Within 2 months from the date of this publication, the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, may lodge, in accordance with Article 30 of Delegated Regulation (EU) 2019/33 (1), an objection with the Commission.

CANCELLATION REQUEST CONCERNING THE TRADITIONAL TERM

‘Vino de pago calificado’

Date of receipt: 1 April 2024

Number of pages (including this page): 3

Language of the request of cancellation: Spanish

File number: Ares(2024)2402098

Traditional term for which the cancellation is requested: Vino de pago calificado

Author of the cancellation request:

Name of the legal or natural person requesting the cancellation:

Directorate-General for Food, Spanish Ministry of Agriculture, Fisheries and Food

Full address (street number and name, town/city and postal code, country):

Po Infanta Isabel,1, 28071 Madrid, Spain

Nationality: Spanish

Telephone, fax, email:

Tel. +34 913475397

Fax +34 913475410

Email: dga@mapa.es; sgccala@mapa.es

Legitimate interest of the author of the request:

The applicant is the Spanish competent authority of the General State Administration.

Grounds for cancellation:

Explanation of ground(s) for cancellation:

[Provide duly substantiated reasons and justification, details of the facts, evidence and comments in support of the cancellation. Provide the necessary documents in case of a cancellation based on the existence of an earlier trademark of reputation and renown].

The reason for the cancellation is because this traditional term does not fulfil the condition of validity provided for in Article 27(1)(d) of Delegated Regulation (EU) 2019/33 as it is not a name ‘defined and regulated in the Member State’s legislation’.

The traditional term ‘Vino de pago calificado’ was governed in Spain by Law No 24/2003 of 10 July 2003, on Vines and Wine (https://www.boe.es/boe/dias/2003/07/11/pdfs/A27165-27179.pdf). This was included in Article 24.2 of the same law. However, this law has been replaced in this respect by Law No 6/2015 of 12 May 2015, currently in force, on protected designations of origin and geographical indications at supra-Autonomous-Community level which, in its Third Additional Provision, does not cover the traditional term ‘Vino de pago calificado’ (https://www.boe.es/buscar/pdf/2015/BOE-A-2015-5288-consolidado.pdf).

The Spanish authorities decided to delete it from the national rules because it had never been used.

DIRECTOR-GENERAL FOR FOOD

Signed

(1)   OJ L 9, 11.1.2019, p. 2, ELI: http://data.europa.eu/eli/reg_del/2019/33/oj.