L 193/60 Official Journal of the European Union 24.7.2009 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EQ) No 17822003, (EC) No 1290/2005, (EC) No 3/2008 and repeal- ing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Articles 52, 56, 63 and 126(a) thereof, Whereas: (1) Chapter IV of Title III of Regulation (EC) No 479/2008 lays down the general rules for protecting the designations of origin and geographical indications of certain wine sector products. (2)  To ensure that Community-registered designations of ori- gin and geographical indications meet the conditions laid down in Regulation (EC) No 479/2008, applications should be examined by the national authorities of the Member State concerned, in the context of a preliminary national objection procedure. Subsequent checks should be carried out to ensure that applications meet the condi- tions laid down by this Regulation, that the approach is uniform across the Member States and that registrations of designations of origin and geographical indications do not harm third parties. Consequently, the detailed implement- ing rules on application, examination, objection and can- cellation procedures for the designations of origin and geographical indications of certain wine sector products should be established. (3)  The conditions in which a natural or legal person may apply for registration should be defined. Particular atten- tion should be paid to defining the area concerned, taking into account the production zone and the characteristics of the product. Any producer established in the demarcated geographical area should be able to use the registered name provided the conditions laid down in the product specifi- cation are met. The demarcation of the area should be detailed, precise and unambiguous so that producers, the competent authorities and the control bodies can ascertain whether operations are being carried out within the demar- cated geographical area. (') O] L 148, 6.6.2008, p. 1. 4 (10) (11) Specific rules should be established concerning the regis- tration of designations of origin and geographical indications. The fact of restricting the packaging of a wine sector prod- uct with a designation of origin or a geographical indica- tion, or operations connected with the presentation of the product, to a defined geographical area constitutes a restriction on the free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice, such restrictions may be imposed only if they are necessary, proportionate and suitable to protecting the reputation of the designation of origin or geographical indication. Any restriction should be duly justified from the point of view of the free movement of goods and the freedom to provide services. Provisions should be made concerning the condition relat- ing to the production in the demarcated area. Indeed, a limited number of derogations exists in the Community. The details bearing out the link with the characteristics of the geographical area and their influence on the final prod- uct should also be defined. Entry in a Community register of designations of origin and geographical indications should also provide those involved in the trade and consumers with information. In order to ensure that it is accessible to all, it should be avail- able electronically. In order to preserve the particular character of wines with protected designations of origin and geographical indica- tions and to approximate the legislation of the Member States with a view to establishing a level playing field for competition within the Community, a Community legal framework governing checks on such wines, with which the specific provisions adopted by the Member States must comply, should be laid down. Such checks should make it possible to improve the traceability of the products in question and to specify the aspects which checks must cover. In order to prevent distortions of competition, checks should be carried out on an ongoing basis by inde- pendent bodies. In order to ensure that Regulation (EC) No 479/2008 is implemented in a consistent manner, models should be drawn up for applications, objections, amendments and cancellations. Chapter V of Title III of Regulation (EC) No 479/2008 lays down the general rules regarding the use of protected tra- ditional terms in connection with certain wine sector products.