SECTION 7Conversion into a geographical indication
Article 28Request
1.A Member State or third country authority or the applicant established in the third country in question may request the conversion of a protected designation of origin into a protected geographical indication if the compliance with the product specification of a protected designation of origin is no longer possible or can no longer be guaranteed.
The request for conversion submitted to the Commission shall be drawn up in accordance with the model set out in Annex VI to this Regulation. The request for conversion shall be submitted to the Commission in paper or electronic form. The date of submission of the request for conversion to the Commission is the date on which the request is entered in the Commission's mail registry.
2.If the request for conversion into a geographical indication does not meet the requirements laid down in Articles 34 and 35 of Regulation (EC) No 479/2008, the Commission shall inform the Member State or the third-country authorities or the applicant established in the third country in question of the grounds for refusal, and shall invite him to withdrew or amend the request or submit comments within a period of two months.
3.If the obstacles to the conversion into a geographical indication are not remedied by the Member State or third-country authorities or the applicant established in the third country in question before the time limit expires, the Commission shall reject the request.
4.Any decision to reject the conversion request shall be taken by the Commission on the basis of the documents and information available to it. Such decision on rejection shall be notified to the Member State or the third-country authorities or the applicant established in the third country in question.
5.Articles 40 and 49(1) of Regulation (EC) No 479/2008 shall not apply.