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regulation explains that the use, regulation and protection of certain terms
(other than designations of origin and GIs) to describe wine sector products is a
long-established practice in the Community. The Recital continues that such
traditional terms evoke in the minds of consumers a production or ageing
method or a quality, colour or type of place or a particular event linked to the
history of the wine and that so as to ensure fair competition and avoid
misleading consumers, a common framework should be laid down regarding
the definition, recognition, protection and use of such traditional terms.
3. Applicants for traditional terms
Article 29(1) of Regulation No 607/2009 provides that the competent author-
ities of Member States or third countries or representative professional organ-
isations established in third countries may submit to the Commission an
application for protection of traditional terms within the meaning of Art 54(1)
of the Wine Regulation.
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Article 29(2) of Regulation No 607/2009 defines 'representative professional
organisation' to mean:
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any producer organisation or association of producer organisations having adopted the
same rules, operating in a given or more wine designation of origin or geographical
indication area(s) where it includes in its membership at least two thirds of the
producers in the designation of origin or geographical indication area(s) in which it
operates and accounts for at least two thirds of that areas' production.
Article 29(2) of Regulation No 607/2009 provides that a representative profes-
sional organisation may lodge an application for protection only for wines
which it produces.
4. Application for protection of traditional terms
Article 30(1) of Regulation No 607/2009 provides that the application for
protection of a traditional term shall conform to the model set out in Annex VII
and shall be accompanied by a copy of the rules regulating the use of the term
concerned.
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Commission Regulation (EU) No 538/2011 of 1 June 2011 49 amends Art 30(2)
of Regulation No 607/2009 to provide that in case of an application filed by a
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49
Commission Regulation (EU) No 538/2011 of 1 June 2011, amending Regulation (EC) No 607/2009 laying
down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards
 
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