See replies to questions 1 – 4 above.
[Answer 1: Wines and Spirits: Geographical indications and appellations of origin are protected ex officio. Recognition at national level as well as registration and publication in the EU Official Journal are required (see Regulations (EEC) 822/87 Article 72, 823/87 Article 1, 2392/89 Article 2, 1576/89 Article 5, 1601/91 Article 6; national laws: Legislative Decree 243/69 Articles 4 and 5, Law 427/76 Articles 3 and 4). Protection is accorded on the condition that the products concerned are produced within the boundaries of specific regions and that certain strictly defined criteria such as: vine varieties, yields per Ha, cultivation and pruning techniques, minimum alcoholic content, organoleptic characteristics etc, are met. Protection is provided against any misuse or imitation even if the indication is used in translation or with reference to the actual origin or with additions such as "type", "method", "style", "kind", "imitation" or the like. Other agricultural products and foodstuffs: Registration of protected geographical indications and appellations of origin at the Community level is needed (Regulation (EEC) 2081/92 Articles 5, 6 and 7). A group of producers must submit a detailed application for registration. Natural or legal persons may also submit an application under certain conditions (Regulation (EEC) 2037/93 Article 1). The application should be submitted to the competent regional directorate for agriculture and must contain at least the information and data specified in Article 4 of Regulation (EEC) 2081/92. A first examination of the application takes place at local level. The file together with the opinion of the regional directorate of agriculture as well as the views of other relevant bodies in the region having an economic interest is transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at the national level. After that the file is transmitted to the Commission of the EU. Within six months, the Commission must take a final decision and publishes the application in the Official Journal of the EU. Following publication a six month period is opened for objections by interested parties (other member States or any natural or legal person having a legitimate economic interest). Appropriately registered geographical indications and appellations of origin are protected ex officio against any misuse as referred to in Article 13 of Regulation (EEC) 2081/92.]
[Answer 2: No, different regimes exist for the protection of geographical indications and denominations of origin as follows: Wines: Regulations (EEC) 2247/73, 822/87, 823/87, 2392/89, 3886/89, 3201/90, laying down special provisions relating to the quality wines produced in specified regions, as well as establishing general rules for the designation and presentation of wines and grape musts. In addition national laws (i.e. Legislative Decree 243/25.7.69, Law 427/31.8.76) setting general rules concerning procedures, inspections, imposition of penalties and criminal procedures for protected geographical indications and designations of origin are applied. Spirits: Regulations (EEC) 1576/89, 3378/94 laying down general rules on the definition, description and presentation of spirit drinks. Other agricultural products and foodstuffs: Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. In addition, national laws (i.e. Law 2040/92 Article 11, Presidential decrees 61/93, 81/93, 291/93) setting general rules concerning the definition, presentation, inspection, imposition of penalties and other criminal procedures in relation to olive oil and other agricultural products and foodstuffs are also applied.]
[Answer 3: No]
[Answer 4: See replies to question 1 above. Also the following provisions are applied: • Wines: Article 72a of Regulation (EEC) 822/87, Article 10a of Regulation (EEC) 601/91. Articles 14, 15, 16 and 17 of Legislative Decree 243/69 as amended by Law 427/76. • Spirits: Article 11a of Regulation (EEC) 1576/89. • Other agricultural products and foodstuffs: In addition to the provisions of Regulation (EEC) 2081/92, Article 11 of Law 2040/92 is applied.]