(ii)
the single document referred to in Art 35(1)(d);
(iii)
a declaration by the Member State that it considers that the application
lodged by the applicant meets the conditions of this Regulation;
(iv)
the reference to publication, as referred to in (a).
This information shall be forwarded in one of the official languages of the
Community or accompanied by a certified translation into one of those
languages.
