Commission Implementing Regulation (EU) 2021/1236 of 12 May 2021 laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council concerning applications for registration of geographical indications of spirit drinks, the opposition procedure, amendments to product specifications, cancellation of the registration, use of symbol and control
Commission Implementing Regulation (EU) 2021/1236of 12 May 2021laying down rules for the application of Regulation (EU) 2019/787 of the European Parliament and of the Council concerning applications for registration of geographical indications of spirit drinks, the opposition procedure, amendments to product specifications, cancellation of the registration, use of symbol and controlTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008OJ L 130, 17.5.2019, p. 1., and in particular point (c) of the first paragraph of Article 20 and Article 42 thereof,Whereas:(1)Regulation (EU) 2019/787 repealed and replaced Regulation (EC) No 110/2008 of the European Parliament and of the CouncilRegulation (EC) No 110/2008 of the European Parliament and of the Council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 drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).. Chapter III of Regulation (EU) 2019/787 lays down rules on geographical indications in the spirit drinks sector and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the market of spirit drinks in the new legal framework and in particular to simplify and rationalise the functioning of geographical indications system for spirit drinks, certain rules have to be adopted by means of such acts. Those acts should replace part of the provisions of Commission Implementing Regulation (EU) No 716/2013Commission 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 (OJ L 201, 26.7.2013, p. 21)., which is repealed by Commission Delegated Regulation (EU) 2021/1235Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council with rules concerning applications for registration of geographical indications of spirit drinks, amendments to product specifications, cancellation of the registration and the register (See page 1 of this Official Journal)..(2)Regulation (EU) 2019/787 allows several groups from different Member States or third countries to submit a joint application for the registration of geographical indications of spirit drinks. In the interest of clarity, additional rules on the submission of such joint applications concerning more than one national territory should be laid down.(3)In order to ensure that uniform and efficient procedures are in place, rules should be laid down on the required information and forms for submitting applications for registration, applications for approval of Union amendments to a product specification and communications of approved standard and temporary amendments, notices and reasoned statements of opposition, notifications of end of consultation following an opposition procedure and requests for cancellation of a registration.(4)The geographical area of geographical indications for which protection is sought should be described in the product specification in a detailed, precise and unequivocal way that enables producers, competent authorities and control bodies to operate on certain, conclusive and reliable bases. Furthermore, the single document should contain a concise summary of the geographical area.(5)The interests of third parties in a Member State should be protected in case substantial changes to the product specifications submitted with the application are made following the Commission’s observations in the context of the scrutiny carried out under Article 30(1) of Regulation (EU) 2019/787. Such changes should be adequately published at Member State level to enable natural or legal persons having legitimate interest to submit an opposition.(6)For the sake of legal certainty and efficient management of the system, detailed rules concerning requirements and deadlines for the opposition procedure, applications for the approval of Union amendments, communications of approved standard or temporary amendments and cancellation requests should be provided.(7)In accordance with Article 27(1) of Regulation (EU) 2019/787 the Commission is to share a notice of opposition that has been submitted against an application for registration of a geographical indication or an application for approval of a Union amendment or against a cancellation request, with the authority, body or person that submitted the application or request. For reasons of transparency and for the economy of the procedure, that notice should include the name and contact details of the opponent. The applicant would be able to start immediately informal consultation with the potential opponent possibly clarifying the issue before the opponent sends the reasoned statement of opposition.(8)Where a notice of opposition is followed by an admissible reasoned statement of opposition, the Commission is to provide the authority, body or person that submitted the notice of opposition and the authority, body or person that submitted the application for registration or amendment or the cancellation request with their respective contact details, in order to allow the two parties to engage in appropriate consultations in accordance with Article 27(3) of Regulation (EU) 2019/787.(9)The name of the applicant submitting an application for approval of a Union amendment or the name of a natural or legal person making a cancellation request in accordance with Articles 31 or 32 of Regulation (EU) 2019/787 respectively, is to be published in order to identify the persons who have activated the procedure of amendment or cancellation and to allow potential opponents to challenge their legitimate interest.(10)The publication in the Official Journal of the European Union of approved standard and temporary amendments is necessary to make that amendment public and applicable in the territory of the Union in accordance with the new system of competences for amendments referred to in Article 31 of Regulation (EU) 2019/787. The publication of an approved standard amendment referring to a geographical indication originating in a third country which has been notified by a natural or legal person may contain personal data in order to identify the person responsible for transmitting such an amendment.(11)Existing rules on the reproduction of the Union symbol for protected geographical indications for agricultural products and foodstuffs as set out in Commission Implementing Regulation (EU) No 668/2014Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36). should be replicated to enable consumers to recognise spirit drinks bearing a protected geographical indication.(12)The added value of a geographical indication is based on consumer trust. The scheme is only credible if it is accompanied by effective verification, control and auditing which includes a system of checks at all stages of production, processing and distribution, managed by the competent authorities designated by Member States in accordance with Article 43(1) of Regulation (EU) 2019/787 in conjunction with Article 38(2) of that Regulation. For the optimal functioning of the single market, it is important that producers may quickly and easily demonstrate in several contexts that they are authorised to use the protected name, such as in controls by customs officers, market inspections or on demand by trade operators. The system set out by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification.(13)Rules and forms should be established in respect of a proof of certification of spirit drinks bearing a geographical indication relating to a geographical area in a third country.(14)In the interest of effective administrative management and taking account of the experience acquired through the information systems put in place by the Commission, communications between the Member States and the Commission should be simplified and the information should be exchanged in accordance with Commission Delegated Regulation (EU) 2017/1183Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100). and Commission Implementing Regulation (EU) 2017/1185Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113)..(15)The Commission has put in place the information system "e-Ambrosia" for the management of the applications for protection of geographical indications in food, wine, spirit drinks and aromatised wines. Member States and the Commission should continue to use that system in respect of spirit drinks for the purpose of communication concerning the procedures related to applications for registration and for the approval of amendments to the product specification. However, owing to a strict system of accreditation, that system should not be used for communications with Member States concerning the procedure for oppositions and cancellation requests and, pending the requisite digital security guarantees, it should not be used for communications with third countries. Instead, for the procedures for oppositions and cancellation requests, Member States, the competent authorities and producers of third countries, as well as natural or legal persons who have a legitimate interest under Regulation (EU) 2019/787 should communicate with the Commission via electronic mail.(16)The manner in which the Commission makes the information concerning geographical indications in the spirit drinks sector accessible to the public should be defined.(17)The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications of spirit drinks originating in the Union and the procedures concerning the controls, pursuant to Regulation (EU) 2019/787, Delegated Regulation (EU) 2021/1235 and this Regulation are carried out by the Commission and the Member States. The Commission and the Member States are responsible for distinct stages of each type of procedure. Member States are responsible for the first stage, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission is responsible for scrutinising the applications, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication. The Commission also carries out the corresponding procedures for geographical indications originating in third countries.(18)With a view to minimising the exposure of personal data, the documents to be submitted in the course of the relevant procedures should as far as possible avoid requirements for submission of personal data. Nonetheless, the Commission and the Member States may need to process information that contain personal data such as personal names and contact details. In duly justified cases, such data may need to be disclosed or made public.(19)Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). applies to the processing of personal data carried out by the Commission in the course of those procedures. It is appropriate to clarify that the Commission is to be considered controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the procedures for which it is responsible under Regulation (EU) 2019/787.(20)Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). applies to the processing of personal data carried out by Member States in the course of the relevant procedures. Therefore, it is appropriate to clarify that the competent authorities of the Member States are to be considered controllers within the meaning of Regulation (EU) 2016/679 in relation to the processing of personal data in the procedures for which they are responsible under Regulation (EU) 2019/787.(21)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Spirit Drinks,HAS ADOPTED THIS REGULATION: