Commission Delegated Regulation (EU) 2019/33Show full title
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation
Introductory Text
CHAPTER I INTRODUCTORY PROVISION
Article 1.Subject matter
Article 1a.Definitions
Article 1b.Definitions: types of traditional term
CHAPTER II PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
SECTION 1 Application for protection
Article 2.Name to be protected
Article 3.Applicant
Article 4.Additional requirements for product specifications
Article 5.Derogations concerning production in the demarcated geographical area
Article 6.National procedure
Article 7.Joint applications
Article 8.Transitional national protection
Article 9.Admissibility of the application
Article 10.Scrutiny of the application
SECTION 2 Objection procedure
Article 11.Admissibility and grounds of objection
Article 12.Objection procedure
Article 13.Restrictions on the use of protected designations of origin and protected geographical indications
SECTION 3 Amendments to product specifications
Article 14.Types of amendments
Article 15.Procedure for non-standard amendments to product specifications
Article 16.Admissibility of applications for non-standard amendment
Article 17.Standard amendments
Article 18.Temporary amendments
SECTION 4 Cancelling a protected designation of origin or geographical indication
Article 19.Cancellation procedure
Article 20.Grounds for cancellation
Article 21.Admissibility of cancellation requests
SECTION 5 Use of symbols, indications and abbreviations
Article 22.Symbols
Article 23.Derogations from the obligation to use the term ‘protected designation of origin’ on labels
CHAPTER III TRADITIONAL TERMS
SECTION 1 Applications for protection and examination procedure
Article 24.Language and spelling of the traditional term
Article 25.Applicants
Article 26.Admissibility of the application
Article 27.Conditions of validity
Article 28.Scrutiny by the Secretary of State
SECTION 2 Objection procedure
Article 29.Submission of an objection
Article 30.Admissibility and grounds of objection
Article 31.Scrutiny of an objection
SECTION 3 Protection
Article 32.Relationship with trade marks
Article 32a.Transitional provision: relationship with trade marks
Article 32b.Application and modification of trade mark provisions
Article 32c.Third Country traditional terms covered by bridging arrangements
Article 32d.Transitional provisions: relations between trade marks and traditional terms when bridging arrangements are in effect
Article 33.Homonyms
SECTION 4 Modification and cancellation
Article 34.Modification of a traditional term
Article 35.Cancellation of a traditional term
Article 36.Grounds for cancellation
Article 37.Admissibility of a cancellation request
Article 38.Rules concerning traditional terms used in Northern Ireland and third countries
SECTION 5
Article 39.Established protected traditional terms
SECTION 6 Appeals
Article 39a.Appeals: general
Article 39b.Secretary of State decision to consider a decision afresh and the effect of that decision on appeal
CHAPTER IV LABELLING AND PRESENTATION
SECTION 1 Compulsory particulars
Article 40.Presentation of compulsory particulars
Article 41.Application of certain horizontal rules
Article 42.Marketing and export
Article 43.Prohibition of lead-based capsules or foil
Article 44.Actual alcoholic strength
Article 45.Indication of provenance
Article 46.Indication of the bottler, producer, importer and vendor
Article 47.Indication of the sugar content on sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine
Article 48.Specific rules for aerated sparkling wine, aerated semi-sparkling wine and quality sparkling wine
SECTION 2 Optional particulars
Article 49.Vintage year
Article 50.Name of wine grape variety
Article 51.Specific rules for the indication of wine grape varieties on grapevine products that do not bear a protected designation of origin or geographical indication
Article 52.Indication of the sugar content for grapevine products other than sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine
Article 53.Terms referring to certain production methods
Article 54.Indication of the holding
Article 55.Reference to names of geographical units smaller or larger than the area underlying the protected designation of origin or geographical indication
SECTION 3 Rules on certain specific bottle shapes and closures
Article 56.Conditions of use of certain specific bottle shapes
Article 57.Rules on presentation for certain grapevine products
Article 58.Additional provisions laid down by the producing Member States relating to labelling and presentation
CHAPTER V GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 59.Procedural language
Article 60.Repeal
Article 61.Transitional measures
Article 62.Entry into force and application
Signature
ANNEX A1
Types of traditional term to which Article 32a applies
PART A Interpretation
1. In the table in Part C:
PART B The relevant EUIA-based date
2. In the table in Part C, in a case where...
3. In a case where the EUIA referred to in paragraph...
4. In a case of a type 2A, 2B, 3A or...
5. In a case of a type 4A or 4B traditional...
6. Any reference in this Part to:
PART C Types of traditional term (the Types Table)
ANNEX A2
Appeals
ANNEX I
PART A Terms referred to in Article 41(1)
PART B Pictograms referred to in Article 41(2)
ANNEX II
Words referred to in point (b) of the second subparagraph of Article 46(3)
Words authorised instead of ‘producer’: ‘processor’ or ‘winemaker’
Words authorised instead of ‘produced by’: ‘processed by’ or ‘made...
ANNEX III
Indication of the sugar content
PART A List of terms referred to in Article 47(1), to be used for sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine
PART B List of terms referred to in Article 52(1), to be used for products other than those listed in Part A
ANNEX IV
LIST OF WINE GRAPE VARIETIES AND THEIR SYNONYMS THAT MAY APPEAR ON THE LABELLING OF WINES
PART A List of wine grape varieties and their synonyms that may...
PART B List of wine grape varieties and their synonyms that may...
ANNEX V
Indications authorised for use on wine labelling pursuant to Article 53(2)
barrel fermented barrel matured barrel aged […]-cask fermented [indicate the...
The word ‘cask’ may be replaced with the word ‘barrel’....
ANNEX VI
Terms referred to in Article 54(1)
Member State Terms Austria Burg, Domäne, Eigenbau, Familie, Gutswein, Güterverwaltung,...
ANNEX VII
Restrictions on the use of specific types of bottle, as referred to in Article 56
1. ‘Flûte d'Alsace’:
2. ‘Bocksbeutel’ or ‘Cantil’:
3. ‘Clavelin’:
4. ‘Tokaj’: