Article 2, Point (19) · Regulation (EU) 2021/2117

Contents

(19)Article 53 is amended as follows:

(a)the title is replaced by the following:‘Article 53Amendments to product specifications’;

(b)paragraph 2 is replaced by the following:‘2.Amendments to a product specification shall be classified into two categories as regards their importance: Union amendments, requiring an opposition procedure at the Union level, and standard amendments to be dealt with at Member State or third country level.For the purposes of this Regulation, “Union amendment” means an amendment to a product specification that:

(a)includes a change in the name of the protected designation of origin or protected geographical indication, or in the use of that name;

(b)risks voiding the link referred to in Article 5(1), point (b), for protected designations of origin, or the link referred to in Article 5(2), point (b), for protected geographical indications;

(c)concerns a traditional speciality guaranteed; or

(d)entails further restrictions on the marketing of the product.

“Standard amendment” means any amendment to a product specification that is not a Union amendment.“Temporary amendment” means a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions formally recognised by the competent authorities.Union amendments shall be approved by the Commission. The approval procedure shall follow the procedure laid down in Articles 49 to 52, mutatis mutandis.The scrutiny of the application shall focus on the proposed amendment. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.Standard amendments shall be approved and made public by the Member State in whose territory the geographical area of the product concerned is located and communicated to the Commission. Third countries shall approve standard amendments in accordance with the law applicable in the third country concerned and communicate them to the Commission.’;

(c)paragraph 3 is replaced by the following:‘3.In order to facilitate the administrative process in relation to Union and standard amendments to product specifications, including where an amendment does not involve any change to the single document, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the amendment application process.The Commission may adopt implementing acts laying down detailed rules on the procedures for, form of and presentation of an amendment application for Union amendments, and on the procedures for and form of standard amendments and their communication to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’;