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Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012

article  39

CELEX:  32024R1143

Verification of compliance with the product specification
1. For the purposes of this Chapter, each operator wishing to participate in any activity covered by the product specification of a product designated by a geographical indication shall notify the competent authorities, delegated bodies or natural persons referred to in paragraph 3, points (a) and (b). Member States shall draw up and keep up-to-date a list of operators who perform activities subject to one or more obligations provided for in the product specification of a product designated by a geographical indication entered in the Union register of geographical indications originating in their territory.
2. Producers are responsible for own controls that ensure compliance with the product specification of products designated by geographical indications before the product is placed on the market.
Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012

article  39

CELEX:  32024R1143

3. In addition to own controls referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, verification of compliance with the product specification, shall be carried out by:
(a) one or more competent authorities within the meaning of Article 3, point (3), of Regulation (EU) 2017/625; or (b) one or more delegated bodies or natural persons to which certain official control tasks have been delegated, as referred to in Title II, Chapter III, of Regulation (EU) 2017/625.
4. In respect of geographical indications that designate products originating in a third country, the verification of compliance with the product specification, before placing the product concerned on the market, shall be carried out by:
(a) one or more competent authorities designated by the third country; or (b) one or more product certification bodies.
Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012

article  39

CELEX:  32024R1143

5. If an activity covered by the product specification is carried out by one or more operators in a country other than the country of the origin of the geographical indication, provisions for verification of compliance of those operators shall be set out in the product specification. If the relevant operation takes place in the Union, the operators shall notify it to the competent authorities of the Member State where the operation takes place and be subject to verification.
6. Where a Member State applies Article 9(2), the verification of compliance with the product specification shall be ensured by an authority other than that deemed to be a producer group under that paragraph.
7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. Member States may collect fees or charges to cover, in whole or in part, the costs of official controls and other official activities.
Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012

article  39

CELEX:  32024R1143

8. The Commission shall adopt implementing acts concerning:
(a) the communication to be made by third countries to the Commission, including on names and addresses of the competent authorities and product certification bodies;
(b) the arrangements for monitoring and verifying the operations provided for in paragraph 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).