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S.L. 427.52 · Geographical Indications And (S.L. 427.52)

S.L. 427.52 Art. 2006Inspection structure.

In KraftAmtlicher Text

The summary shall include:

(a) the name and address of the applicant;

(b) the name of the product for which protection is sought;

(c) the main points of the application. 7.3. A period of two months from the date of publication in the Gazette shall be allowed for comments or objections prior to transmission of the application to the European Commission. 7.4. Any natural or legal person residing in Malta who can demonstrate a legitimate economic interest may submit a formal objection, in writing, to the Authority in respect of any application during the two month period referred to in regulation 7.3.

7.5. In the event of a formal objection pursuant to regulation 7.4, the Authority may, after having consulted the Standing Committee:

(a) accept the original application and reject the objection,

(b) uphold the objection and reject the application in its totality,

(c) request specific amendments to the specification or to the supporting documentation originally provided. 7.6. In the event of a revised application being submitted pursuant to regulation 7.5(c), the two month period referred to in regulation 7.3 shall be extended by a further one month following submission of the revised application. Receipt of the revised application shall be notified by the Authority in the Gazette. 7.7. Objections to revised applications shall only be considered if they refer to points or supporting documents not contained in the original application.

8.1. The Authority shall, by not later than 1st November 2004, establish an inspection structure in order to ensure that agricultural products and foodstuffs bearing a protected name meet the requirements laid down in the specifications. 8.2. All products produced in Malta, falling within the scope of Council Regulation (EC) No. 510/2006 and granted protection in terms of that Regulation, shall be subject to inspection by the Authority. 8.3. Officials duly authorized by the Authority shall be permitted free and unhindered access to all production sites, including private dwellings where such production may be carried out, for the purpose of inspection. 8.4. The Minister may, in accordance with the provisions of the Malta Standards Authority Act, prescribe the fees or charges that may be charged in respect of:

(a) inspection of agricultural products and foodstuffs bearing a protected name,

(b) registration of producers pursuant to regulation 8.5. 8.5. A register shall be kept by the Authority for each product produced in Malta, granted recognition in accordance with Council Regulation (EC) No. 510/2006 and subject to inspection by the Authority. Registration shall be compulsory for all producers of such products. 8.6. The register referred to in regulation 8.5 shall be open to all producers complying with the requirements laid down in the specification.

8.7. All persons listed in the register referred to in regulation 8.5 shall be subject to periodic and random inspection at intervals which shall be determined by the Authority, taking into account the nature of the product, its seasonality, the likelihood of deviation from the product specification, the potential risk to human health which may be posed by poor agricultural and hygienic practices, the reputation of the product and the number and distribution of producers. 8.8. The register shall contain the following details, for each producer:

(a) the name of the individual producer,

(b) a unique identification number, to be determined by the Authority,

(c) the address or location of the production or cultivation site or sites, referring to such identification systems as may be determined by the Authority,

(d) information relevant to the product, as may be determined by the Authority. 8.9. The name of the Malta Standards Authority, or symbol which may be determined by the Authority, shall appear on the label of agricultural products or foodstuffs granted protection in terms of Council Regulation (EC) No 510/2006 and subject to inspection by the Authority, together with -

(a) the identification number of the producer, referred to in regulation 8.6(a),

(b) the protected name of the product in Maltese and optionally, additionally in English,

(c) one of the following designations in Maltese, immediately following the protected name of the product, according to the nature of the protection granted under Council Regulation (EC) No 510/2006: i. ‘Denominazzjoni Protetta ta’ Ori[ini’ ii. ‘DPO’ {eografika iii. ‘Indikazzjoni Protetta’ iv. ‘I{P’ Optionally, one of the following designations in English: v. ‘Protected Designation of Origin’ vi. ‘PDO’ vii. ‘Protected Geographical Indication’ viii. ‘PGI’, or the Community symbol established by Commission Regulation (EC) No 1898/2006.

8.10. The Authority shall remove from the register any person who repeatedly refuses to cooperate with the Authority during the inspection process, or who is not producing the product in question in accordance with the specification. 9.1. No reference should be made to -

(a) any of the terms mentioned in regulation 8.9(c);

(b) the symbol determined by the Authority in accordance with regulation 8.9;

(c) the Community symbol established by Commission Regulation (EC) No 1898/2006;

(d) any other term or symbol intended to give the impression that the product has been granted protection in terms of Council Regulation (EC) No 510/2006, in the labeling, presentation or advertising of any agricultural product or foodstuff which has not been granted protection in accordance with Council Regulation (EC) No 510/2006. 10.1 Names of products granted transitional national protection according to Article 5(6) of Council Regulation (EC) No 510/2006

are included in the First Schedule.

10.2 Following a decision on the registration of the product according to Council Regulation (EC) No 510/2006, the names mentioned in regulation 10.1 are included in the Second Schedule, in case of a positive decision.

First Schedule

Names of products for which a transitional national protection has been granted

Name of product Lumi Larin[ ta’ G]awdex

Second Schedule

Names of products registered under Council Regulation (EC) No 510/2006

Name of product Designation (PDO/PGI)

Änderungsgeschichte
  • Amended by L.N. 305 of 2008