Title II, Chapter 2, Article 9 · Regulation (EU) 2024/1143

Contents

Article 9Applicant in the national stage of the procedure of registration#

1.Applications for the registration of geographical indications may only be submitted by an applicant producer group. An applicant producer group shall be an association, irrespective of its legal form, composed of producers of the same product the name of which is proposed for registration. Public bodies and other interested parties may assist in the preparation of the application and in the related procedure.

2.For the purposes of this Title, an authority designated by a Member State may be deemed to be an applicant producer group with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such a case, the application referred to in Article 10(2) shall state those reasons.

3.For the purposes of this Title, a single producer may be deemed to be an applicant producer group, where it is shown that all of the following conditions are fulfilled:

(a)that producer is the only producer willing to submit an application for the registration of a geographical indication;

(b)the geographical area concerned is defined on the basis of the link referred to in Article 49(1), point (f), of this Regulation, Article 94(1), point (i), of Regulation (EU) No 1308/2013 and Article 22(1), point (f), of Regulation (EU) 2019/787 and not on the basis of property boundaries; and

(c)the geographical area concerned has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas or, with respect to geographical indications of a spirit drink, the spirit drink has a specific quality, reputation or other characteristic which is clearly attributable to its geographical origin.

4.In the case of a geographical indication that designates a cross-border geographical area, several applicant producer groups from different Member States or third countries may lodge a joint application for the registration of a geographical indication. Such a joint application shall be addressed to all of the Member States concerned.