Geography Reference
In-Depth Information
same time as the request for cancellation, the Commission shall inform the
author of the request for cancellation accordingly and shall invite him to remedy
the deficiencies noted within a period of two months. If the deficiencies are not
remedied before the time limit expires, the Commission shall reject the request
as inadmissible. The decision on inadmissibility shall be notified to the author
of the request for cancellation and to the Member State or the third country
authorities or the author of the request for cancellation established in the third
country in question.
iii. Notification
Article 46(4) of Regulation No 607/2009 provides that any request for cancel-
lation that is deemed admissible, including the Commission's own-initiative
cancellation procedure, shall be notified to the Member State or the third
country authorities or the author of the request for cancellation established in
the third country whose traditional term is affected by the cancellation.
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(d) Scrutiny of a cancellation
i. Request for observations
Article 47(1) of Regulation No 607/2009 provides that if the Commission has
not rejected the request for cancellation in accordance with Art 46(3), it shall
communicate the request for cancellation to the Member State or the third
country authorities or the applicant established in the third country in question
and shall invite it to file observations within two months from the issuance date
of such communication. Any observations received within this two-month
period shall be communicated to the author of the request for cancellation.
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In the course of the scrutiny of a cancellation, the Commission shall request the
parties to submit comments on the communications received from the other
parties, if appropriate, within a period of two months from the issuance date of
such request.
ii. Ruling by Commission in absence of observations
Article 47(2) of Regulation No 607/2009 provides that if the Member State or
the third country authorities or the applicant established in the third country in
question or the author of a request for cancellation files no observations in
response, or does not respect the time periods, the Commission gives a ruling
on the cancellation.
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iii. Ruling by Commission on basis of evidence
Article 47(3) of Regulation No 607/2009 provides that any decision to cancel
the traditional term concerned shall be taken by the Commission on the basis of
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