Niveau juridique : Union européenne
Question E-001545-18 for written answer to the Commission, Marco Zullo (EFDD)-Protection of wine grape variety names
Texte de la question :
« The Commission has announced its intention to bring the provisions of Regulation (EC) No 607/2009 which are on protected designations of origin and geographical indications into line with the Lisbon Treaty .
As it stands, Article 62(4) provides in that connection that:
‘The wine grape variety names and their synonyms listed in Part B of Annex XV to this regulation, that partially contain a protected designation of origin or geographical indication and directly refers to the geographical element of the protected designation of origin or geographical indication in question, may only appear on the label of a product with protected designation of origin or geographical indication or geographical indication of a third country.’
In the light of the regulation’s provisions, do both conditions — of partially containing a protected designation of origin or geographical indication and of directly referring to the geographical element of the designation of origin or geographical indication — need to be fulfilled for the wine grape variety name protection to be granted under Article 62?
What will be the legal consequences if one of the varieties listed in Annex XV does not fulfil one of the two conditions? »
Texte de la réponse, donnée par Mr Hogan au nom de la Commission
« Article 62(4) of Regulation (EC) No 607/2009(1) refers to wine grape variety names that ‘partially contain a protected designation of origin or geographical indication and directly refer to the geographical element of the protected designation of origin or geographical indication in question’, which are listed in Part B of Annex XV to that regulation.
This means that the names listed in Part B of Annex XV reflect the conditions provided for in Article 62(4).
Part B of Annex XV to Regulation (EC) No 607/2009 will not be affected by the ongoing alignment process.
(1) OJ L 193, 24.7.2009. »
Texte de la question disponible ici