Wine Law

11 area 24 . Subsequent Regulation (EU) No 1308/2013 25 repealed and replaced Regulation 1234/2007 26 . Sections 2 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 laid down rules on designations of origin, geographical indications, traditional terms, labelling and presentation in the wine sector and empower the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the wine market in the new legal framework, the European lawmakers decided that specific rules were to be adopted through Commission delegated acts intended to replace the provisions of Regulation No 607/2009. Regulation (EU) 2019/33 of 17 October 2018 27 , having regard to the above-mentioned Regulation 1308/2013, acknowledged, among other, that rules of procedure concerning DOs and GIs in the wine sector were inconsistent with the rules applicable to quality schemes in the foodstuffs, spirit drinks and aromatised wines sectors of Union law. It has been the scope of the EU lawmakers to simplify, clarify, complete and harmonise, through Regulation 2019/33, the procedures concerning DOs and GIs in the wine sector. These are supposed to be modelled, as far as possible, on the efficient and well-tested procedures for protecting intellectual property rights relating to agricultural products and 24 The fact of restricting the packaging of a wine sector product with a DO or a GI, 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 only be imposed if they are necessary, proportionate to and suitable for 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. 25 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. 26 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). 27 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.