Section 2, Article 14 · Commission Implementing Regulation (EU) 2025/1956

Contents

Article 14Examination procedure of the Office#

1.In standard procedures, the Office shall focus its examination primarily on the single document, however, in the event of third-country applications and direct registrations, the Office shall cross-check the single document with the product specification to avoid possible differences.

10.In the case of direct registrations, pursuant to Article 20(5) of Regulation (EU) 2023/2411, the Office shall send through the digital system to the single point of contact its specific requests for clarification, shall indicate the specific aspects that the single point of contact is to examine and/or verify and shall indicate when a declaration is to be issued to verify that information. The Office in its examination shall rely on the declarations issued by the single point of contact.

11.In case of direct registrations, pursuant to Article 20 of Regulation (EU) 2023/2411, the Office shall archive all written communications with the single point of contact, that relate to the examination carried out by the Office.

2.In direct registrations, the Office shall examine the applications with the assistance of the single point of contact appointed by the Member States.

3.If an application does not meet the criteria referred to in Article 23(1) of Regulation (EU) 2023/2411, when addressing the observations under Article 23(6) of Regulation (EU) 2023/2411, the Office shall notify to the applicant and to the competent authority of the Member State from where the product originates, or in the case of direct registrations, the applicant, or, in the case of third-country applications, to the applicant or to the competent authority of the third country, as applicable, in the language the application was submitted, the following:

(a)the grounds for possible rejection;

(b)the deadline referred to in Article 23(6) of that Regulation for the rejection or correction or completion of the application or for the submission of comments;

(c)information that the application will be rejected if it is not completed or corrected within the deadline.

4.In case the applicant decides to withdraw the application, in the standard procedure, the competent authority of the Member State, in the case of direct registrations, the applicant, and in the case of third-country applications, the applicant or the competent authority of the third country, as applicable, shall inform the Office, through the digital system, about the withdrawal of the application. Withdrawn applications shall be deemed not filed.

5.The decision, in accordance with Article 29(1) of Regulation (EU) 2023/2411, stating the grounds for rejection shall be notified, to the applicant and the competent authority of the Member State from where the product originates, or in the case of direct registrations, to the applicant, and in the case of third-country applications, to the applicant or the competent authority of the third country, as applicable.

6.If the Geographical Indications Division, as established by Article 34 of Regulation (EU) 2023/2411 (‘Geographical Indication Division’) decides to consult the Advisory Board during the examination procedure as referred to in Article 23(5) of that Regulation, the applicant and the competent authority of the Member State and the applicant or competent authority of the third country, as applicable, from where the product originates, shall be notified through the digital system, of such consultation and of the suspension of the examination period as referred to in Article 23(5) of Regulation (EU) 2023/2411.

7.The Geographical Indications Division shall notify the opinion of the Advisory Board to the applicant and the competent authority or single point of contact of the Member State, in the official Union languages of the respective Member States and to the applicant or competent authority of the third country, as applicable, from where the product originates in the official Union language of submission of the application for registration.

8.In addition to paragraph 3, in the case of direct registrations, the Office shall examine if the application complies with the requirements referred to in Articles 6 and 8 of Regulation (EU) 2023/2411.

9.In the case of direct registrations, pursuant to Article 20(2) of Regulation (EU) 2023/2411, when addressing the observations under Article 23(6) of Regulation (EU) 2023/2411, when needed, the Office shall send the request to the applicant to provide supplementary information. The Office shall also notify the single point of contact about the request.