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Regulation (EU) No 251/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91

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Article 13U.K.Preliminary national procedure

1.Applications for protection of a geographical indication of aromatised wine products originating in the Union shall be subject to a preliminary national procedure in accordance with paragraphs 2 to 7 of this Article.

2.The application for protection shall be filed with the Member State in whose territory the geographical indication originates.

3.The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Chapter.

The Member State shall, by means of a national procedure, ensure the adequate publication of the application for protection and shall provide for a period of at least two months from the date of publication within which any natural or legal person with a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.

4.If the Member State considers that the geographical indication does not meet the relevant requirements or is incompatible with Union law in general, it shall reject the application.

5.If the Member State considers that the relevant requirements are met, it shall:

(a)publish the single document and the product specification at least on the internet; and

(b)forward to the Commission an application for protection containing the following information:

(i)

the name and address of the applicant;

(ii)

the product specification referred in Article 10(2);

(iii)

the single document referred to in Article 10(1)(d);

(iv)

a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and

(v)

the reference to the publication, as referred to in point (a).

The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.

6.Member States shall adopt the laws, regulations or administrative provisions necessary to comply with this Article by 28 March 2015.

7.Where a Member State has no national legislation concerning the protection of geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Chapter at national level. Such protection shall take effect from the date the application is lodged with the Commission and shall cease on the date on which a decision on registration or refusal under this Chapter is taken.

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