Geography Reference
In-Depth Information
a third country or a natural or legal person having a legitimate interest in
accordance with the form set out in Annex IX. The request for cancellation shall
be submitted to the Commission in paper or electronic form. The date of
submission of the request for cancellation to the Commission is the date on
which the request is entered in the Commission's mail registry. This date shall
be made available to the public by appropriate means.
Article 45(2) of Regulation No 607/2009 requires the Commission to mark the
documents making up the request for cancellation with the date of receipt and
the file number allocated to the request for cancellation.
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The author of the request for cancellation shall receive an acknowledgement of
receipt indicating at least:
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(a) the file number;
(b) the number of pages received; and
(c) the date of receipt of the request.
Article 45(3) of Regulation No 607/2009 provides that Art 45(1) and (2) does
not apply when the cancellation is initiated by the Commission.
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(c) Admissibility
i. Contents of application
Article 46(1) of Regulation No 607/2009 provides that for the purposes of
determining whether a request for cancellation is admissible, the Commission
shall verify that the request:
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(a) mentions the legitimate interest of the author of the request for cancellation;
(b) identifies the ground(s) for cancellation; and
(c) refers to a statement from the Member State or third country where the residence
or registered office of the author of the request is located explaining the legitimate
interest, reasons and justification of the author of the cancellation.
Article 46(2) of Regulation No 607/2009 provides that any request for cancel-
lation shall contain details of the facts, evidence and comments submitted in
support of the cancellation, accompanied by the relevant supporting docu-
ments.
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ii. Failure to provide information
Article 46(3) of Regulation No 607/2009 provides that if detailed information
concerning the grounds, facts, evidence and comments, as well as the support-
ing documents referred to in Art 46(1) and (2), have not been produced at the
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