PART IIINTERNAL MARKET

TITLE IIRULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS

CHAPTER IRules concerning marketing

Section 2Designations of origin, geographical indications and traditional terms in the wine sector

Subsection 2Designations of origin and geographical indications

Article 109Delegated powers

1

In order to take into account the specific characteristics of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

a

the additional criteria for the demarcation of the geographical area; and

b

the restrictions and derogations concerning the production in the demarcated geographical area.

2

In order to ensure product quality and traceability, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which product specifications may include additional requirements.

3

In order to ensure the protection of the legitimate rights and interests of producers and operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:

a

the type of applicant that may apply for the protection of a designation of origin or geographical indication;

b

the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

c

the conditions applicable to trans-border applications;

d

the conditions for applications concerning geographical areas in a third country;

e

the date from which a protection or an amendment to a protection shall apply;

f

the conditions related to amendments to product specifications.

4

In order to ensure an adequate level of protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on restrictions regarding the protected name.

5

In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009, or for which an application for protection has been made prior to that date, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down transitional rules concerning:

a

wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009, and wine names for which an application for protection has been made prior to that date;

b

wines placed on the market or labelled before a specific date; and

c

amendments to the product specifications.