CHAPTER IIITRADITIONAL TERMS

SECTION 4Protection

F1Article 40General protection

1.

If a traditional term for which protection is requested meets the conditions set out in Article 118u(1) of Regulation (EC) No 1234/2007 and in Articles 31 and 35 of this Regulation and is not rejected by virtue of Articles 36, 38 and 39 of this Regulation, the traditional term is listed and defined in the ‘ E-Bacchus ’ database, in accordance with Article 118u(2) of Regulation (EC) No 1234/2007 on the basis of the information communicated to the Commission in accordance with Article 70a(1) of this Regulation, mentioning the following:

(a)

the language referred to in Article 31(1);

(b)

the grapevine product category or categories concerned by the protection;

(c)

a reference to the national legislation of the Member State or third country in which the traditional term is defined and regulated, or to the rules applicable to wine producers in the third country, including those originating from representative trade organisations, in the absence of national legislation in those third countries;

(d)

a summary of the definition or conditions of use;

(e)

the name of the country or countries of origin;

(f)

the date of inclusion in the electronic database ‘ E-Bacchus ’ .

2.

The traditional terms listed in the electronic database ‘ E-Bacchus ’ , shall be protected only in the language and for the categories of grape vine products claimed in the application, against:

(a)

any misuse even if the protected term is accompanied by an expression such as ‘ style ’ , ‘ type ’ , ‘ method ’ , ‘ as produced in ’ , ‘ imitation ’ , ‘ flavour ’ , ‘ like ’ or similar;

(b)

any other false or misleading indication as to the nature, characteristics or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to it;

(c)

any other practice liable to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

3.

The traditional terms listed in the electronic database ‘ E-Bacchus ’ shall be made known to the public.