III. CERTIFICATION PROCEDURES To address the chosen topic, it is useful to briefly outline the procedure for recognising a new GI or modifying the relevant production specification. Both Regulation (EU) No 1151/2012 (now repealed) and Regulations (EU) Nos 1308/2013 and 2019/787 introduced substantially overlapping rules, developed through preliminary national and subsequent European phases8. This two-stage mechanism is still in force. In particular, the application for PDO recognition may be submitted by an association of producers and/or processors operating in the defined geographical area and producing or processing the specific product. The submission of the application to the Ministry of Agriculture, Food and Forestry initiates a procedural process characterised by preliminary, national, EU and inspection stages, the aim of which is to ensure that the product meets the specific requirements of the PDO and complies with the regulations. During the national phase, the Member State receives the application for registration, examines its content to verify its compliance with regulatory requirements and, if these are met, proceeds to publish the application. Once this publication has been completed and any objections received have been resolved, it may adopt a favourable decision and forward the relevant file to the Commission. Once the application file has been received, the Commission will assess its justification, compliance with legal requirements and any consideration of the interests of operators established outside the Member State. If the assessment is positive, the request will be published in the Official Journal of the European Union. Within three months, holders of a legitimate interest may notify an objection. If the proposal is deemed admissible, a consultation phase will begin between the various stakeholders, which must be completed within three months, with the possibility of an extension. If an agreement is reached, the Commission will publish a compliant implementing act; otherwise, it will initiate the so-called committee procedure. With regard to the relationship between the national 8 The issue of the division of powers between Member States and the Commission in PDO and PGI registration procedures is addressed by I. Canfora, I disciplinari di produzione DOP e IGP: ripartizione di competenze tra Stati membri e organi comunitari, op. cit., p. 16; C. Gernone, Le modifiche al disciplinare di produzione DOP o IGP e la ripartizione di competenze tra Commissione e Stati membri, in Dir.giur. agr. alim. amb., 2020, 4, p. 1. This issue is covered in numerous rulings, see CGCE, 6 dicembre 2001, in causa C-267/99, cit., CGUE, 2 luglio 2009, C-343/07, Bavaria NV e Bavaria Italia s.r.l., CGUE, 29 gennaio 2020, C-785/18, GAEC Jeanningros contro Institut national de l’origine et de la qualité (INAO) e altri. 400 STEFANIA PEDRABISSI
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