CHAPTER II

PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
SECTION 2

Commission examination procedure

Submission of a trans-border application
Article 10
1
In the case of a trans-border request, a joint application may be submitted for a name designating a trans-border geographical area by more than one group of producers representing that area.
2
Where only Member States are concerned, the preliminary national procedure referred to in Article 38 of Regulation (EC) No 479/2008 applies in all the Member States concerned.
For the purposes of application of Article 38(5) of Regulation (EC) No 479/2008, a trans-border application shall be forwarded to the Commission by one Member State on behalf of the others, and shall include an authorisation from each of the other Member States concerned authorising the Member State forwarding the application to act on its behalf.
3
Where a trans-border application involves only third countries, the application shall be forwarded to the Commission either by one of the applicant groups on behalf of the others or by one of the third countries on behalf of the others and shall include:
a
the elements proving that the conditions laid down in Articles 34 and 35 of Regulation (EC) No 479/2008 are fulfilled;
b
the proof of protection in the third countries concerned; and
c
an authorisation as referred to in paragraph 2 from each of the other third countries concerned.
4
Where a trans-border application involves at least one Member State and at least one third country, the preliminary national procedure referred to in Article 38 of Regulation (EC) No 479/2008 applies in all the Member States concerned. The application shall be forwarded to the Commission by one of the Member States or third countries or by one of the third-country applicant groups and shall include:
a
the elements proving that the conditions laid down in Articles 34 and 35 of Regulation (EC) No 479/2008 are fulfilled;
b
the proof of protection in the third countries concerned; and
c
an authorisation as referred to in paragraph 2 from each of the other Member States or third countries concerned.
5
The Member State, third countries or groups of producers established in third countries which forwards to the Commission a trans-border application as referred to in paragraphs 2, 3 and 4 of this Article, becomes the consignee of any notification or decision issued by the Commission.