Commission Implementing Decision (EU) 2026/559 of 9 March 2026 rejecting an application for protection of a designation of origin SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА (PDO) (notified under document C(2026) 1481)
Date: 2026-03-09
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Serbia, designation of origin, labelling, product designation, wine








L_202600559EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/559


12.3.2026







            COMMISSION IMPLEMENTING DECISION (EU) 2026/559
of 9 March 2026
         
rejecting an application for protection of a designation of origin ‘SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ (PDO)


(notified under document C(2026) 1481)


(Only the English and Spanish texts are 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 to Article 97(4) thereof, before being amended by Regulation (EU) 2021/2117 of the European Parliament and of the Council (2),

Whereas:







(1)


The application for registration of the Serbian wine name ‘SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ as a protected designation of origin (PDO) was submitted to the Commission by Agroalimentacion y Calidad (AyC – based in Madrid) on behalf of the Kadarka Association (applicant group based in the Republic of Serbia) on 27 April 2011, in accordance with Article 118d(2) of Council Regulation (EC) No 1234/2007 (3), as amended by Council Regulation (EC) No 491/2009 (4).












(2)


In accordance with the transitional rules in Article 5(1) of Regulation (EU) 2021/2117, in Article 90(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council (5) and in Article 61 of Commission Delegated Regulation (EU) 2019/33 (6), and in the absence of transitional rules in Regulation (EU) No 1308/2013 and Commission Regulation (EC) No 670/2011 (7), Article 118c, 118d and 118g(1) and (2) of Regulation (EC) No 1234/2007 (as amended by Regulation (EC) No 491/2009), Articles 94 and 97(2) and (4) of Regulation (EU) No 1308/2013 (before being amended by Regulation (EU) 2021/2117) and Articles 11 and 12 of Commission Regulation (EC) No 607/2009 (8), as amended by Regulation (EC) No 670/2011, apply.












(3)


Pursuant to Article 118g(2) of Regulation (EC) No 1234/2007, as amended by Regulation (EU) No 491/2009, Article 97(2) of Regulation (EU) No 1308/2013, as it was applicable before being amended by Regulation (EU) 2021/2117, as well as Articles 11 and 12 of Regulation (EC) No 607/2009, as amended by Regulation (EC) No 670/2011, the Commission has examined the application for registration of the name ‘SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ as a protected designation of origin.












(4)


In accordance with Article 118d(1) of Regulation (EC) No 1234/2007, as amended by Regulation (EU) No 491/2009, and also Article 94(3) of Regulation (EU) No 1308/2013, before being amended by Regulation (EU) 2021/2117, where an application for protection concerns a geographical area in a third country, it is to contain, in addition to the elements required for applications concerning geographical areas in a Member State, proof that the name concerned is protected in its country of origin.












(5)


The Commission found that the condition regarding the submission of proof that ‘SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ was protected in Serbia had not been met.












(6)


Although the Commission made several requests for the submission of that proof (letters dated 29 August 2011, 20 March 2012 and 7 April 2015), the applicant group, in its replies, did not provide the said proof to the Commission. The applicant group sent its last letter to the Commission on 8 June 2015. The Commission has not received any communication from the applicant since that date. On 12 July 2017, the Commission sent the applicant group its last letter of comments.












(7)


By letter of 5 June 2015, the Ministry of Agriculture and Environmental Protection of the Republic of Serbia informed the Commission that the Kadarka Association had never applied for registration of the Protected Designation of Origin (PDO) ‘SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ in the Serbian national system for the protection of PDO and Protected Geographical Indication (PGI) in the wine sector. That system was in force in the Republic of Serbia as of 1 February 2013.












(8)


On 6 February 2024, the Commission sent a reminder letter to the applicant group, to enquire whether a reply was still to be expected and to inform them that the application could also be withdrawn. This letter was not received by the applicant as it was returned as undeliverable.












(9)


On 2 July 2024, the Commission was informed via the Ministry of Agriculture of the Republic of Serbia that the main representative of the applicant group was deceased and that his daughter was now registered as the representative of the applicant group. On 17 December 2024, the Commission invited her by letter to formally withdraw the application on the assumption that the applicant group was no longer interested in continuing the procedure. The Commission did not receive a reply.












(10)


On 14 May 2025, the Commission sent the applicant group a letter to inform them of its intention to reject the application on the grounds of failing to comply with the conditions for registration, due to the absence of proof of protection in the country of origin and the applicant group’s failure to respond.












(11)


In light of the information in its possession and in the continued absence of any reply from the applicant group, the Commission considers that, insofar as this information does not contain, in addition to the elements required for applications concerning geographical areas in a Member State, proof that the name concerned is protected in its country of origin, the application for registration of the name "SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА" as PDO, as submitted by the Kadarka Association, does not fulfil the requirements laid down in Article 118d(1) of Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 491/2009, and in Article 94(3) of Regulation (EU) No 1308/2013, before being amended by Regulation (EU) 2021/2117.












(12)


The application for registration of the name "SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА" as PDO should therefore be rejected.












(13)


The measures provided for in this Implementing Decision are adopted in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS DECISION:



Article 1
The application for registration of the name "SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА" as protected designation of origin (PDO) is rejected.


Article 2
This Decision is addressed to the applicant.




Done at Brussels, 9 March 2026.


For the Commission

Christophe HANSEN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(2)  Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262, ELI: http://data.europa.eu/eli/reg/2021/2117/oj).

(3)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1, ELI: http://data.europa.eu/eli/reg/2007/1234/oj).

(4)  Council Regulation (EC) No 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 154, 17.6.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/491/oj).

(5)  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 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj).

(6)  Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (OJ L 9, 11.1.2019, p. 2, ELI: http://data.europa.eu/eli/reg_del/2019/33/oj).

(7)  Commission Implementing Regulation (EU) No 670/2011 of 12 July 2011 amending Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 183, 13.7.2011, p. 6, ELI: http://data.europa.eu/eli/reg_impl/2011/670/oj).

(8)  Commission regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60, ELI: http://data.europa.eu/eli/reg/2009/607/oj).


ELI: http://data.europa.eu/eli/dec_impl/2026/559/oj
ISSN 1977-0677 (electronic edition)