1. For a product designated by a geographical indication and originating in the Union, the verification of compliance with the corresponding product specification shall be carried out by means of a self-declaration. The self-declaration shall be made using the standard form set out in Annex I and shall contain the required information as specified in that Annex.
2. Prior to placing the product on the market, producers shall submit a self-declaration to the competent authority referred to in Article 50(1). Once the product is on the market, producers shall resubmit a self-declaration every three years to demonstrate continued compliance of the product with the product specification. Where the product specification is amended in a way that affects the product concerned, the self-declaration shall be updated without delay.
3. The competent authority shall check, at least, that the information provided in the self-declaration is complete and consistent. Where the competent authority is satisfied that the information provided in the self-declaration is complete and consistent and it has no other reservations concerning compliance, the competent authority shall issue a certificate of authorisation to use the geographical indication for the product concerned or renew the existing certificate. In the event of obvious errors or inconsistencies in the self-declaration, the producer shall be given the possibility of completing or correcting the self-declaration.
4. Verification based on self-declaration shall not prevent producers from having compliance of the product with the product specification verified by product certification bodies or natural persons.
5. For the purpose of verifying that the product covered by a self-declaration is compliant, controls, which can take place before and after the product has been placed on the market, shall be carried out, based on a risk analysis and, if available, on notifications by interested producers of products designated by the geographical indication, by:
(a)
the competent authority; or
(b)
one or more product certification bodies or natural persons to which control tasks have been delegated in accordance with Article 55.
6. In the event of non-compliance, the competent authority shall take the necessary measures to remedy the situation.
7. The Commission is empowered to adopt delegated acts in accordance with Article 69 to amend this Regulation by modifying, where relevant, the information and requirements in relation to the standard form set out in Annex I.
Home› Intellectual Property› Craft and Industrial Geographical Indications Regulation
Chapter 3 · Procedures at Union level and tasks of the Office › Section 2 · Organisation and tasks of the Office › Article 51
Verification of compliance based on self-declaration
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