CHAPTER IIITRADITIONAL TERMS

SECTION 4Protection

Article 40General protection

1.If an application satisfies the conditions laid down in Article 54(1) of Regulation (EC) No 479/2008 and in Articles 31 and 35 and is not rejected under Articles 38 and 39, the traditional term shall be listed in Annex XII to this Regulation.

2.The traditional terms listed in Annex XII, are protected only in the language and for the categories of grapevine 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.