HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
26.7.2013 Official
Journal
of
the
European
Union L
201/21
COMMISSION IMPLEMENTING REGULATION (EU) No 716/2013
of 25 July 2013
laying down rules for the application of Regulation (EC) No 110/2008 of the European Parliament
and of the Council on the definition, description, presentation, labelling and the protection of
geographical indications of spirit drinks
THE EUROPEAN COMMISSION,
tration, the technical file, statement of objection,
amendment of the technical file and cancellation of a
geographical indication.
Having regard to the Treaty on the Functioning of the European
Union,
(5) In
order
to
facilitate
communication
between
the
Commission and Member States and third countries in
Having regard to Regulation (EC) No 110/2008 of the European
relation to registered geographical indications, Member
Parliament and of the Council of 15 January 2008 on the
States and third countries should communicate to the
definition, description, presentation, labelling and the protection
Commission the main specifications of the technical
of geographical indications of spirit drinks ( 1 ), and in particular
files of their geographical indications, besides the
Article 24(3) and Article 27 thereof,
complete technical files.
Whereas:
(6) Restrictions
concerning
the
packaging
of
a
spirit
drink
with a geographical indication, such as the obligation to
(1) In
order
to
clarify
certain
provisions
of
Regulation
(EC)
package the spirit drink in a defined geographical area,
No 110/2008 and to ensure their uniform implemen
constitute restrictions to the free movement of goods and
tation in the Member States, detailed rules should be
the freedom to provide services. Such restrictions should
adopted, in particular as regards the use of compound
only be allowed if they are necessary, proportionate and
terms, allusions, sales denominations and geographical
suitable to protect the reputation of the geographical
indications for the presentation of spirit drinks.
indication.
(2) According
to
Article
10(1)
and
(2)
of
Regulation
(EC)
No (7) A
Union
symbol
for
geographical
indications
of
spirit
110/2008, a spirit drink or another foodstuff may, under
drinks should be established in order to enable the
certain conditions, bear in its presentation a compound
consumer to identify certain spirit drinks the character
term which includes the name of one of the categories
istics of which are linked to the origin of the drinks.
listed in Annex II to Regulation (EC) No 110/2008 or
one of the geographical indications listed in Annex III to
that Regulation or may bear one or more allusions that
(8) Considering
the
time
needed
by
the
Member
States
to
include one or more of those categories or geographical
implement the measures related to the use of compound
indications. In order to ensure the uniform use of
terms and allusions, the application of those measures
compound terms and allusions in Member States, it is
should be deferred.
necessary to establish detailed rules of their usage for the
presentation of spirit drinks and other foodstuffs.
(9) The
measures
established
in
this
Regulation
are
in
accordance with the opinion of the Committee for
(3) When
reference
is
made
to
a
certain
spirit
drink
in
the
Spirit Drinks,
presentation of a foodstuff, that spirit drink must fully
comply with Regulation (EC) No 110/2008 and not be
diluted. It is necessary to clarify the meaning of the term
HAS ADOPTED THIS REGULATION:
‘dilution’ when referred to spirit drinks, since certain
manufacturing processes should not be considered as
dilution.
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
(4)
To ensure that the conditions for the registration of
geographical indications laid down in Regulation (EC)
Article 1
No 110/2008 are met, applications for registration
Subject matter
should be examined by the Commission and detailed
implementing rules on the application, examination,
This Regulation lays down detailed rules for the implementation
objection and cancellation procedures for geographical
of Regulation (EC) No 110/2008 as regards in particular:
indications of spirit drinks should be established. To
ensure a uniform implementation of those rules,
models should be drawn up for the application for regis
(a) the use of compound terms and allusions as referred to in
Article 10 of Regulation (EC) No 110/2008 in the
( 1 ) OJ L 39, 13.2.2008, p. 16.
description, presentation and labelling of a foodstuff;

---

L 201/22
EN
Official Journal of the European Union
26.7.2013
(b) the geographical indications of the spirit drinks referred to
Article 4
in Article 15 of Regulation (EC) No 110/2008 and the use
of a Union symbol for the geographical indications of spirit
Allusions
drinks.
The allusion to any spirit drink category or geographical indi
cation, for the presentation of a foodstuff, shall not be in the
Article 2
same line as the sales denomination. For alcoholic beverages,
the allusion shall appear in a font size smaller than those used
Definitions
for the sales denomination and compound term.
For the purpose of this Regulation:
Article 5
(a) ‘spirit drink category’ means one of the categories 1 to 46
of Annex II to Regulation (EC) No 110/2008;
Dilution of a spirit drink
For the purpose of Article 10(2) of Regulation (EC) No
(b) ‘geographical indication’ means one of the geographical
110/2008, the reduction of the alcoholic strength of a spirit
indications registered in Annex III to Regulation (EC) No
drink below the minimum alcoholic strength established for
110/2008;
that spirit drink in the corresponding category in Annex II to
that Regulation, exclusively by the addition of water, shall be
considered as dilution.
(c) ‘compound term’ means the combination of a term listed in
categories 1 to 46 of Annex II to Regulation (EC) No
110/2008 or a geographical indication of a spirit drink,
CHAPTER III
from which all the alcohol of the final product originates,
with:
GEOGRAPHICAL INDICATIONS
Article 6
(i) the name of one or more foodstuffs other than those
Application for the registration of a geographical indication
used for the production of that spirit drink in
accordance with Annex II to Regulation (EC) No
The application for registration of a geographical indication in
110/2008, or adjectives deriving from those names;
Annex III to Regulation (EC) No 110/2008 shall be submitted
and/or
to the Commission and consist of:
(ii) the term ‘liqueur’;
(a) the application form, according to the model set out in
Annex I to this Regulation;
(d) ‘allusion’ means the direct or indirect reference to one or
more spirit drink categories or geographical indications,
other than the reference in a compound term or list of
(b) the technical file, according to the model set out in Annex II
ingredients referred to in Article 9(9) of Regulation (EC)
to this Regulation;
No 110/2008.
CHAPTER II
(c) the main specifications of the technical file referred to in
point (b).
RULES ON THE USE OF COMPOUND TERMS AND
ALLUSIONS
Article 3
Article 7
Compound terms
Trans-border applications
1. The
term
‘spirit
drink’
shall
not
be
part
of
a
compound 1. Where
a
trans-border
geographical
indication
involves
term describing an alcoholic beverage.
only Member States, the relevant application shall be
submitted jointly or by one of the Member States in the
name of the others. In the latter case, the application shall
2. A
compound
term
describing
an
alcoholic
beverage
shall include a document from each of the other Member States
not consist of a combination of the term ‘liqueur’ with the
concerned authorising the Member State forwarding the appli
name of one of the categories 33 to 40 of Annex II to Regu
cation to act on its behalf.
lation (EC) No 110/2008.
3. A
compound
term
shall
not
replace
the
sales
denomi
Where a trans-border geographical indication involves only
nation of a spirit drink.
third countries, the relevant application shall be submitted to
the Commission either by one of the applicants on behalf of the
others or by one of the third countries on behalf of the others
4. The
compound
term
describing
an
alcoholic
beverage and shall include:
shall appear in uniform characters of the same font, size and
colour. It shall not be interrupted by any textual or pictorial
element which does not form part of it and shall not appear in
(a) the proof of protection in the third countries concerned;
a larger font size than that of the sales denomination.
and

---

EN
26.7.2013 Official
Journal
of
the
European
Union L
201/23
(b) a document from each of the other third countries
an area in its immediate proximity, justification for this
concerned authorising the third country submitting the
requirement shall be given in respect of the product concerned.
application to act on its behalf.
Where a trans-border geographical indication involves at least
Article 11
one Member State and at least one third country, the appli
Admissibility of the application
cation shall be submitted to the Commission by one of the
Member States, third-country authorities or private entities
1. The
application
is
admissible
if
it
consists
of
all
the
from the third country in question and shall include:
elements referred to in Article 6.
(a) the proof of protection in the third countries concerned;
2. If the application is not complete the Commission shall
and
invite the applicant to remedy the deficiency within a period of
two months. If the deficiency is not remedied within that time
(b) a document from each of the Member States or third
limit, the Commission shall reject the application as inad
countries concerned authorising the party forwarding the
missible.
application to act on its behalf.
2. The
Member
State
or
the
third-country
authority
or
the
Article 12
private entity from the third country in question which submits
Scrutiny of the conditions of validity
to the Commission a trans-border application shall become the
consignee of any notification or decision issued by the
1. If
a
geographical
indication
does
not
comply
with
Commission.
Article 15 of Regulation (EC) No 110/2008 or if the application
for registration does not meet the requirements laid down in
Article 8
Article 17 of Regulation (EC) No 110/2008, the Commission
shall set a time period for its amendment or withdrawal or for
Receipt of the application
the submission of comments by the Member State, the third-
country authority or the private entity from the third country in
1. The date of submission of an application shall be the date
question.
of its receipt by the Commission.
2. The
Member
State
or
the
third-country
authority
or
the 2. If
the
deficiencies
are
not
remedied
by
the
Member
State,
private entity from the third country in question shall receive an
the third-country authority or the private entity from the third
acknowledgement of receipt indicating at least the following:
country in question within the time period referred to in
paragraph 1, the Commission shall reject the application.
(a) the file number;
Article 13
(b) the name to be registered;
Objection to the registration
(c) the number of pages received;
1. Objections
referred
to
in
Article
17(7)
of
Regulation
(EC)
No 110/2008 shall be drawn up in accordance with the form
(d) the date of receipt of the application.
set out in Annex III to this Regulation and submitted to the
Commission. The date of submission of the objection shall be
the date of its receipt by the Commission.
Article 9
Established geographical indications
2. The
objector
shall
receive
an
acknowledgement
of
receipt
1. If
the
technical
file
for
an
established
geographical
indi
indicating at least the following:
cation, submitted pursuant to Article 20(1) of Regulation (EC)
No 110/2008 does not demonstrate that the requirements laid
down in Article 15(1) of that Regulation are fulfilled, the
(a) the file number;
Commission shall set a time period for its amendment or with
drawal or for the submission of comments by the Member
State.
(b) the number of pages received;
2. If
such
deficiencies
are
not
remedied
by
the
Member
State
(c) the date of receipt of the objection.
within the time period referred to in the first paragraph, the
technical file shall be deemed not to have been submitted and
Article 20(3) of Regulation (EC) No 110/2008 shall apply.
Article 14
Article 10
Admissibility of an objection
Packaging in the geographical area concerned
1. The objection is admissible if it mentions the prior right(s)
claimed, where relevant, and the ground(s) for the objection and
If the technical file sets out that packaging of the spirit drink
it was received within the time period referred to in Article 17(7)
must take place within the demarcated geographical area or in
of Regulation (EC) No 110/2008.

---

L 201/24
EN
Official Journal of the European Union
26.7.2013
2. If the objection is based on the existence of an earlier
The decisions, including grounds for them, shall be notified to
trademark of reputation and renown already used in the
the Member State, the third-country authority or the private
Union, in accordance with Article 23(3) of Regulation (EC)
entity from the third country in question, and, if appropriate,
No 110/2008, it shall be accompanied by proof of the filing
to the objector.
of an application for registration, registration or use of that
trademark, such as the certificate of registration or proof of
its use, and proof of its reputation and renown.
2. Unless the application for the registration of a
geographical indication is rejected pursuant to Articles 11(2),
12(2) and 15(3) of this Regulation, the Commission shall
3. Any
objection
shall
contain
details
of
the
facts,
evidence decide pursuant to Article 17(8) of Regulation (EC) No
and comments submitted in support of the objection and be
110/2008 to register the geographical indication in Annex III
accompanied by the relevant supporting documents.
to that Regulation.
Article 17
The information and evidence produced in support of the use
of an earlier trademark shall refer to location, duration, extent
Use of languages
and nature of use and of its reputation and renown.
The geographical indication shall be registered in the language(s)
used to describe the product in question in the geographical
4. If the information and the documents referred to in para
area concerned and with its original spelling.
graphs 1, 2 and 3 have not been produced, the Commission
shall invite the objector to remedy the deficiencies within a
Article 18
period of two months. If the deficiencies are not remedied
within the time limit, the Commission shall reject the
Submission of a request for cancellation
objection as inadmissible.
1. A
request
for
cancellation
of
a
geographical
indication
shall be drawn up in accordance with the form set out in
Annex IV and shall be submitted to the Commission. The
Article 15
date of submission of the request for cancellation shall be the
Scrutiny of an objection
date of its receipt by the Commission.
1. If the objection is admissible, the Commission shall
communicate it to the Member State, the third-country
2. The
author
of
the
request
for
cancellation
shall
receive
an
authority or the private entity from the third country in
acknowledgement of receipt indicating at least:
question and invite them to file observations within a period
of two months. Any observations received within this time
period shall be communicated to the objector.
(a) the file number;
(b) the number of pages received; and
2. The
Commission
shall
request
the
parties
to
submit
comments on the observations received from the other parties
within a period of two months.
(c) the date of receipt of the request.
3.
If the Commission considers that the objection is founded,
Article 19
it shall reject the application for registration.
Admissibility of a request for cancellation
1. A
request
for
cancellation
is
admissible,
if
it
clearly
states
4. If,
in
the
event
of
multiple
objections,
following
a the legitimate interest of the author of the request for cancel
preliminary examination of one or more such objections, it
lation and explains the ground(s) for such cancellation.
may not be possible to accept the application for registration,
the Commission may suspend the other objection procedures.
The Commission shall inform the other objectors of any
2. Any
request
for
cancellation
shall
contain
details
of
the
decision affecting them.
facts, evidence and comments submitted in support of cancel
lation. It shall be accompanied by the relevant supporting
documents and in particular, by a statement from the
5. Where
an
application
for
registration
is
rejected,
objection Member State or the third-country authority where the
procedures which have been suspended shall be deemed to be
residence or registered office of the author of the request is
closed and the objectors concerned shall be duly informed.
located.
3. If
the
information
and
documents
referred
to
in
para
Article 16
graphs 1 and 2 have not been provided at the same time as
Decisions of the Commission
the request for cancellation, the Commission shall invite the
author of the request to remedy the deficiencies within a
1. Decisions
taken
by
the
Commission
pursuant
to
Articles period of two months. If the deficiencies are not remedied
9(2), 11(2), 12(2) and 15(3) shall be based on the documents
within the time limit, the Commission shall reject the request
and information available to it.
as inadmissible.

---

EN
26.7.2013 Official
Journal
of
the
European
Union L
201/25
The Commission shall notify the author of the request for
Article 21
cancellation as well as the Member State, the third-country
authority or the private entity from the third country, whose
Amendment of the technical file
geographical indication is affected by the request for cancel
1. An
application
for
the
amendment
of
the
technical
file
lation, of the decision of inadmissibility.
related to a registered geographical indication, as referred to
Article 20
in Article 21 of Regulation (EC) No 110/2008, shall be
drawn up in accordance with Annex V to this Regulation and
Scrutiny of a cancellation
submitted in electronic format.
1. If the Commission has not rejected the request for cancel
2. For the purposes of the application referred to in
lation in accordance with Article 19(3), it shall communicate
paragraph 1, Articles 8 to 15 of this Regulation shall apply
the request to the Member State or the third-country authority
mutatis mutandis. These procedures shall only concern the
or private entity from the third country, whose geographical
points of the technical file which are the subject of the
indication is affected by the request for cancellation, and
amendment.
invite them to file observations within a deadline of two
months. Any observation received within this time limit shall
3. Where the application for the amendment of the technical
be communicated to the author of the request for cancellation.
file is submitted by an applicant other than the initial applicant,
2. The
Commission
shall
decide
on
a
cancellation
if
the the Commission shall communicate the application to the initial
Member State, third-country authority or private entity from
applicant.
the third country in question does not file any observation or
Article 22
does not comply with the two-month time limit.
Use of a Union symbol for registered geographical
3. Any
decision
to
cancel
the
geographical
indication
indications
concerned shall be taken by the Commission on the basis of
the evidence available to it after the expiration of the deadline
1. The
Union
symbol
for
registered
geographical
indications
for submission of observations. It shall consider whether
established in Annex V to Commission Regulation (EC) No
compliance with the technical file of the geographical indication
1898/2006 ( 1 ) may be used for spirit drinks. That symbol
is no longer possible or can no longer be guaranteed,
may not be used together with a compound term including a
particularly if the conditions laid down in Article 17 of Regu
geographical indication. The indication ‘PROTECTED
lation (EC) No 110/2008 are no longer fulfilled or may no
GEOGRAPHICAL INDICATION’ may be replaced by the
longer be fulfilled in the near future.
equivalent terms in another official language of the Union as
laid down in that Annex.
Such decision on cancellation shall be notified to the Member
State, the third-country authority or the private entity from the
2. Where
the
Union
symbol
referred
to
in
paragraph
1
third country in question or the author of the request for
appears on the label of a spirit drink, it shall be accompanied
cancellation.
by the corresponding geographical indication.
4. If
more
than
one
request
for
cancellation
concerning
the
CHAPTER IV
same geographical indication has been submitted and, after a
preliminary examination of one or more of those requests, the
FINAL PROVISIONS
Commission decides that it is no longer justified to protect the
geographical indication, it may suspend other cancellation
Article 23
procedures concerning that geographical indication. It shall
Entry into force and application
inform the other authors of the requests for cancellation of
any decision affecting them.
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
If a geographical indication is cancelled, the Commission shall
European Union.
close the cancellation procedures which have been suspended
and inform the other authors of the request for cancellation
It shall apply from 1 September 2013. Articles 3 and 4 shall
accordingly.
apply from 1 March 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 369, 23.12.2006, p. 1.

---

L 201/26
EN
Official Journal of the European Union
26.7.2013
ANNEX I
APPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION
Date of receipt (DD/MM/YYYY) …
[to be completed by the Commission]
Number of pages (including this page) …
Language used for submission of application …
File number …
[to be completed by the Commission]
Geographical indication to be registered …
Category of the spirit drink
Applicant
Name of legal or natural person …
Full address (street number and name, town/city and postal code, country) …
Legal status, size and composition (in the case of legal persons) …
Nationality …
Tel., e-mail …
Intermediary
Member State(s) (*)
Third-country authority (*)
[(*) delete as appropriate]
Name(s) of intermediary(ies) …
Full address(es) (street number and name, town/city and postal code, country) …
Tel., e-mail …
Proof of protection in third country …
Technical file
Number of pages …
Name(s) of signatory(ies) …
Signature(s) …

---

EN
26.7.2013 Official
Journal
of
the
European
Union L
201/27
ANNEX II
TECHNICAL FILE
Date of receipt (DD/MM/YYYY) …
[to be completed by the Commission]
Number of pages (including this page) …
Language used for submission of application …
File number …
[to be completed by the Commission]
Geographical indication to be registered …
Category of the spirit drink
Description of the spirit drink
— Physical, chemical and/or organoleptic characteristics
— Specific characteristics (compared to spirit drinks of the same category)
Geographical area concerned
Method for obtaining the spirit drink
Link with the geographical environment or origin
— Details of the geographical area or origin relevant to the link
— Specific characteristics of the spirit drink attributable to the geographical area
European Union or national/regional provisions
Applicant
— Member State, Third Country or legal/natural person …
— Full address (street number and name, town/city and postal code, country) …
— Legal status (in the case of legal persons) …
Supplement to the geographical indication
Specific labelling rules

---

L 201/28
EN
Official Journal of the European Union
26.7.2013
ANNEX III
REQUEST OF OBJECTION TO A GEOGRAPHICAL INDICATION
Date of receipt (DD/MM/YYYY) …
[to be completed by the Commission]
Number of pages (including this page) …
Language of request of objection …
File number …
[to be completed by the Commission]
Objector
Name of legal or natural person …
Full address (street number and name, town/city and postal code, country) …
Nationality …
Tel., e-mail …
Intermediary
Member State(s) (*)
Third-country authority (optional) (*)
[(*) delete as appropriate]
Name(s) of intermediary(ies) …
Full address(es) (street number and name, town/city and postal code, country) …
Objected geographical indication …
Prior rights
Registered geographical indication (*)
National geographical indication (*)
[(*) delete as appropriate]
Name …
Registration number …
Date of registration (DD/MM/YYYY) …
Trademark
Sign …
List of products and services …
Registration number …
Date of registration …
Country of origin …
Reputation/renown (*) …
[(*) delete as appropriate]
Grounds for objection
Name of signatory …
Signature …

---

EN
26.7.2013 Official
Journal
of
the
European
Union L
201/29
ANNEX IV
REQUEST OF CANCELLATION OF A GEOGRAPHICAL INDICATION
Date of receipt (DD/MM/YYYY) …
[to be completed by the Commission]
Number of pages (including this page) …
Author of request of cancellation …
File number …
[to be completed by the Commission]
Language of request of cancellation …
Name of legal or natural person …
Full address (street number and name, town/city and postal code, country) …
Nationality …
Tel., e-mail …
Contested geographical indication …
Legitimate interest of the author of the request …
Statement by the Member State or third country …
Grounds for cancellation
Name of signatory …
Signature …

---

L 201/30
EN
Official Journal of the European Union
26.7.2013
ANNEX V
APPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION
Date of receipt (DD/MM/YYYY) …
[to be completed by the Commission]
Number of pages (including this page) …
Language of amendment …
File number …
[to be completed by the Commission]
Intermediary
Member State(s) (*) —
Third-country authority (optional) (*)
[(*) delete as appropriate]
Name(s) of intermediary(ies) …
Full address(es) (street number and name, town/city and postal code, country) …
Tel., e-mail …
Name of the geographical indication
Specification heading affected by the amendment
Protected name (*)
Description of product (*)
Geographical area (*)
Link (*)
Names and addresses of control authorities (*)
Other (*)
[(*) delete as appropriate]
Amendment
Amendment to the product specification not entailing an amendment of the main specifications (*)
Amendment to the product specification entailing an amendment to the main specifications (*)
[(*) delete as appropriate] —
Explanation of the amendment …
Amended main specifications
[on separate sheet]
Name of signatory …
Signature …

---

Document Outline

• �

---