COMMISSION IMPLEMENTING REGULATION (EU) …/...

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amending Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs 1 , and in particular Articles 49(7), second subparagraph, and 53(3), second subparagraph, thereof,

Whereas:

(1)Regulation (EU) 2021/2117 of the European Parliament and of the Council 2 amended Article 53(2) of Regulation (EU) No 1151/2012 as regards the system of amendments to a product specification. As from 8 June 2022 ‘non-minor’ and ‘minor’ amendments are replaced by ‘Union’ and ‘standard’ amendments, respectively, with different scope and procedures.

(2)Commission Implementing Regulation (EU) No 668/2014 3 sets out the uniform conditions of application of the non-minor and minor amendments. In order to ensure the functioning of the new system of amendments, the existing rules on non-minor and minor amendments in that Regulation should be replaced by new rules.

(3)For the sake of legal certainty and efficient management of the system, detailed rules concerning requirements, the forms and deadlines for applications for the approval of Union amendments and communications of approved standard or temporary amendments should be provided.

(4)In accordance with Regulation (EU) No 1151/2012, the procedures for amendments to the product specification of protected designation of origin and protected geographical indications in the food sector, as well as traditional specialities guaranteed, are carried out by the Commission and the Member States. The Commission and the Member States are responsible for distinct stages of each type of procedure. Member States process the applications for approval of a Union amendment to the product specification and submit them  to the Commission. The Commission is responsible for scrutinising those applications and taking a decision on the Union amendment. In case of approval of a standard or temporary amendment the responsibility for the approval is with Member States. The approval of those amendments are communicated to the Commission, which has the obligation to make them public in the Union.

(5)For the correct management of procedures for the Commission’s approval of a Union amendment to the product specification of protected designations of origin and protected geographical indications as well as of traditional specialities guaranteed, it is necessary to process the references concerning the applicants for approval of Union amendments.  The same need arises in the context of the management of the procedures for communication to the Commission of a standard or temporary amendment to the product specification of protected designations of origin or protected geographical indications as regards the authority, natural or legal persons communicating the approved standard or temporary amendment. Those procedures have public nature. Transparency is necessary to allow fair competition between the operators and to publicly identify the private and public economic interests linked to these procedures. The name of the applicant group submitting an application for approval of a Union amendment in accordance with Article 53 of Regulation (EU) No 1151/2012, should be published in order to identify the entity which has activated the procedure of amendment and to allow potential opponents to challenge their legitimate interest. The name of the authority, natural or legal person communicating an approved standard or temporary amendment should be published in order to identify the responsibility for making that amendment notified to the Commission and consequently public in the Union. With a view to minimising the exposure of personal data, the documents to be submitted in the course of those procedures should as far as possible avoid requirements for submission of personal data. Nonetheless, the Commission and the Member States may need to process information that contain personal data such as personal names and contact details. In duly justified cases, such data may need to be disclosed or made public. 

(6)In the interest of effective administrative management and taking account of the experience acquired through the information systems put in place by the Commission, communications between the Member States and the Commission should be simplified and the information should be exchanged in accordance with Commission Delegated Regulation (EU) 2017/1183 4 and Commission Implementing Regulation (EU) 2017/1185 5 .

(7)The Commission has put in place the information system ‘e-Ambrosia’ for the management of the applications for protection of geographical indications in food, wine, spirit drinks and aromatised wines. Member States and the Commission are to exclusively use that system for the purpose of communication concerning the procedures related to applications for registration and for the approval of amendments to the product specification for designations of origin and geographical indications under Regulation (EU) No 1151/2012. However, owing to a strict system of accreditation, that system should not be used for communications with Member States concerning the procedure for oppositions and cancellation requests and, pending the requisite digital security guarantees, it should not be used for communications with third countries. Instead, for the procedures for oppositions and cancellation requests, Member States, the competent authorities and producers of third countries, as well as natural or legal persons who have a legitimate interest under that Regulation should communicate with the Commission via electronic mail.

(8)To enhance transparency, efficiency and uniformity across Member States, the register of protected designations of origin and protected geographical indications should be established in electronic form. The register should be an electronic database managed within digital systems made available by the Commission, should be accessible to the public and constantly updated by the Commission.

(9)Regulation (EU) 2018/1725 of the European Parliament and of the Council 6 applies to the processing of personal data carried out by the Commission in the course of the procedures for amendments to the product specification of protected designation of origin and protected geographical indications in the food sector, as well as traditional specialities guaranteed. It is appropriate to clarify that the Commission is to be considered controller within the meaning of that Regulation in relation to the processing of personal data in the procedures for which it is responsible under Regulation (EU) No 1151/2012.

(10)Regulation (EU) 2016/679 of the European Parliament and of the Council 7 applies to the processing of personal data carried out by Member States in the course of the relevant procedures for amendments to the product specification of protected designation of origin and protected geographical indications in the food sector, as well as traditional specialities guaranteed. Therefore, it is appropriate to clarify that the competent authorities of the Member States are to be considered controllers within the meaning of that Regulation in relation to the processing of personal data in the procedures for which they are responsible under Regulation (EU) No 1151/2012.

(11)Regulation (EU) 2021/2117 amended the scope of Regulation (EU) No 1151/2012. Aromatised wines, other alcoholic beverages with the exclusion of spirit drinks and grapevine products and beeswax should therefore be added among the classes of products to which Regulation (EU) No 1151/2012 applies.

(12)Provision should be made to ensure that there is sufficient time to facilitate a smooth transition from the rules provided for in Implementing Regulation (EU) No 668/2014 concerning the means of submission. Transitional arrangements should be put in place for applications for approval of non-minor or minor amendments of the product specification of protected designations of origin, protected geographical indications and traditional specialities guaranteed that have been submitted before 8 June 2022.

(13)Since amendments to a product specification introduced by Regulation (EU) 2021/2117 apply from 8 June 2022, this Regulation should apply from the same date.

(14)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Agricultural Product Quality Policy Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) No 668/2014

Implementing Regulation (EU) No 668/2014 is amended as follows:

(1)    Article 6 is replaced by the following:

‘Article 6

Procedural requirements for applications for registration of protected designations of origin, protected geographical indications and traditional specialities guaranteed

1.    The single document of a protected designation of origin or a protected geographical indication referred to in Article 8(1), point (c), of Regulation (EU) No 1151/2012 shall include the information requested in Annex I to this Regulation

The reference to the publication of the product specification published with the single document shall lead to the version of the product specification as proposed.

2.    Where the application is submitted to the Commission by a Member State, the single document shall be drawn up in accordance with the form made available in the digital systems referred to in Article 12(1), first subparagraph, point (a).

Where the application is submitted to the Commission by a third country authority or an applicant established in a third country, the single document shall be drawn up in accordance with the form set out in Annex I. The information so supplied may be entered by the Commission into its digital systems.

3.    The single document shall be concise and not exceed 2 500 words, except in duly justified cases.

4.    Paragraphs 1, 2 and 3 shall also apply to a single document covered by a request for publication in accordance with Article 8(1) of Delegated Regulation (EU) No 664/2014. 

5.    The product specification of a traditional speciality guaranteed referred to in Article 19 of Regulation (EU) No 1151/2012 shall include the information requested in Annex II to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex.’;

(2)    in Article 8, the following paragraph is added:

‘The Member State, the authority of the third country or an applicant established in a third country which submits to the Commission a joint application as referred to in the first paragraph shall be the addressee of any notification or decision issued by the Commission.’;

(3)    Article 10 is replaced by the following:

‘Article 10

Applications for Union amendments to a product specification

1.    An application for approval of a Union amendment to a product specification as referred to in Article 53(2) of Regulation (EU) No 1151/2012 shall contain:

(a)the protected name to which the amendment relates;

(b)the name and contact details of the applicant and a description of the legitimate interest of the applicant;

(c)the headings in the product specification and, as regards protected designations of origin and protected geographical indications, in the single document relating to the matters affected by the amendment;

(d)for protected designations of origin and protected geographical indications, an explanation that the amendment falls under the definition of a Union amendment as provided for in Article 53(2) of Regulation (EU) No 1151/2012;

(e)a description of and the reasons for each of the amendments proposed;

(f)for protected designations of origin and protected geographical indications, the consolidated single document as amended;

(g)for applications submitted by a Member States concerning protected designations of origin and protected geographical indications, the electronic reference to the publication of the consolidated product specification as amended;

(h)for applications submitted by a third country concerning protected designations of origin and protected geographical indications, the consolidated version of the product specification as published, or the reference to the publication of the product specification;

(i)for applications for protected designations of origin and protected geographical indications from third countries only, proof that the requested amendment complies with the laws on protection of geographical indications in force in that third country;

(j)for applications concerning traditional specialities guaranteed, the consolidated product specification as amended;

(k)for all applications submitted by Member States, the declaration by the Member State that it considers that the application meets the requirements of Regulation (EU) No 1151/2012 and of provisions adopted pursuant to it.

The description and reasons referred in the first subparagraph, point (e), and the single document referred to in the first subparagraph, point (f), shall not exceed 2 500 words each, except in duly justified cases.

2.    An application for approval of a Union amendment shall be concise and not exceed 5 000 words, except in duly justified cases.

3.    An application for approval of a Union amendment to the product specification of a protected designation of origin or protected geographical indication from a Member State shall be drawn up in accordance with the form made available in the digital systems referred to in Article 12(1), first subparagraph, point (a). An application for approval of a Union amendment to the product specification of a traditional speciality guaranteed from a Member State shall be drawn up in accordance with the form set out in Annex VI. The information so supplied may be entered by the Commission into its digital systems.

Applicants from third countries shall use the form set out in Annexes V for a Union amendment to the product specification of a protected designation of origin or protected geographical indication and the form set out in Annex VI for a Union amendment to the product specification of a traditional speciality guaranteed. The information so supplied may be entered by the Commission into its digital systems.

4.    The amended single document of a protected designation of origin or protected geographical indication and the amended product specification of a traditional speciality guaranteed shall be drawn up in accordance with Article 6. An application for a Union amendment for a protected designation of origin or protected geographical indication from a third country may include the consolidated version of the product specification instead of the electronic reference to the published product specification.

5.    For the purposes of Article 53(2), fifth subparagraph, of Regulation (EU) No 1151/2012, in conjunction with Article 50(2) of that Regulation, in addition to the single document as amended, and the publication reference of the product specification as amended, the Commission shall publish in the Official Journal of the European Union, the application for approval of a Union amendment to the product specification.

     In case personal data are included in the application they shall be published as part of that application.’;

(4)    the following Articles are inserted:

‘Article 10a

Communicating a standard amendment

1.    The communication of an approved standard amendment to the product specification in accordance with Article 6b(2), second subparagraph, and Article 6b(3), (7) and (8) of Delegated Regulation (EU) No 664/2014 shall contain:

(a)the reference to the protected name to which the standard amendment relates;

(b)an explanation that the amendment falls under the definition of a standard amendment as provided for in Article 53(2) of Regulation (EU) No 1151/2012;

(c)description of the approved amendment, indicating whether the amendment leads to an amendment to the single document;

(d)the decision approving the standard amendment as referred to in Article 6b(2), first subparagraph, and (3) of Regulation (EU) No 664/2014;

(e)where relevant, the consolidated single document as amended;

(f)the electronic reference to the publication of the consolidated product specification, as amended.

2.    Where the communication is made by a Member State, it shall include a declaration by that Member State that it considers that the amendment approved meets the requirements of Regulation (EU) No 1151/2012 and provisions adopted pursuant thereto.

3.    In the case of applications concerning products originating in third countries, the communication from the authorities of the third country or by a third country applicant having a legitimate interest shall indicate the name of the third country or of the applicant sending the communication and shall include proof that the amendment is applicable in the third country. It may include the product specification as made public instead of the electronic reference to the publication thereto.

4.    A communication of an approved standard amendment by a Member State shall be drawn up in accordance with the form made available in the digital systems referred to in Article 12(1), first subparagraph, point (a). For communications from third countries the form set out in Annex VI shall be used. The information so supplied shall be entered by the Commission into its digital systems.

5.    For the purposes of Article 6b(5) of Delegated Regulation (EU) No 664/2014, the name of the Member State or of the third country or of the natural or legal person submitting a communication of an approved standard amendment to the product specification of a geographical indication shall be published as part of the communication. 

Article 10b

Communicating a temporary amendment

1.    The communication of an approved temporary amendment to the product specification in accordance with Article 6d(1) to (4) of Delegated Regulation (EU) No 664/2014 shall contain:

(a)the reference to the protected name to which it relates;

(b)a description of the approved temporary amendment together with the reasons supporting it, as referred to in Article 53(2) of Regulation (EU) No 1151/2012;

(c)the decision of the competent authorities formally recognising the natural disaster or imposing obligatory sanitary and phytosanitary measures or the respective electronic publication references;

(d)the decision approving the temporary amendment or the electronic publication reference. 

2.    Where the communication is made by a Member State, it shall include a declaration by that Member State that it considers that the amendment approved meets the requirements of Regulation (EU) No 1151/2012 and the provisions adopted pursuant thereto.

3.    In the case of applications concerning products originating in third countries, the communication from the authorities of the third country or by the third country applicant having a legitimate interest shall indicate the name of the third country or of the applicant sending the communication and shall include proof that the amendment is applicable in the third country. It may include the national decision approving the temporary amendment as made public instead of the electronic reference to the publication reference thereto.

4.    A communication of an approved temporary amendment by a Member State shall be drawn up in accordance with the form made available in the digital systems referred to in Article 12(1), first subparagraph, point (a). For communications from third countries the form set out in Annex VII shall be used. The information so supplied shall be entered by the Commission into its digital systems.

5.    For the purposes of Article 6d(5) of Delegated Regulation (EU) No 664/2014, the name of the Member State or of the third country or of the natural or legal person submitting a communication of an approved temporary amendment to the product specification of a protected designation of origin or of a geographical indication shall be published as part of the communication.’;

(5)    Article 12 is replaced by the following:

‘Article 12

Communications between the Commission, the Member States, third countries and other operators

1.The documents and information required for the implementation of Titles II and III of Regulation (EU) No 1151/2012 and the related provisions shall be communicated to the Commission as follows:

(a)for the competent authorities of Member States, through the digital systems made available by the Commission, subject to paragraph 2 of this Article; 

(b)for the competent authorities and producers of third countries, as well as natural or legal persons having a legitimate interest under Regulation (EU) No 1151/2012, via electronic mail using the forms set out in Annexes I to IX to this Regulation.

Principles and requirements laid down in Commission Delegated Regulation (EU) 2017/1183* and Commission Implementing Regulation (EU) 2017/1185** shall apply to the communications made under the first subparagraph, point (a).

2.By way of derogation from paragraph 1, first subparagraph, point (a), the following documents shall be submitted via electronic mail by the competent authorities of the Member States:

(a) the reasoned statement of opposition referred to in Article 9(1);

(b) the notification of the result of the consultations referred to in Article 9(3);

(c) the cancellation request referred to in Article 11;

(d) the application for registration of a traditional speciality guaranteed referred to in Article 6(5);

(e) the application for approval of a Union amendment to the product specification of a traditional speciality guaranteed referred to in Article 10.

3.    Information shall be communicated and made available by the Commission to the competent authorities of Member States through the digital systems made available by the Commission in accordance with paragraph 1, first subparagraph, point (a). Information in the context of the procedures referred to in paragraph 1, first subparagraph, point (b), and in paragraph 2 shall be communicated by the Commission to the Member States, the competent authorities and applicant groups of third countries, as well as natural or legal persons who have a legitimate interest under Regulation (EU) No 1151/2012 via electronic mail.

4.For official technical communications concerning protected designations of origin, protected geographical indications and traditional specialities guaranteed, each Member State shall communicate to the Commission one contact point comprising a departmental and postal address, a functional electronic mail box address, and a departmental telephone number. The Member States shall keep these contact points up to date. This data shall only identify official functions, offices and departments. None of the data shall identify any natural persons nor personal details otherwise contained within addresses, contact numbers or other data items.

* Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

** Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).’;

(6)    the following Article is inserted:

‘Article 12a

Submission and receipt of communications

1.The communications and submissions referred to in Article 12 shall be deemed to have been made on the date on which they are received by the Commission.

2.The Commission shall confirm receipt of all communications received and all files submitted through the digital systems referred to in Article 12(1), first subparagraph, point (a), to the competent authorities of the Member States through the digital systems.

The Commission shall attribute a file number to each new application for registration, application for approval of a Union amendment, communication concerning approved standard amendments and communication concerning approved temporary amendments.

The confirmation of receipt shall include at least the following elements:

(a)the file number;

(b)the product name concerned;

(c)the date of receipt.

The Commission shall notify and make available information and remarks regarding such communications and submissions through the digital systems referred to in Article 12(1), first subparagraph, point (a).

3.For communications and submissions of files made via electronic mail, the Commission shall confirm receipt via electronic mail.

It shall attribute a file number to each new application for registration, application for approval of a Union amendment, communication concerning approved standard amendments and communication concerning approved temporary amendments.

The confirmation of receipt shall include at least the following elements:

(a)the file number;

(b)the product name concerned;

(c)the date of receipt.

The Commission shall notify and make available information and remarks regarding such communications and submission via electronic mail.

4.Article 4 of Delegated Regulation (EU) 2017/1183 and Articles 1 to 5 of Implementing Regulation (EU) 2017/1185 shall apply mutatis mutandis to the notification and making available of information as referred to in paragraphs 1 and 2 of this Article.’;

(7)    in Article 14, the following paragraph is added:

‘5.    The Register of protected designation of origin and protected geographical indications referred to in paragraph 1 shall be publicly accessible and established in electronic form. It shall be based on digital systems managed by the Commission and shall be updated in accordance with this Article.’;

(8)the following Article is inserted:

‘Article 14a

Data protection

1.The Commission and the Member States shall process and make public the personal data received in the course of the procedures for approval of Union amendments and for communication of standard and temporary amendments, pursuant to this Regulation, in accordance with Regulations (EU) 2018/1725* and (EU) 2016/679** of the European Parliament and of the Council. 

2.The Commission shall be considered controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the procedure it is competent for in accordance with Regulation (EU) No 1151/2012, Delegated Regulation (EU) No 664/2014 and this Regulation.

* Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

**     Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;(9)    Annexes V to VIII and XI are amended in accordance with Annex I to this Regulation. 

(9)    Annexes V to VIII and XI are amended in accordance with Annex I to this Regulation.

Article 2

Transitional rules

1.    Article 10 of Implementing Regulation (EU) No 668/2014 in its version before the date of application of this Regulation, shall continue to apply to the applications for non-minor and minor amendments, as well as to the communications of temporary amendment, to the product specification of protected designations of origin, protected geographical indications and traditional specialities guaranteed pending with the Commission before 8 June 2022.  

2.    Article 12 of Implementing Regulation (EU) No 668/2014 in its version before the entry into force[the date of application] of this Regulation, shall continue to apply to Member States until 7 December 2022 for applications for registration and for approval of Union amendments, as well as for communications of standard and temporary amendments, to the product specification of protected designations of origin and protected geographical indications.  

3.    Until 7 December 2022, Member States that continue to communicate in accordance with Article 12 of Implementing Regulation (EU) No 668/2014 in its version before the date of application of this Regulation, shall use:

(a)    Annex I to Implementing Regulation (EU) No 668/2014 for applications for registration of protected designations of origin and protected geographical indications;

(b)    Annex II to this Regulation for applications for approval of Union amendments to the product specification of protected designations of origin and protected geographical indications; 

(c)    Annex III to this Regulation for communications of standard amendment to the product specification of protected designations of origin and protected geographical indications;

(d)    Annex IV to this Regulation for temporary amendment to the product specification of protected designations of origin and protected geographical indications.

Article 3

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 8 June 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,