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Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 19 CELEX: 32023R2411 Derogation from the national phase
1. The Commission shall be empowered to grant a Member State a derogation from the obligation, laid down in Section 1, to designate a competent authority and to process applications at national level, where the Member State, by 30 November 2024, provides the Commission with: (a) evidence showing that the Member State concerned does not have national specific protection for geographical indications for craft and industrial products; and (b) a request for such a derogation accompanied by an assessment demonstrating that the local interest for protecting geographical indications for craft and industrial products is low. 2. The Commission may request further information from the Member State before adopting a decision on the derogation referred to in paragraph 1. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 19 CELEX: 32023R2411 3. A Member State that has been granted a derogation in accordance with paragraph 1 may inform the Commission in writing that it has decided to no longer avail itself of that derogation and that it has decided to designate a competent authority for the purposes of the national phase of the registration procedure. Such decision of a Member State to cease to avail itself of the derogation shall not affect any ongoing registration procedures. 4. If the number of direct applications submitted in accordance with Article 20 by applicants from a Member State that has been granted a derogation in accordance with paragraph 1 of this Article substantially exceeds the estimate given in the assessment submitted by the Member State pursuant to that paragraph, the Commission may withdraw that derogation. 5. A Member State that has been granted a derogation in accordance with paragraph 1 shall appoint a single point of contact for any technical issues relating to products and applications and shall provide the Commission and the Office with its contact details. That single point of contact shall be independent of the applicants and impartial. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 19 CELEX: 32023R2411 6. A Member State that has been granted a derogation in accordance with paragraph 1 of this Article shall not be exempted from the obligations laid down in Articles 49 to 62. |