Geography Reference
In-Depth Information
(a) any direct or indirect commercial use of a protected name:
(i) by comparable products not complying with the product specification of the
protected name; or
(ii) in so far as such use exploits the reputation of a designation of origin or a GI;
(b) any misuse, imitation or evocation, even if the true origin of the product or service is
indicated or if the protected name is translated or accompanied by an expression
such as 'style', 'type', 'method', 'as produced in', 'imitation', 'flavour', 'like' or similar;
(c) any other false or misleading indication as to the provenance, origin, nature or
essential qualities of the product, on the inner or outer packaging, advertising
material or documents relating to the wine product concerned, and the packing of
the product in a container liable to convey a false impression as to its origin;
(d) any other practice liable to mislead the consumer as to the true origin of the
product.
4.135
Article 45(4) requires Member States to take the steps necessary to stop
unlawful use of protected designations of origin and GIs as referred to in Art
45(2).
2.
Ex officio
action by Member States
4.136
Article 19(2) of Commission Regulation (EC) No 607/2009 provides that in
the event of unlawful use of a PDO or GI, the competent authorities of the
Member States shall on their own initiative, pursuant to Art 45(4) of the Wine
Regulation, or at the request of a party, take the steps necessary to stop such
unlawful use and to prevent any marketing or export of the products at issue.
3. Designation of competent control authority
4.137
Article 47(1) of the Wine Regulation requires Member States to designate the
competent authority or authorities responsible for controls in respect of the
obligations established by this Chapter in accordance with the criteria laid
down in Art 4 of Regulation (EC) No 882/2004.
41
4.138
Article 47(3) of the Wine Regulation requires Member States to inform the
Commission of the competent authority or authorities referred to in Art 47(1).
The Commission shall make their names and addresses public and update them
periodically.
41
Regulation (EC) No 882/2004 of the European Parliament and of the Council 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, OJ L 191, 28.5.2004, p. 1.
