Geography Reference
In-Depth Information
4.55
Article 38(6) required Member States to introduce the laws, regulations or
administrative provisions necessary to comply with this Article by 1 August
2009.
4.56
Article 38(7) provides that where a Member State has no national legislation
concerning the protection of designations of origin and GIs, it may, on a
transitional basis only, grant protection to the name in accordance with the
terms of Chapter IV of the Wine Regulation at national level with effect from
the day the application is lodged with the Commission. Such transitional
national protection shall cease on the date on which a decision on registration or
refusal under this Chapter is taken.
5. Commission examination procedure
4.57
Article 39(1) of Commission Regulation (EC) No 607/2009 requires the
Commission to make public the date of submission of the application for
protection of the designation of origin or GI.
4.58
Article 39(2) requires the Commission to examine whether the applications for
protection referred to in Art 38(5) meet the conditions laid down in Chapter IV
of the Wine Regulation.
4.59
Where the Commission considers that the conditions laid down in Chapter IV
of the Wine Regulation are met, Art 39(3) requires it to publish in the Official
Journal of the European Union the single document referred to in Art 35(1)(d)
and the reference to the publication of the product specification referred to in
Art 38(5).
4.60
Where this is not the case, it shall be decided, in accordance with the procedure
referred to in Art 113(2), to reject the application.
4.61
The details of the Commission examination procedure were considerably
supplemented by Section 2 of Commission Regulation (EC) No 607/2009.
6. Receipt of the application
4.62
Article 9(1) of Commission Regulation (EC) No 607/2009 provides that the
application shall be submitted to the Commission in paper or electronic form.
The date of submission of an application to the Commission shall be the date
on which the application is entered in the Commission's mail registry. This date
is made available to the public by appropriate means.
 
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