CHAPTER V

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Wine names protected under Regulation (EC) No 1493/1999
Article 71
1
The Commission shall mark any document received from the Member States under Article 51(2) of Regulation (EC) No 479/2008, concerning a designation of origin or geographical indication as referred to in Article 51(3) of that Regulation, with the date of receipt and file number.
The Member State concerned shall receive an acknowledgement of receipt indicating at least:
a
the file number;
b
the number of documents received; and
c
the date of receipt of the documents.
The date of submission to the Commission shall be the date on which the documents are entered in the Commission's mail registry.
2
Any decision to cancel a designation of origin or geographical indication concerned in accordance with Article 51(4) of Regulation (EC) No 479/2008 shall be taken by the Commission on the basis of the documents available to it under Article 51(2) of that Regulation.
3
By way of derogation from Article 2(2) of this Regulation, in respect of the transmission of the technical files as referred to in point (a) of Article 118s(2) of Regulation (EC) No 1234/2007 the authorities of the Member States may be considered as applicants for the purpose of the application of point (b) of Article 118c(1) of that Regulation.

Temporary labelling
Article 72
1
By way of derogation from Article 65 of this Regulation, wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication concerned meet the requirements as referred to in Article 38(5) of Regulation (EC) No 479/2008, shall be labelled in accordance with the provisions laid down in Chapter IV of this Regulation.
2
Where the Commission decides not to confer protection to a designation of origin or geographical indication pursuant to Article 41 of Regulation (EC) No 479/2008, wines labelled in accordance with paragraph 1 of this Article shall be withdrawn from the market or re-labelled in accordance with Chapter IV of this Regulation.

Transitional provisions
Article 73
1
Wine names recognised by Member States as designation of origin or geographical indication by 1 August 2009, which have not been published by the Commission under Article 54(5) of Regulation (EC) No 1493/1999 or Article 28 of Regulation (EC) No 753/2002, shall be subject to the procedure provided for in Article 51(1) of Regulation (EC) No 479/2008.
2
Any amendment to the product specification referred to wine names protected pursuant to Article 51(1) of Regulation (EC) No 479/2008, or wine names not protected pursuant to Article 51(1) of Regulation (EC) No 479/2008, which has been filed with the Member State at the latest on 1 August 2009, shall be subject to the procedure referred to in Article 51(1) of Regulation (EC) No 479/2008 provided that there is an approval decision by the Member State and a technical file as provided for in Article 35(1) of Regulation (EC) No 479/2008 communicated to the Commission at the latest on 31 December 2011.
3
Member States which have not introduced the laws, regulation, or administrative provisions necessary to comply with Article 38 of Regulation (EC) No 479/2008 by 1 August 2009, shall do it by 1 August 2010. In the meantime, Articles 9, 10, 11 and 12 apply mutadis mutandis as ‘preliminary national procedure’ referred to in Article 38 of Regulation (EC) No 479/2008 in the Member States concerned.
4
Wines placed on the market or labelled before 31 December 2010, that comply with the relevant provisions applicable before 1 August 2009 may be marketed until stocks are exhausted.

Repeal
Article 74
Regulations (EC) No 1607/2000 and (EC) No 753/2002 are hereby repealed.

Entry into force
Article 75
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 August 2009.
Inserted by Commission Regulation (EU) No 538/2011 of 1 June 2011 amending Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products.