Commission Implementing Regulation (EU) 2023/1607 of 30 May 2023 amending Implementing Regulation (EU) 2019/34 as regards the adjustment of certain legal references
Commission Implementing Regulation (EU) 2023/1607of 30 May 2023amending Implementing Regulation (EU) 2019/34 as regards the adjustment of certain legal referencesTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 110(2) thereof,Whereas:(1)Regulation (EU) 2021/2117 of the European Parliament and of the CouncilRegulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021, amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262). amended Regulation (EU) No 1308/2013. Articles 96, 97, 98, 105 and 106 of Regulation (EU) No 1308/2013 were amended to include provisions taken from Articles 6, 10, 12, 14, 15 and 20 of Commission Delegated Regulation (EU) 2019/33Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (OJ L 9, 11.1.2019, p. 2)., which have then been deleted by Commission Delegated Regulation (EU) 2023/1606Commission Delegated Regulation (EU) 2023/1606 of 30 May 2023 amending Delegated Regulation (EU) 2019/33 as regards certain provisions on protected denominations of origin and protected geographical indications for wine and on the presentation of compulsory particulars for grapevine products and specific rules for the indication and designation of ingredients for grapevine products, and Delegated Regulation (EU) 2018/273 as regards the certification of imported wine products (see page 6 of this Official Journal).. Furthermore, following the amendments of Article 97 of Regulation (EU) No 1308/2013 by Regulation (EU) 2021/2117, the provisions set out in paragraph 3 of that Article were moved to paragraph 4.(2)For the sake of clarity and ease of use for the operators, the references in Commission Implementing Regulation (EU) 2019/34Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks (OJ L 9, 11.1.2019, p. 46). and in the Annexes thereto to Article 97(3) of Regulation (EU) No 1308/2013 and Article 12(1), (3) and (4), Article 14(1) and (2) and Article 20 of Delegated Regulation (EU) 2019/33 should be adjusted accordingly.(3)Regulation (EU) 2021/2117 also amended Regulation (EU) No 1308/2013 as regards the content of the product specification and the grounds for cancellation. Detailed requirements for the description of the details bearing out the link in the product specification have been included in Article 94(2), point (g), of Regulation (EU) No 1308/2013. Additional grounds for cancellation have been included in Article 106 of Regulation (EU) No 1308/2013.(4)As a consequence, for the sake of clarity and legal certainty, the requirements for the description of the details bearing out the link in the product specification provided for in Article 5(2), first subparagraph, of Implementing Regulation (EU) 2019/34 should be deleted. Furthermore, Annex VII to that Implementing Regulation, setting out the form of the cancellation request, should be aligned to Article 106 of Regulation (EU) No 1308/2013 as regards the content of section 4, "Grounds for cancellation".(5)Implementing Regulation (EU) 2019/34 should therefore be amended accordingly.(6)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION: