Geography Reference
In-Depth Information
the third-country authorities or the representative professional organisation
established in the third country in question and shall invite it to file obser-
vations within two months from the issuance date of such communication. Any
observations received within this two-month period shall be communicated to
the objector.
ii. Request for comments
Article 39(1) of Regulation No 607/2009 provides that in the course of its
scrutiny of an objection, the Commission shall request the parties to submit
comments on the communications received from the other parties, if appropri-
ate, within a period of two months from the issuance date of such request.
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iii. Commission ruling in absence of response
Article 39(2) of Regulation No 607/2009 provides that if the Member State or
the third country authorities or the representative professional organisation
established in the third country in question or the objector file no observations
in response, or do not respect the time periods, the Commission gives a ruling
on the opposition.
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iv. Decision by Commission
Article 39(3) of Regulation No 607/2009 provides that any decision to reject or
recognise the traditional term concerned shall be taken by the Commission on
the basis of the evidence available to it. It shall consider whether the conditions
referred to in Art 40(1), or laid down in Arts 41(3) or 42 are not fulfilled. The
decision on rejection shall be notified to the objector and to the Member State
or the third country authorities or the representative professional organisation
established in the third country in question.
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v. Multiple requests of objection
Article 39(4) of Regulation No 607/2009 provides that in the event of multiple
requests of objection, following a preliminary examination of one or more such
requests of objection, it may not be possible to accept the application for
recognition; in such cases, the Commission may suspend the other objection
procedures. The Commission shall inform the other objectors of any decision
affecting them which was taken in the course of the procedure.
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Where an application is rejected, objection procedures which have been sus-
pended shall be deemed to be closed and the objectors concerned shall be duly
informed.
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