TITLE VCOMMON PROVISIONS

CHAPTER IOfficial controls of protected designations of origin, protected geographical indications and traditional specialities guaranteed

Article 35Scope

The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.

Article 36F1Content of official controls

F21.

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F22.

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F13.

Official controls performed in accordance with Regulation X1(EU) 2017/625 of the European Parliament and of the Council23 shall cover:

(a)

verification that a product complies with the corresponding product specification; and

(b)

monitoring of the use of registered names to describe product placed on the market, in conformity with Article 13 for names registered under Title II and in conformity with Article 24 for names registered under Title III.

Article 37Verification of compliance with product specification

F11.

In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within the Union, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:

(a)

the competent authorities designated in accordance with Article 4 of Regulation X1(EU) 2017/625; or

(b)

delegated bodies as defined in Article 3(5) of Regulation X1(EU) 2017/625.

The costs of such verification of compliance with the specifications may be borne by the operators that are subject to those controls. F3Nothing in this Regulation prevents the Secretary of State from contributing to these costs.

2.

In respect of designations of origin, geographical indications and traditional specialities guaranteed that designate products originating in F4Northern Ireland or a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by:

(a)

one or more of the public authorities designated by the F5authorities in Northern Ireland or the relevant third country; and/or

(b)

one or more of the product certification bodies.

3.

F2Member States shall make public the name and address of the authorities and bodies referred to paragraph 1 of this Article, and update that information periodically.

The F6Secretary of State shall make public the name and address of the authorities and bodies referred to in paragraph 2 of this Article and update that information periodically F7, in such manner as appears appropriate to the Secretary of State from time to time.

F84.

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F2Article 38F2Surveillance of the use of the name in the market place

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F1Article 39Delegated bodies performing controls in F9Northern Ireland and third countries

The delegated bodies performing controls in F10Northern Ireland or the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for ‘Conformity assessment- Requirements for bodies certifying products, processes and services’. These delegated bodies may be accredited either by a national accreditation body outside the Union, in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.

Article 40Planning and reporting of control activities

1.

F11The Secretary of State shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles F12109(1), 110(2) and 111(2) of Regulation (EU) 2017/625.

2.

The annual reports concerning the control of the obligations established by this Regulation shall include a separate section comprising the information laid down in Article F13113(1) of Regulation (EU) 2017/625.