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Commission Delegated Regulation (EU) 2019/33Show full title
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation
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SECTION 4 Cancelling a protected designation of origin or geographical indication
Article 19Cancellation procedure
Requests to cancel a protected designation of origin or geographical indication, as referred to in Article 106 of Regulation (EU) No 1308/2013, shall follow the procedure laid down in Article 94 and Articles 96 to 99 of that Regulation together with provisions of Sections 1, 2 and 4 of Chapter II of this Regulation and of Sections 1, 2, 4 and 5 of Chapter II of Implementing Regulation (EU) 2019/34 mutatis mutandis.
The Commission shall publish the cancellation request referred to in Article 13 of Implementing Regulation (EU) 2019/34 in the Official Journal of the European Union, C series.
Article 20Grounds for cancellation
For the purposes of Article 106 of Regulation (EU) No 1308/2013 compliance with the product specification shall also be deemed not to be ensured where no product bearing the protected name has been placed on the market for at least seven consecutive years.
Article 21Admissibility of cancellation requests
1.For the purpose of Articles 106 of Regulation (EU) No 1308/2013 a substantiated cancellation request shall be admissible where:
(a)the cancellation request complies with the requirements set out in Article 13(1) of Implementing Regulation (EU) 2019/34; and
(b)the cancellation request is based on the grounds referred to in Article 106 of Regulation (EU) No 1308/2013.
2.Where the Commission considers that the cancellation request is not admissible it shall inform the Member State or third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.
3.Substantiated statements of objection to cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name.
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