The Government approves a RD with the new disposals for the registration of the DOP and the IGP in the community register
7 March 2014
The Council of Ministers has approved a Royal decree by which modifies the valid rule on regulation of the procedure for the processing of the applications of registration of the Denominations of Origin Protected (DOP) and of the Geographic Indications Protected (IGP) in the community register.
The new norm incorporates to the internal right the new requests established in this matter by the EU, through the Regulation of the European Parliament and of the Council, on the diets of quality of the agricultural and alimentary products.
The most important modification roots in the application of the transitory national protection, that is the disposal that adopts the competent authority of the Been member for the protection of the name associated to an application of recognition of a DOP and IGP and that only surte effects in the national territory, not being able to affect to the inner trade of the European Union.
Once registered the product, or refused the application, by the European Commission, this national protection remains without effect.
Like this, the Royal decree establishes that, for the products protected by the Regulation EU of the European Parliament and of the Council, only will concede the transitory national protection to the new applications of DOP or IGP of agricultural and alimentary products, but no to the application of a modification of the fold of conditions of the DOP or IGP already recognised.
Of this form, those DOP or IGP of agricultural and alimentary products that already are recognised inside the European Union and request a modification of the fold of conditions, will not be able to commercialise the products obtained under the new conditions until not receiving the approval and recognition to this modification by part of the European Commission.
On the other hand in the norm establishes also, on line with the requirements of the community Regulation, a modification in the term for the presentation of the statements of opposition to applications presented by other States members or third countries.
Finally, the norm simplifies and clarifica, aunando two articles in one, the administrative processing of the comprobación and the advertising of the applications.
