in force 2024-05-13 MODIFIED+1,405 −304§
Amended by Regulation (EU) 2024/1143 32024R1143
applies from: unchanged
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
Paragraph 1 now refers only to the unlawful use of protected traditional terms, removing the earlier reference to protected designations of origin and protected geographical indications.
Paragraph 2 changes the competent authority's role from carrying out checks on obligations under this Section to verifying compliance with product specifications for designations of origin and geographical indications and verifying conformity with, and enforcing, the definition and conditions of use of traditional terms.
Paragraph 3 adds a duty to verify conformity with the definition in Article 112 and, where relevant, the conditions of use of traditional terms under Article 115(3), and adds new text on operator notification and on Member States keeping an up-to-date list of operators, while paragraph 4's points (b) through (d) are reworded to refer to protected designations of origin, protected geographical indications, traditional terms and verification of compliance with the product specification rather than the earlier broader wording.
Cited: Art. 116a, v1 · Art. 116a, v2
text before / after
02013R1308-20231208 → 02013R1308-20240513
Article 116a
Checks
1. Member States shall take the necessary steps to stop the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms referred to in this Regulation.
2. Member States shall designate the competent authority responsible for carrying out checks in respect verifying compliance with product specifications related to designations of origin and geographical indications and to verify conformity with the definition and conditions of use of traditional terms, as well as for the enforcement of the obligations laid down in this Section. conditions for use of traditional terms. To that end, Article 4(2) and (4) and Article 5(1), (4) and (5) of Regulation (EU) 2017/625 of the European Parliament and of the Council
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on 2017on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1). shall apply.
3. Within the Union, the competent authority referred to in paragraph 2 of this Article or one or more delegated bodies within the meaning of as defined in Article 3, point (5), of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Title II, Chapter III, of that Regulation, shall verify compliance with the product specifications annually, both during the wine production and during or after conditioning. conditioning, and shall verify conformity with the definition provided for in Article 112 of this Regulation and, where relevant, the conditions of use of the traditional term as referred to in Article 115(3) of this Regulation.
Each operator wishing to participate in any activity covered by the product specification of a product designated by a designation of origin or a geographical indication shall notify the competent authority or delegated bodies referred to in the first subparagraph. Member States shall draw up and keep up-to-date a list of operators who perform activities subject to one or more obligations provided for in the product specification of a designation of origin or geographical indication entered in the Union register of geographical indications originating in their territory.
4. The Commission shall adopt implementing acts concerning the following: concerning:
(a) the communication to be made by the Member States to the Commission;
(b) rules governing the authority responsible for verifying compliance with product specifications, specifications related to protected designations of origin and protected geographical indications, including where the geographical area is in a third country; country, and for verifying conformity with the definition provided for in Article 112 and, where relevant, the conditions of use of traditional terms;
(c) the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms;
(d) the checks and for verification of compliance with the product specification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).