Commission Implementing Regulation (EU) No 716/2013Dangos y teitl llawn

Commission Implementing Regulation (EU) No 716/2013

of 25 July 2013

laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks(1), and in particular Article 24(3) and Article 27 thereof,

Whereas:

(1) In order to clarify certain provisions of Regulation (EC) No 110/2008 and to ensure their uniform implementation in the Member States, detailed rules should be adopted, in particular as regards the use of compound terms, allusions, sales denominations and geographical indications for the presentation of spirit drinks.

(2) According to Article 10(1) and (2) of Regulation (EC) No 110/2008, a spirit drink or another foodstuff may, under certain conditions, bear in its presentation a compound term which includes the name of one of the categories listed in Annex II to Regulation (EC) No 110/2008 or one of the geographical indications listed in Annex III to that Regulation or may bear one or more allusions that include one or more of those categories or geographical indications. In order to ensure the uniform use of compound terms and allusions in Member States, it is necessary to establish detailed rules of their usage for the presentation of spirit drinks and other foodstuffs.

(3) When reference is made to a certain spirit drink in the presentation of a foodstuff, that spirit drink must fully comply with Regulation (EC) No 110/2008 and not be diluted. It is necessary to clarify the meaning of the term ‘dilution’ when referred to spirit drinks, since certain manufacturing processes should not be considered as dilution.

(4) To ensure that the conditions for the registration of geographical indications laid down in Regulation (EC) No 110/2008 are met, applications for registration should be examined by the Commission and detailed implementing rules on the application, examination, objection and cancellation procedures for geographical indications of spirit drinks should be established. To ensure a uniform implementation of those rules, models should be drawn up for the application for registration, the technical file, statement of objection, amendment of the technical file and cancellation of a geographical indication.

(5) In order to facilitate communication between the Commission and Member States and third countries in relation to registered geographical indications, Member States and third countries should communicate to the Commission the main specifications of the technical files of their geographical indications, besides the complete technical files.

(6) Restrictions concerning the packaging of a spirit drink with a geographical indication, such as the obligation to package the spirit drink in a defined geographical area, constitute restrictions to the free movement of goods and the freedom to provide services. Such restrictions should only be allowed if they are necessary, proportionate and suitable to protect the reputation of the geographical indication.

(7) A Union symbol for geographical indications of spirit drinks should be established in order to enable the consumer to identify certain spirit drinks the characteristics of which are linked to the origin of the drinks.

(8) Considering the time needed by the Member States to implement the measures related to the use of compound terms and allusions, the application of those measures should be deferred.

(9) The measures established in this Regulation are in accordance with the opinion of the Committee for Spirit Drinks,

HAS ADOPTED THIS REGULATION:

CHAPTER I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation lays down detailed rules for the implementation of Regulation (EC) No 110/2008 as regards in particular:

(a)

the use of compound terms and allusions as referred to in Article 10 of Regulation (EC) No 110/2008 in the description, presentation and labelling of a foodstuff;

(b)

F1 ...

Textual Amendments

F1 Art. 1(b) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(2)

Article 2 U.K. Definitions

For the purpose of this Regulation:

(a)

‘spirit drink category’ means one of the categories 1 to 46 of Annex II to Regulation (EC) No 110/2008;

(b)

F2 ...

(c)

‘compound term’ means the combination of a term listed in categories 1 to 46 of Annex II to Regulation (EC) No 110/2008 or a geographical indication of a spirit drink, from which all the alcohol of the final product originates, with:

(i)

the name of one or more foodstuffs other than those used for the production of that spirit drink in accordance with Annex II to Regulation (EC) No 110/2008, or adjectives deriving from those names; and/or

(ii)

the term ‘liqueur’;

(d)

‘allusion’ means the direct or indirect reference to one or more spirit drink categories or geographical indications, other than the reference in a compound term or list of ingredients referred to in Article 9(9) of Regulation (EC) No 110/2008.

Textual Amendments

F2 Art. 2(b) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(3)

CHAPTER II U.K. RULES ON THE USE OF COMPOUND TERMS AND ALLUSIONS

Article 3 U.K. Compound terms

1. The term ‘spirit drink’ shall not be part of a compound term describing an alcoholic beverage.

2. A compound term describing an alcoholic beverage shall not consist of a combination of the term ‘liqueur’ with the name of one of the categories 33 to 40 of Annex II to Regulation (EC) No 110/2008.

3. A compound term shall not replace the sales denomination of a spirit drink.

4. The compound term describing an alcoholic beverage shall appear in uniform characters of the same font, size and colour. It shall not be interrupted by any textual or pictorial element which does not form part of it and shall not appear in a larger font size than that of the sales denomination.

Article 4 U.K. Allusions

The allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. For alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.

Article 5 U.K. Dilution of a spirit drink

For the purpose of Article 10(2) of Regulation (EC) No 110/2008, the reduction of the alcoholic strength of a spirit drink below the minimum alcoholic strength established for that spirit drink in the corresponding category in Annex II to that Regulation, exclusively by the addition of water, shall be considered as dilution.

CHAPTER III U.K. GEOGRAPHICAL INDICATIONS

F3 Article 6 U.K. Application for the registration of a geographical indication

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 7 U.K. Trans-border applications

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 8 U.K. Receipt of the application

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 [F4 Article 8a] U.K. Submission and receipt of technical files for established geographical indications

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F4 Inserted by Commission Implementing Regulation (EU) No 1239/2014 of 19 November 2014 amending Regulation (EU) No 716/2013 laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks.

F3 Article 9 U.K. Established geographical indications

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 10 U.K. Packaging in the geographical area concerned

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 11 U.K. Admissibility of the application

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 12 U.K. Scrutiny of the conditions of validity

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 13 U.K. Objection to the registration

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 14 U.K. Admissibility of an objection

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 15 U.K. Scrutiny of an objection

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 16 U.K. Decisions of the Commission

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 17 U.K. Use of languages

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 18 U.K. Submission of a request for cancellation

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 19 U.K. Admissibility of a request for cancellation

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 20 U.K. Scrutiny of a cancellation

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 21 U.K. Amendment of the technical file

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

F3 Article 22 U.K. Use of a Union symbol for registered geographical indications

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Textual Amendments

F3 Arts. 6-22 omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), regs. 1(3), 5(4)

CHAPTER IV U.K. FINAL PROVISIONS

Article 23 U.K. Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 September 2013. Articles 3 and 4 shall apply from 1 March 2015.

F5 ...

Textual Amendments

F5 Words in Signature omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 19

ANNEX I U.K. APPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language used for submission of application …

File number …

[to be completed by the Commission]

Geographical indication to be registered … U.K.

Category of the spirit drink U.K.

Applicant U.K.

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Legal status, size and composition (in the case of legal persons) …

Nationality …

Tel., e-mail …

Intermediary U.K.

Member State(s) (*)

Third-country authority (*)

[(*) delete as appropriate] U.K.

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Tel., e-mail …

Proof of protection in third country … U.K.

Technical file U.K.

Number of pages …

Name(s) of signatory(ies) …

Signature(s) …

ANNEX II U.K. TECHNICAL FILE

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language used for submission of application …

File number …

[to be completed by the Commission]

Geographical indication to be registered … U.K.

Category of the spirit drink U.K.

Description of the spirit drink U.K.

• Physical, chemical and/or organoleptic characteristics

• Specific characteristics (compared to spirit drinks of the same category)

Geographical area concerned U.K.

Method for obtaining the spirit drink U.K.

Link with the geographical environment or origin U.K.

• Details of the geographical area or origin relevant to the link

• Specific characteristics of the spirit drink attributable to the geographical area

European Union or national/regional provisions U.K.

Applicant U.K.

• Member State, Third Country or legal/natural person …

• Full address (street number and name, town/city and postal code, country) …

• Legal status (in the case of legal persons) …

Supplement to the geographical indication U.K.

Specific labelling rules U.K.

ANNEX III U.K. REQUEST OF OBJECTION TO A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of request of objection …

File number …

[to be completed by the Commission]

Objector U.K.

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Tel., e-mail …

Intermediary U.K.

Member State(s) (*)

Third-country authority (optional) (*)

[(*) delete as appropriate] U.K.

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Objected geographical indication … U.K.

Prior rights U.K.

Registered geographical indication (*)

National geographical indication (*)

[(*) delete as appropriate] U.K.

Name …

Registration number …

Date of registration (DD/MM/YYYY) …

Trademark

Sign …

List of products and services …

Registration number …

Date of registration …

Country of origin …

Reputation/renown (*) …

[(*) delete as appropriate] U.K.

Grounds for objection U.K.

Name of signatory …

Signature …

ANNEX IV U.K. REQUEST OF CANCELLATION OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Author of request of cancellation …

File number …

[to be completed by the Commission]

Language of request of cancellation … U.K.

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Tel., e-mail …

Contested geographical indication … U.K.

Legitimate interest of the author of the request … U.K.

Statement by the Member State or third country … U.K.

Grounds for cancellation U.K.

Name of signatory …

Signature …

ANNEX V U.K. APPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of amendment …

File number …

[to be completed by the Commission]

Intermediary U.K.

Member State(s) (*) —

Third-country authority (optional) (*)

[(*) delete as appropriate] U.K.

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Tel., e-mail …

Name of the geographical indication U.K.

Specification heading affected by the amendment U.K.

Protected name (*)

Description of product (*)

Geographical area (*)

Link (*)

Names and addresses of control authorities (*)

Other (*)

[(*) delete as appropriate] U.K.

Amendment U.K.

Amendment to the product specification not entailing an amendment of the main specifications (*)

Amendment to the product specification entailing an amendment to the main specifications (*)

[(*) delete as appropriate] — U.K.

Explanation of the amendment … U.K.

Amended main specifications U.K.

[on separate sheet]

Name of signatory …

Signature …

[F4 ANNEX VI U.K. Information systems referred to in Article 8a

In order to obtain instructions on how to access and use the information systems made available by the Commission to the Member States, the competent authorities of Member States shall contact the Commission at the following address:

Functional mailbox: [e-mail]]

(1)

OJ L 39, 13.2.2008, p. 16.