CHAPTER II

PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
SECTION 1

Application for protection

Applicant
Article 2
1
A single producer may be an applicant within the meaning of Article 37(1) of Regulation (EC) No 479/2008 if it is shown that:
a
the person in question is the only producer in the demarcated geographical area; and
b
where the relevant demarcated geographical area is surrounded by areas with designations of origin or geographical indications, this relevant area possesses features which are substantially different from those of the surrounding demarcated areas or characteristics of the product differ from those of the products obtained in the surrounding demarcated areas.
2
A Member State or third country, or the respective authorities thereof shall not be an applicant within the meaning of Article 37 of Regulation (EC) No 479/2008.

Application for protection
Article 3
An application for protection shall consist of the documents required under Articles 35 or 36 of Regulation (EC) No 479/2008, and an electronic copy of the product specification and the single document.
An application for protection, as well as the single document, shall be drawn up in accordance with the models set out in Annexes I and II respectively to this Regulation.

Name
Article 4
1
The name to be protected shall be registered only in the language(s) used to describe the product in question in the demarcated geographical area.
2
The name shall be registered with its original spelling(s).

Demarcation of the geographical area
Article 5
The area shall be demarcated in a detailed, precise and unambiguous manner.

Production in the demarcated geographical area
Article 6
1
For the purpose of application of Article 34(1)(a)(iii) and (b)(iii) of Regulation (EC) No 479/2008 and of this Article ‘production’ covers all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes.
2
For products with a protected geographical indication, the portion of grapes, of up to 15 %, which may originate outside the demarcated geographical area as provided for in Article 34(1)(b)(ii) of Regulation (EC) No 479/2008, shall come from the Member State or third country concerned in which the demarcated area lies.
3
By way of derogation from Article 34(1)(a)(ii) of Regulation (EC) No 479/2008, Annex III, Part B, paragraph 3 of Commission Regulation (EC) No 606/2009 on wine-making practices and restrictions applies.
4
By way of derogation from Article 34(1)(a)(iii) and (1)(b)(iii) of Regulation (EC) No 479/2008, and on condition that the product specification so provides, a product with a protected designation of origin or geographical indication may be made into wine either:
a
in an area in the immediate proximity of the demarcated area concerned; or
b
in an area located within the same administrative unit or within a neighbouring administrative unit, in conformity with national rules; or
c
in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member State(s) and one or more third country(-ies), a product with a protected designation of origin or geographical indication may be made into wine in an area situated in the immediate proximity of the demarcated area in question.
By way of derogation from Article 34(1)(b)(iii) of Regulation (EC) No 479/2008, and on condition that the product specification so provides, wines with a protected geographical indication may continue to be made into wine beyond the immediate proximity of the demarcated area in question until 31 December 2012.
By way of derogation from Article 34(1)(a)(iii) of Regulation (EC) No 479/2008, and on condition that the product specification so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986.

Link
Article 7
1
The details bearing out the geographical link referred to in Article 35(2)(g) of Regulation (EC) No 479/2008 shall explain to what extent the features of the demarcated geographical area influence the final product.
In case of applications covering different categories of grapevine products, the details bearing out the link shall be demonstrated for each of the grapevine products concerned.
2
In the case of a designation of origin, the product specification shall set out:
a
details of the geographical area, and in particular natural and human factors, relevant to the link;
b
details of the quality or characteristics of the product essentially or exclusively attributable to the geographical environment;
c
a description of the causal interaction between the details referred to in point (a) and those referred to in point (b).
3
In the case of a geographical indication, the product specification shall set out:
a
details of the geographical area relevant to the link;
b
details of the quality, reputation or other specific characteristics of the product attributable to its geographical origin;
c
a description of the causal interaction between the details referred to in point (a) and those referred to in point (b).
4
The product specification for a geographical indication shall state whether it is based on a specific quality or reputation or other characteristics linked to its geographical origin.

Packaging in the demarcated geographical area
Article 8
If a product specification indicates that packaging of the product must take place within the demarcated geographical area or in an area in the immediate proximity of the demarcated area in question, in accordance with a requirement referred to in Article 35(2)(h) of Regulation (EC) No 479/2008, justification for this requirement shall be given in respect of the product concerned.
See page 1 of this Official Journal.