Date: 2026-03-12Category: Not ApplicableState: Union GovernmentCountry: Europe
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)
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
**Executive Summary**
This document is a Commission Implementing Decision dated 9 March 2026, officially rejecting the application for protection of the designation of origin 'SUBOTIČKO – HORGOŠKA PEŠČARA / СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА' (PDO). The rejection is based on the applicant's failure to provide proof of protection of the name in its country of origin, Serbia, and a lack of response to Commission communications.
**Key Points / Main Content**
**Application Details**
* An application for the registration of the Serbian wine name ‘SUBOTIČKO – HORGOŠKA PEŠČARA | СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ as a Protected Designation of Origin (PDO) was submitted on 27 April 2011 by Agroalimentacion y Calidad on behalf of the Kadarka Association.
**Legal Basis and Requirements**
* The application was examined in accordance with relevant Union regulations concerning the common organisation of agricultural markets and specific provisions for wine sector products.
* A key requirement for applications concerning geographical areas in a third country is proof that the name concerned is protected in its country of origin.
**Reasons for Rejection**
* The Commission found that the condition regarding the submission of proof of protection in Serbia had not been met.
* Despite multiple requests for this proof, spanning from 2011 to 2015, the applicant group did not provide it.
* The Ministry of Agriculture and Environmental Protection of Serbia informed the Commission that the Kadarka Association had never applied for registration of the PDO in the Serbian national system.
* The applicant group failed to respond to subsequent communications from the Commission, including a reminder letter and an invitation to withdraw the application.
* The Commission considers that the application does not fulfil the requirements due to the absence of proof of protection in the country of origin and the applicant group's failure to respond.
**Decision**
* The application for registration of the name ‘SUBOTIČKO – HORGOŠKA PEŠČARA | СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ as a PDO is rejected.
**Impact Analysis**
**Kadarka Association (Applicant Group)**
* **Impact**: The application for PDO protection for the wine name ‘SUBOTIČKO – HORGOŠKA PEŠЧАРА | СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА’ has been formally rejected. This means the wine will not benefit from EU-wide PDO status.
* **Action Required**: No specific action is required from the Kadarka Association as the decision is final regarding this application. They are the recipient of the decision.
**European Commission**
* **Impact**: The Commission has fulfilled its regulatory responsibility to examine and decide on the application based on established criteria and procedures.
* **Action Required**: To formally notify the applicant of this decision. The decision has been adopted and addressed to the applicant.
**Republic of Serbia (Ministry of Agriculture and Environmental Protection)**
* **Impact**: The decision confirms that the PDO application processed by the EU has been rejected due to issues relating to national protection.
* **Action Required**: No specific action is required by the document; however, awareness of the outcome of the EU application process is relevant to national authorities.
Key Entities Referenced
Regulation (EU) No 1308/2013: Establishes a common organisation of the markets in agricultural products, and is a key legal basis for the decision.
COMMISSION IMPLEMENTING DECISION (EU) 2026/559: The specific decision being documented, which rejects an application for protection of a designation of origin.
SUBOTIČKO – HORGOŠKA PEŠČARA | СУБОТИЧКО – ХОРГОШКА ПЕШЧАРА: The specific designation of origin (PDO) for a wine product that is the subject of the application and rejection.
Council Regulation (EC) No 1234/2007: An earlier regulation related to the common organisation of agricultural markets, referenced as a basis for the application process.
Republic of Serbia: The country of origin of the designation of origin application, central to the issue of proof of protection.
Official Journal EN
of the European Union 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)
(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).
ELI: http://data.europa.eu/eli/dec_impl/2026/559/oj 1/3EN
OJ L, 12.3.2026
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.
(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).
2/3 ELI: http://data.europa.eu/eli/dec_impl/2026/559/ojEN
OJ L, 12.3.2026
(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
ELI: http://data.europa.eu/eli/dec_impl/2026/559/oj 3/3