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Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013 laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

EU Regulation No 716/2013 · Adopted 25 July 2013 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Implementing Regulation (EU) No 716/2013

of 25 July 2013

laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinksf1, and in particular Article 24(3) and Article 27 thereof,

Whereas:

(1)

In order to clarify certain provisions of Regulation (EC) No 110/2008 and to ensure their uniform implementation in the Member States, detailed rules should be adopted, in particular as regards the use of compound terms, allusions, sales denominations and geographical indications for the presentation of spirit drinks.

(2)

According to Article 10(1) and (2) of Regulation (EC) No 110/2008, a spirit drink or another foodstuff may, under certain conditions, bear in its presentation a compound term which includes the name of one of the categories listed in Annex II to Regulation (EC) No 110/2008 or one of the geographical indications listed in Annex III to that Regulation or may bear one or more allusions that include one or more of those categories or geographical indications. In order to ensure the uniform use of compound terms and allusions in Member States, it is necessary to establish detailed rules of their usage for the presentation of spirit drinks and other foodstuffs.

(3)

When reference is made to a certain spirit drink in the presentation of a foodstuff, that spirit drink must fully comply with Regulation (EC) No 110/2008 and not be diluted. It is necessary to clarify the meaning of the term ‘dilution’ when referred to spirit drinks, since certain manufacturing processes should not be considered as dilution.

(4)

To ensure that the conditions for the registration of geographical indications laid down in Regulation (EC) No 110/2008 are met, applications for registration should be examined by the Commission and detailed implementing rules on the application, examination, objection and cancellation procedures for geographical indications of spirit drinks should be established. To ensure a uniform implementation of those rules, models should be drawn up for the application for registration, the technical file, statement of objection, amendment of the technical file and cancellation of a geographical indication.

(5)

In order to facilitate communication between the Commission and Member States and third countries in relation to registered geographical indications, Member States and third countries should communicate to the Commission the main specifications of the technical files of their geographical indications, besides the complete technical files.

(6)

Restrictions concerning the packaging of a spirit drink with a geographical indication, such as the obligation to package the spirit drink in a defined geographical area, constitute restrictions to the free movement of goods and the freedom to provide services. Such restrictions should only be allowed if they are necessary, proportionate and suitable to protect the reputation of the geographical indication.

(7)

A Union symbol for geographical indications of spirit drinks should be established in order to enable the consumer to identify certain spirit drinks the characteristics of which are linked to the origin of the drinks.

(8)

Considering the time needed by the Member States to implement the measures related to the use of compound terms and allusions, the application of those measures should be deferred.

(9)

The measures established in this Regulation are in accordance with the opinion of the Committee for Spirit Drinks,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 39, 13.2.2008, p. 16.

Contents

  1. Chapter I: SUBJECT MATTER AND DEFINITIONS
  2. 1Subject matter
  3. 2Definitions
  4. Chapter II: RULES ON THE USE OF COMPOUND TERMS AND ALLUSIONS
  5. 3Compound terms
  6. 4Allusions
  7. 5Dilution of a spirit drink
  8. Chapter III: GEOGRAPHICAL INDICATIONS
  9. 6Application for the registration of a geographical indication Repealed
  10. 7Trans-border applications Repealed
  11. 8Receipt of the application Repealed
  12. 8aSubmission and receipt of technical files for established geographical indications Repealed
  13. 9Established geographical indications Repealed
  14. 10Packaging in the geographical area concerned Repealed
  15. 11Admissibility of the application Repealed
  16. 12Scrutiny of the conditions of validity Repealed
  17. 13Objection to the registration Repealed
  18. 14Admissibility of an objection Repealed
  19. 15Scrutiny of an objection Repealed
  20. 16Decisions of the Commission Repealed
  21. 17Use of languages Repealed
  22. 18Submission of a request for cancellation Repealed
  23. 19Admissibility of a request for cancellation Repealed
  24. 20Scrutiny of a cancellation Repealed
  25. 21Amendment of the technical file Repealed
  26. 22Use of a Union symbol for registered geographical indications Repealed
  27. Chapter IV: FINAL PROVISIONS
  28. 23Entry into force and application
  29. Signature
  30. Annex IAPPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION
  31. Geographical indication to be registered …
  32. Category of the spirit drink
  33. Applicant
  34. Intermediary
  35. Division
  36. Proof of protection in third country …
  37. Technical file
  38. Annex IITECHNICAL FILE
  39. Geographical indication to be registered …
  40. Category of the spirit drink
  41. Description of the spirit drink
  42. Geographical area concerned
  43. Method for obtaining the spirit drink
  44. Link with the geographical environment or origin
  45. European Union or national/regional provisions
  46. Applicant
  47. Supplement to the geographical indication
  48. Specific labelling rules
  49. Annex IIIREQUEST OF OBJECTION TO A GEOGRAPHICAL INDICATION
  50. Objector
  51. Intermediary
  52. Division
  53. Objected geographical indication …
  54. Prior rights
  55. Division
  56. Division
  57. Grounds for objection
  58. Annex IVREQUEST OF CANCELLATION OF A GEOGRAPHICAL INDICATION
  59. Language of request of cancellation …
  60. Contested geographical indication …
  61. Legitimate interest of the author of the request …
  62. Statement by the Member State or third country …
  63. Grounds for cancellation
  64. Annex VAPPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION
  65. Intermediary
  66. Division
  67. Name of the geographical indication
  68. Specification heading affected by the amendment
  69. Division
  70. Amendment
  71. Division
  72. Explanation of the amendment …
  73. Amended main specifications
  74. Annex VIInformation systems referred to in Article 8a

1Subject matter

This Regulation lays down detailed rules for the implementation of Regulation (EC) No 110/2008 as regards in particular:

  1. (a)

    the use of compound terms and allusions as referred to in Article 10 of Regulation (EC) No 110/2008 in the description, presentation and labelling of a foodstuff;

  2. (b)

    F1...

2Definitions

For the purpose of this Regulation:

  1. (a)

    ‘spirit drink category’ means one of the categories 1 to 46 of Annex II to Regulation (EC) No 110/2008;

  2. (b)

    F1...

  3. (c)

    ‘compound term’ means the combination of a term listed in categories 1 to 46 of Annex II to Regulation (EC) No 110/2008 or a geographical indication of a spirit drink, from which all the alcohol of the final product originates, with:

    1. (i)

      the name of one or more foodstuffs other than those used for the production of that spirit drink in accordance with Annex II to Regulation (EC) No 110/2008, or adjectives deriving from those names; and/or

    2. (ii)

      the term ‘liqueur’;

  4. (d)

    ‘allusion’ means the direct or indirect reference to one or more spirit drink categories or geographical indications, other than the reference in a compound term or list of ingredients referred to in Article 9(9) of Regulation (EC) No 110/2008.

3Compound terms

1.

The term ‘spirit drink’ shall not be part of a compound term describing an alcoholic beverage.

2.

A compound term describing an alcoholic beverage shall not consist of a combination of the term ‘liqueur’ with the name of one of the categories 33 to 40 of Annex II to Regulation (EC) No 110/2008.

3.

A compound term shall not replace the sales denomination of a spirit drink.

4.

The compound term describing an alcoholic beverage shall appear in uniform characters of the same font, size and colour. It shall not be interrupted by any textual or pictorial element which does not form part of it and shall not appear in a larger font size than that of the sales denomination.

4Allusions

The allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. For alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.

5Dilution of a spirit drink

For the purpose of Article 10(2) of Regulation (EC) No 110/2008, the reduction of the alcoholic strength of a spirit drink below the minimum alcoholic strength established for that spirit drink in the corresponding category in Annex II to that Regulation, exclusively by the addition of water, shall be considered as dilution.

6Application for the registration of a geographical indicationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Trans-border applicationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Receipt of the applicationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8aSubmission and receipt of technical files for established geographical indicationsF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Established geographical indicationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Packaging in the geographical area concernedF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Admissibility of the applicationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Scrutiny of the conditions of validityF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Objection to the registrationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Admissibility of an objectionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Scrutiny of an objectionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Decisions of the CommissionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Use of languagesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Submission of a request for cancellationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Admissibility of a request for cancellationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Scrutiny of a cancellationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Amendment of the technical fileF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22Use of a Union symbol for registered geographical indicationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 September 2013. Articles 3 and 4 shall apply from 1 March 2015.

Signature

F1...

Annex IAPPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language used for submission of application …

File number …

[to be completed by the Commission]

Applicant

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Legal status, size and composition (in the case of legal persons) …

Nationality …

Tel., e-mail …

Intermediary

Member State(s) (*)

Third-country authority (*)

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Tel., e-mail …

[(*) delete as appropriate]

Technical file

Number of pages …

Name(s) of signatory(ies) …

Signature(s) …

Annex IITECHNICAL FILE

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language used for submission of application …

File number …

[to be completed by the Commission]

Description of the spirit drink

  • Physical, chemical and/or organoleptic characteristics

  • Specific characteristics (compared to spirit drinks of the same category)

Link with the geographical environment or origin

  • Details of the geographical area or origin relevant to the link

  • Specific characteristics of the spirit drink attributable to the geographical area

Applicant

  • Member State, Third Country or legal/natural person …

  • Full address (street number and name, town/city and postal code, country) …

  • Legal status (in the case of legal persons) …

Annex IIIREQUEST OF OBJECTION TO A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of request of objection …

File number …

[to be completed by the Commission]

Objector

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Tel., e-mail …

Intermediary

Member State(s) (*)

Third-country authority (optional) (*)

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

[(*) delete as appropriate]

Prior rights

Registered geographical indication (*)

National geographical indication (*)

Name …

Registration number …

Date of registration (DD/MM/YYYY) …

Trademark

Sign …

List of products and services …

Registration number …

Date of registration …

Country of origin …

Reputation/renown (*) …

[(*) delete as appropriate]

[(*) delete as appropriate]

Grounds for objection

Name of signatory …

Signature …

Annex IVREQUEST OF CANCELLATION OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Author of request of cancellation …

File number …

[to be completed by the Commission]

Language of request of cancellation …

Name of legal or natural person …

Full address (street number and name, town/city and postal code, country) …

Nationality …

Tel., e-mail …

Grounds for cancellation

Name of signatory …

Signature …

Annex VAPPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION

Date of receipt (DD/MM/YYYY) …

[to be completed by the Commission]

Number of pages (including this page) …

Language of amendment …

File number …

[to be completed by the Commission]

Intermediary

Member State(s) (*) —

Third-country authority (optional) (*)

Name(s) of intermediary(ies) …

Full address(es) (street number and name, town/city and postal code, country) …

Tel., e-mail …

[(*) delete as appropriate]

Specification heading affected by the amendment

Protected name (*)

Description of product (*)

Geographical area (*)

Link (*)

Names and addresses of control authorities (*)

Other (*)

[(*) delete as appropriate]

Amendment

Amendment to the product specification not entailing an amendment of the main specifications (*)

Amendment to the product specification entailing an amendment to the main specifications (*)

[(*) delete as appropriate] —

Amended main specifications

[on separate sheet]

Name of signatory …

Signature …

Annex VIInformation systems referred to in Article 8aF1

In order to obtain instructions on how to access and use the information systems made available by the Commission to the Member States, the competent authorities of Member States shall contact the Commission at the following address:

Functional mailbox: [email protected]