# L_2020170EN.01001501.xml

| 2.6.2020 | EN | Official Journal of the European Union | L 170/15 |
| --- | --- | --- | --- |

2.6.2020

EN

Official Journal of the European Union

L 170/15

---

COMMISSION IMPLEMENTING DECISION (EU) 2020/726

of 27 May 2020

rejecting an application for protection of a geographical indication in accordance with Article 97(4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (Commune de Champagne (PGI))

(notified under document C(2020) 3323)

(Only the French text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 97(4) thereof,

Whereas:

| (1) | In accordance with Article 97 of Regulation (EU) No 1308/2013, the Commission has examined the application for protection of the name ‘Commune de Champagne’ as a protected geographical indication, submitted by the Community of Vine and Wine of the municipality of Champagne, canton of Vaud, Switzerland (CVVCCVDCH) and its members (the applicant) on 3 November 2015. |
| --- | --- |

(1)

In accordance with Article 97 of Regulation (EU) No 1308/2013, the Commission has examined the application for protection of the name ‘Commune de Champagne’ as a protected geographical indication, submitted by the Community of Vine and Wine of the municipality of Champagne, canton of Vaud, Switzerland (CVVCCVDCH) and its members (the applicant) on 3 November 2015.

| (2) | In response to requests for clarification from the Commission, in particular on the protection of the name ‘Commune de Champagne’, the CVVCCVDCH sent a new version of the specification, together with a summary and additional information, on 1 December 2016 and 7 April 2017. |
| --- | --- |

(2)

In response to requests for clarification from the Commission, in particular on the protection of the name ‘Commune de Champagne’, the CVVCCVDCH sent a new version of the specification, together with a summary and additional information, on 1 December 2016 and 7 April 2017.

| (3) | The Commission has found that the name ‘Commune de Champagne’ is not included among the designations registered in the Swiss repertoire of controlled designations of origin held by the Federal Office for Agriculture pursuant to Article 25 of the Ordinance on wine-growing and importing wine, 916.140 of 14 November 2007. |
| --- | --- |

(3)

The Commission has found that the name ‘Commune de Champagne’ is not included among the designations registered in the Swiss repertoire of controlled designations of origin held by the Federal Office for Agriculture pursuant to Article 25 of the Ordinance on wine-growing and importing wine, 916.140 of 14 November 2007.

| (4) | Furthermore, after examination of the documentation submitted by the CVVCCVDCH, the Commission is of the opinion that the name ‘Commune de Champagne’ cannot be validly protected in Switzerland. Firstly, the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2), and in particular Article 8 of Annex 7 thereto, imposes an obligation on the Swiss Confederation to protect and reserve the name ‘Champagne’ on Swiss territory, provided that the wine originates from the European Union. Secondly, as regards Article 32 of the Regulation on wines from the canton of Vaud of 27 May 2009 (canton of Vaud, Swiss Confederation), the Commission notes that it concerns the right to display a local reference to wines with a controlled designation of origin and under certain conditions. This article lays down rules on the labelling of wines with a controlled designation of origin, in this case ‘Bonvillars’, in so far as it allows the reference to the municipality of origin of the grapes to be included on the label. It does not in itself confer the protection of the designation ‘Commune de Champagne’ as a geographical indication. |
| --- | --- |

(4)

Furthermore, after examination of the documentation submitted by the CVVCCVDCH, the Commission is of the opinion that the name ‘Commune de Champagne’ cannot be validly protected in Switzerland. Firstly, the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2), and in particular Article 8 of Annex 7 thereto, imposes an obligation on the Swiss Confederation to protect and reserve the name ‘Champagne’ on Swiss territory, provided that the wine originates from the European Union. Secondly, as regards Article 32 of the Regulation on wines from the canton of Vaud of 27 May 2009 (canton of Vaud, Swiss Confederation), the Commission notes that it concerns the right to display a local reference to wines with a controlled designation of origin and under certain conditions. This article lays down rules on the labelling of wines with a controlled designation of origin, in this case ‘Bonvillars’, in so far as it allows the reference to the municipality of origin of the grapes to be included on the label. It does not in itself confer the protection of the designation ‘Commune de Champagne’ as a geographical indication.

| (5) | The Commission thus establishes that the applicant has not provided proof that the name concerned is validly protected in its country of origin. The condition of Article 94(3) of Regulation (EU) No 1308/2013 is therefore not met. |
| --- | --- |

(5)

The Commission thus establishes that the applicant has not provided proof that the name concerned is validly protected in its country of origin. The condition of Article 94(3) of Regulation (EU) No 1308/2013 is therefore not met.

| (6) | It follows from the above that the conditions laid down in Title II, Chapter I, Section 2, Subsection 2, ‘Designations of origin and geographical indications’, of Regulation (EU) No 1308/2013 are not met. |
| --- | --- |

(6)

It follows from the above that the conditions laid down in Title II, Chapter I, Section 2, Subsection 2, ‘Designations of origin and geographical indications’, of Regulation (EU) No 1308/2013 are not met.

| (7) | The application for protection of the name ‘Commune de Champagne’ as a protected geographical indication should therefore be rejected in accordance with Article 97(4) of Regulation (EU) No 1308/2013. |
| --- | --- |

(7)

The application for protection of the name ‘Commune de Champagne’ as a protected geographical indication should therefore be rejected in accordance with Article 97(4) of Regulation (EU) No 1308/2013.

| (8) | The measure provided for in this Decision is in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(8)

The measure provided for in this Decision is in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

The application for registration of the name ‘Commune de Champagne’ is rejected.

Article 2

This Decision is addressed to the Community of Vine and Wine of the municipality of Champagne, canton of Vaud, Switzerland (CVVCCVDCH).

Done at Brussels, 27 May 2020.

For the Commission

Janusz WOJCIECHOWSKI

Member of the Commission

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 114, 30.4.2002, p. 132.

2

---