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Статья 59Регламент № 1151/2012 Европейского парламента и Совета Европейского Союза
Документ утратил силу 03.11.2026.
Актуально на 04.11.2026.
Как цитировать: Статья 59. Регламент N 1151/2012 Европейского парламента и Совета Европейского Союза. 1151/2012. https://bukva.ai/docs/reglament-11512012/statya-59
Настоящий Регламент вступает в силу на двадцатый день после его публикации в Официальном Журнале Европейского Союза.
При этом положения Статьи 12(3) и Статьи 23(3) должны применяться с 4 января 2016 г. без ущерба для продуктов, уже размещенных на рынке до вышеуказанной даты.
Настоящий Регламент обязателен во всей своей полноте и подлежит непосредственному применению во всех государствах-членах ЕС.
СЕЛЬСКОХОЗЯЙСТВЕННАЯ ПРОДУКЦИЯ И ПРОДУКТЫ ПИТАНИЯ,
УКАЗАННЫЕ В СТАТЬЕ 2(1)
I. Маркировка происхождения и географическая маркировка:
- пиво;
- шоколад и производные продукты;
- хлеб, мучные изделия, пирожные и кондитерские изделия, печенье и другие пекарные изделия;
- напитки на основе растительных экстрактов;
- макаронные изделия;
- соль;
- природные камеди и смолы;
- горчичная паста;
- сено;
- цветы и декоративные растения;
- мех;
- перо;
- ароматизированные вина согласно Статье 3(2) Регламента (ЕС) 251/2014;
- другие алкогольные напитки, за исключением спиртных напитков и продукции из винограда согласно Приложению VII, Часть II, к Регламенту (ЕС) 1308/2013;
- пчелиный воск.
- шоколад и производные продукты;
- хлеб, мучные изделия, пирожные и кондитерские изделия, печенье и другие пекарные изделия;
КОРРЕЛЯЦИОННАЯ ТАБЛИЦА,
УКАЗАННАЯ В СТАТЬЕ 58(2)
| Регламент (ЕС) 510/2006 | Настоящий Регламент |
|---|---|
| Статья 1(1) | Статья 2(1) и (2) |
| Статья 1(2) | Статья 2(3) |
| Статья 1(3) | Статья 2(4) |
| Статья 2 | Статья 5 |
| Статья 3(1), первый подпараграф | Статья 6(1) |
| Статья 3(1), второй и третий подпараграфы | Статья 41(1), (2) и (3) |
| Статья 3(2), (3) и (4) | Статья 6(2), (3) и (4) |
| Статья 4 | Статья 7 |
| Статья 5(1) | Статья 3, пункт (2), и Статья 49(1) |
| Статья 5(2) | Статья 49(1) |
| Статья 5(3) | Статья 8(1) |
| Статья 5(4) | Статья 49(2) |
| Статья 5(5) | Статья 49(3) |
| Статья 5(6) | Статья 9 |
| Статья 5(7) | Статья 8(2) |
| Статья 5(8) | - |
| Статья 5(9), первый подпараграф | - |
| Статья 5(9), второй подпараграф | Статья 49(5) |
| Статья 5(10) | Статья 49(6) |
| Статья 5(11) | - |
| Статья 6(1), первый подпараграф | Статья 50(1) |
| Статья 6(2), первый подпараграф | Статья 50(2), пункт (a) |
| Статья 6(2), второй подпараграф | Статья 52(1) |
| Статья 7(1) | Статья 51(1), первый подпараграф |
| Статья 7(2) | Статья 51(1), второй подпараграф |
| Статья 7(3) | Статья 10 |
| Статья 7(4) | Статья 52(2) и (4) |
| Статья 7(5) | Статья 51(3) и Статья 52(3) и (4) |
| Статья 7(6) | Статья 11 |
| Статья 7(7) | Статья 51(5) |
| Статья 8 | Статья 12 |
| Статья 9 | Статья 53 |
| Статья 10(1) | Статья 36(1) |
| Статья 10(2) | Статья 46(1) |
| Статья 10(3) | Статья 37(3), второй подпараграф |
| Статья 11(1) | Статья 37(1) |
| Статья 11(2) | Статья 37(2) |
| Статья 11(3) | Статья 39(2) |
| Статья 11(4) | Статья 36(2) |
| Статья 12 | Статья 54 |
| Статья 13(1) | Статья 13(1) |
| Статья 13(2) | Статья 13(2) |
| Статья 13(3) | Статья 15(1) |
| Статья 13(4) | Статья 15(2) |
| Статья 14 | Статья 14 |
| Статья 15 | Статья 57 |
| Статья 16, пункт (a) | Статья 5(4), второй подпараграф |
| Статья 16, пункт (b) | - |
| Статья 16, пункт (c) | - |
| Статья 16, пункт (d) | Статья 49(7) |
| Статья 16, пункт (e) | - |
| Статья 16, пункт (f) | Статья 51(6) |
| Статья 16, пункт (g) | Статья 12(7) |
| Статья 16, пункт (h) | - |
| Статья 16, пункт (i) | Статья 11(3) |
| Статья 16, пункт (j) | - |
| Статья 16, пункт (k) | Статья 54(2) |
| Статья 17 | Статья 16 |
| Статья 18 | Статья 47 |
| Статья 19 | Статья 58 |
| Статья 20 | Статья 59 |
| Приложение I и Приложение II | Приложение I (Часть I) |
REGULATION (EU) No. 1151/2012
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON QUALITY
SCHEMES FOR AGRICULTURAL PRODUCTS AND FOODSTUFFS <*>
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017, Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021)
(Corrected by: Corrigendum, OJ L 55, 27.2.2013, p. 27 (1151/2012), Corrigendum, OJ L 137, 24.5.2017, p. 40 (2017/625))
<*> This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document.
1. This Regulation aims to help producers of agricultural products and foodstuffs to communicate the product characteristics and farming attributes of those products and foodstuffs to buyers and consumers, thereby ensuring:
(a) fair competition for farmers and producers of agricultural products and foodstuffs having value-adding characteristics and attributes;
(b) the availability to consumers of reliable information pertaining to such products;
(c) respect for intellectual property rights; and
(d) the integrity of the internal market.
The measures set out in this Regulation are intended to support agricultural and processing activities and the farming systems associated with high quality products, thereby contributing to the achievement of rural development policy objectives.
2. This Regulation establishes quality schemes which provide the basis for the identification and, where appropriate, protection of names and terms that, in particular, indicate or describe agricultural products with:
(b) value-adding attributes resulting from the farming or processing methods used in their production, or from the place of their production or marketing, or from their possible contribution to sustainable development.
1. This Regulation covers agricultural products intended for human consumption listed in Annex I to the Treaty and other agricultural products and foodstuffs listed in Annex I to this Regulation.
In order to take into account international commitments or new production methods or material, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, supplementing the list of products set out in Annex I to this Regulation. Such products shall be closely linked to agricultural products or to the rural economy.
2. This Regulation shall not apply to spirit drinks or grapevine products as defined in Annex VII, Part II, to Regulation (EU) No 1308/2013, with the exception of wine-vinegars.
3. Registrations made pursuant to Article 52 are without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market and to food labelling.
4. Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services <*> shall not apply to the quality schemes established by this Regulation.
<*> OJ L 204, 21.7.1998, p. 37.
(1) «quality schemes» means the schemes established under Titles II, III and IV;
(2) «group» means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product;
(3) «traditional» means proven usage on the domestic market for a period that allows transmission between generations; this period is to be at least 30 years;
(4) «labelling» means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff;
(5) «specific character» in relation to a product means the characteristic production attributes which distinguish a product clearly from other similar products of the same category;
(6) «generic terms» means the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union;
(7) «production step» means production, processing or preparation;
(8) «processed products» means foodstuffs resulting from the processing of unprocessed products. Processed products may contain ingredients that are necessary for their manufacture or to give them specific characteristics.
A scheme for protected designations of origin and protected geographical indications is established in order to help producers of products linked to a geographical area by:
(a) securing fair returns for the qualities of their products;
(b) ensuring uniform protection of the names as an intellectual property right in the territory of the Union;
(c) providing clear information on the value-adding attributes of the product to consumers.
Requirements for designations of origin and geographical indications
1. For the purpose of this Regulation, a «designation of origin» is a name, which may be a traditionally used name, which identifies a product:
(a) originating in a specific place, region or, in exceptional cases, country;
(b) whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and
(c) the production steps of which all take place in the defined geographical area.
2. For the purpose of this Regulation, a «geographical indication» is a name, including a traditionally used name, which identifies a product:
(a) originating in a specific place, region or country;
(b) whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and
(c) at least one of the production steps of which takes place in the defined geographical area.
3. Notwithstanding paragraph 1, certain names shall be treated as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that:
(a) the production area of the raw materials is defined;
(b) special conditions for the production of the raw materials exist;
(c) there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and
(d) the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004.
Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.
4. In order to take into account the specific character of production of products of animal origin, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.
In addition, in order to take into account the specific character of certain products or areas, the Commission shall be empowered to adopt delegated acts in accordance with Article 56, concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials.
These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.
Generic nature, conflicts with names of plant varieties
and animal breeds, with homonyms and trade marks
1. Generic terms shall not be registered as protected designations of origin or protected geographical indications.
2. A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product or to cause confusion between products with the registered designation and the variety or breed in question.
The conditions referred to in the first subparagraph shall be assessed in relation to the actual use of the names in conflict, including the use of the name of the plant variety or animal breed outside its area of origin and the use of the name of a plant variety protected by another intellectual property right.
3. A name proposed for registration that is wholly or partially homonymous with a name already entered in the register established under Article 11 may not be registered unless there is sufficient distinction in practice between the conditions of local and traditional usage and presentation of the homonym registered subsequently and the name already entered in the register, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
4. A name proposed for registration as a designation of origin or geographical indication shall not be registered where, in the light of a trade mark's reputation and renown and the length of time it has been used, registration of the name proposed as the designation of origin or geographical indication would be liable to mislead the consumer as to the true identity of the product.
1. A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:
(a) the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;
(b) a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;
(c) the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);
(d) evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);
(e) a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;
(f) details establishing the following:
(i) as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); the details concerning human factors of that geographical environment may, where relevant, be limited to a description of the soil and landscape management, cultivation practices or any other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in that paragraph;
(ii) as regards a protected geographical indication, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);
(g) the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;
(h) any specific labelling rule for the product in question.
The product specification may contain a description of the contribution of the designation of origin or geographical indication to sustainable development.
2. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.
The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. An application for registration of a designation of origin or geographical indication pursuant to Article 49(2) or (5) shall include at least:
(a) the name and address of the applicant group and of the authorities or, if available, bodies verifying compliance with the provisions of the product specification;
(b) the product specification provided for in Article 7;
(c) a single document setting out the following:
(i) the main points of the product specification: the name, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;
(ii) a description of the link between the product and the geographical environment or geographical origin referred to in Article 5(1) or (2), as the case may be, including, where appropriate, the specific elements of the product description or production method justifying the link.
An application as referred to in Article 49(5) shall, in addition, include proof that the name of the product is protected in its country of origin.
2. An application dossier referred to in Article 49(4) shall comprise:
(a) the name and address of the applicant group;
(b) the single document referred to in point (c) of paragraph 1 of this Article;
(c) a declaration by the Member State that it considers that the application lodged by the applicant group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;
A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.
Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn.
Where a name is not registered under this Regulation, the consequences of such national protection shall be the sole responsibility of the Member State concerned.
The measures taken by Member States under the first paragraph shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.
1. A reasoned statement of opposition as referred to in Article 51(1) shall be admissible only if it is received by the Commission within the time limit set out in that paragraph and if it:
(a) shows that the conditions referred to in Article 5 and Article 7(1) are not complied with;
(b) shows that the registration of the name proposed would be contrary to Article 6(2), (3) or (4);
(c) shows that the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in point (a) of Article 50(2); or
(d) gives details from which it can be concluded that the name for which registration is requested is a generic term.
2. The grounds for opposition shall be assessed in relation to the territory of the Union.
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 57(2), establishing and maintaining a publicly accessible updated register of protected designations of origin and protected geographical indications recognised under this scheme.
2. Geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.
3. The Commission may adopt implementing acts laying down detailed rules on the form and content of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
4. The Commission shall make public and regularly update the list of the international agreements referred to in paragraph 2 as well as the list of geographical indications protected under those agreements.
1. Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification.
2. Union symbols designed to publicise protected designations of origin and protected geographical indications shall be established.
3. In the case of products originating in the Union that are marketed under a protected designation of origin or protected geographical indication registered in accordance with the procedures laid down in this Regulation, the Union symbols associated with them shall appear on the labelling and advertising materials. The labelling requirements set out in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the registered name of the product. The indications «protected designation of origin» or «protected geographical indication» or the corresponding abbreviations «PDO» or «PGI» may appear on the labelling.
4. In addition, the following may also appear on the labelling: depictions of the geographical area of origin, as referred to in Article 5, and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located.
5. Without prejudice to Directive 2000/13/EC, the collective geographical marks referred to in Article 15 of Directive 2008/95/EC may be used on labels, together with the protected designation of origin or protected geographical indication.
6. In the case of products originating in third countries marketed under a name entered in the register, the indications referred to in paragraph 3 or the Union symbols associated with them may appear on the labelling.
7. In order to ensure that the appropriate information is communicated to the consumer, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, establishing the Union symbols.
The Commission may adopt implementing acts defining the technical characteristics of the Union symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication, including rules concerning the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. Registered names shall be protected against:
(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits, weakens or dilutes the reputation of the protected name, including when those products are used as an ingredient;
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as «style», «type», «method», «as produced in», «imitation» or similar, including when those products are used as an ingredient;
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
(d) any other practice liable to mislead the consumer as to the true origin of the product.
Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.
2. Protected designations of origin and protected geographical indications shall not become generic.
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1, that are produced or marketed in that Member State.
To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State.
These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
4. The protection referred to in paragraph 1 shall also apply with regard to:
(a) goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and
(b) goods sold by means of distance selling, such as electronic commerce.
For goods entering the customs territory of the Union without being released for free circulation within that territory, the group or any operator entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation the protected designation of origin or protected geographical indication.
1. Where a designation of origin or a geographical indication is registered under this Regulation, the registration of a trade mark the use of which would contravene Article 13(1) and which relates to a product of the same type shall be refused if the application for registration of the trade mark is submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission.
Trade marks registered in breach of the first subparagraph shall be invalidated.
The provisions of this paragraph shall apply notwithstanding the provisions of Directive 2008/95/EC.
2. Without prejudice to Article 6(4), a trade mark the use of which contravenes Article 13(1) which has been applied for, registered, or established by use if that possibility is provided for by the legislation concerned, in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed for that product notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist under Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark <*> or under Directive 2008/95/EC. In such cases, the use of the protected designation of origin or protected geographical indication shall be permitted as well as use of the relevant trade marks.
Transitional periods for use of protected designations
of origin and protected geographical indications
1. Without prejudice to Article 14, the Commission may adopt implementing acts granting a transitional period of up to five years to enable products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 13(1) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 49(3) or Article 51 shows that:
(a) the registration of the name would jeopardise the existence of an entirely or partly identical name; or
(b) such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2) except where an admissible statement of opposition is lodged under Article 49(3).
2. Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to up to 15 years in duly justified cases where it is shown that:
(a) the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission;
(b) the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
3. When using a designation referred to in paragraphs 1 and 2, the indication of country of origin shall clearly and visibly appear on the labelling.
4. To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, a Member State may grant a transitional period of up to 10 years, with effect from the date on which the application is lodged with the Commission, on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the lodging of the application to the authorities of the Member State and have made that point in the national opposition procedure referred to in Article 49(3).
The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the opposition procedure.
Such transitional periods shall be indicated in the application dossier referred to in Article 8(2).
1. Names entered in the register provided for in Article 7(6) of Regulation (EC) No 510/2006 shall automatically be entered in the register referred to in Article 11 of this Regulation. The corresponding specifications shall be deemed to be the specifications referred to in Article 7 of this Regulation. Any specific transitional provisions associated with such registrations shall continue to apply.
2. In order to protect the rights and legitimate interests of producers or stakeholders concerned, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning additional transitional rules.
3. This Regulation shall apply without prejudice to any right of coexistence recognised under Regulation (EC) No 510/2006 in respect of designations of origin and geographical indications, on the one hand, and trade marks, on the other.
Existing geographical indications for aromatised wine products
Names entered in the register established pursuant to Article 21 of Regulation (EU) No 251/2014 of the European Parliament and of the Council <*> shall automatically be entered in the register referred to in Article 11 of this Regulation as protected geographical indications. The corresponding specifications shall be deemed to be specifications for the purposes of Article 7 of this Regulation.
<*> Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
A scheme for traditional specialities guaranteed is established to safeguard traditional methods of production and recipes by helping producers of traditional product in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers.
1. A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product or foodstuff that:
(a) results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; or
(b) is produced from raw materials or ingredients that are those traditionally used.
2. For a name to be registered as a traditional speciality guaranteed, it shall:
(a) have been traditionally used to refer to the specific product; or
(b) identify the traditional character or specific character of the product.
3. If it is demonstrated in the opposition procedure under Article 51 that the name is also used in another Member State or in a third country, in order to distinguish comparable products or products that share an identical or similar name, the decision on registration taken in accordance with Article 52(3) may provide that the name of the traditional speciality guaranteed is to be accompanied by the claim «made following the tradition of» immediately followed by the name of a country or a region thereof.
4. A name may not be registered if it refers only to claims of a general nature used for a set of products, or to claims provided for by particular Union legislation.
5. In order to ensure the smooth functioning of the scheme, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning further details of the eligibility criteria laid down in this Article.
1. A traditional speciality guaranteed shall comply with a specification which shall comprise:
(a) the name proposed for registration, in the appropriate language versions;
(b) a description of the product including its main physical, chemical, microbiological or organoleptic characteristics, showing the product's specific character;
(c) a description of the production method that the producers must follow, including, where appropriate, the nature and characteristics of the raw materials or ingredients used, and the method by which the product is prepared; and
(d) the key elements establishing the product's traditional character.
2. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.
The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. An application for registration of a name as a traditional speciality guaranteed referred to in Article 49(2) or (5) shall comprise:
(a) the name and address of the applicant group;
(b) the product specification as provided for in Article 19.
2. An application dossier referred to in Article 49(4) shall comprise:
(a) the elements referred to in paragraph 1 of this Article; and
(b) a declaration by the Member State that it considers that the application lodged by the group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto.
1. A reasoned statement of opposition as referred to in Article 51(1) shall be admissible only if it is received by the Commission before expiry of the time limit and if it:
(a) gives duly substantiated reasons why the proposed registration is incompatible with the terms of this Regulation; or
(b) shows that use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.
2. The criteria referred to in point (b) of paragraph 1 shall be assessed in relation to the territory of the Union.
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 57(2), establishing and maintaining a publicly accessible updated register of traditional specialties guaranteed recognised under this scheme.
2. The Commission may adopt implementing acts laying down detailed rules on the form and content of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. A name registered as a traditional speciality guaranteed may be used by any operator marketing a product that conforms to the corresponding specification.
2. A Union symbol shall be established in order to publicise the traditional specialities guaranteed.
3. In the case of products originating in the Union that are marketed under a traditional speciality guaranteed registered in accordance with this Regulation, the symbol referred to in paragraph 2 of this Article shall, without prejudice to paragraph 4 of this Article, appear on the labelling and advertising materials. The labelling requirements set out in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the registered name of the product. The indication «traditional speciality guaranteed» or the corresponding abbreviation «TSG» may appear on the labelling.
The symbol shall be optional on the labelling of traditional specialities guaranteed which are produced outside the Union.
4. In order to ensure that the appropriate information is communicated to the consumer, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, establishing the Union symbol.
The Commission may adopt implementing acts defining the technical characteristics of the Union symbol and indication, as well as the rules of their use on the products bearing the name of a traditional speciality guaranteed, including as to the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. Registered names shall be protected against any misuse, imitation or evocation, including as regards products used as ingredients, or against any other practice liable to mislead the consumer.
2. Member States shall ensure that sales descriptions used at national level do not give rise to confusion with names that are registered.
3. The Commission may adopt implementing acts laying down rules for the protection of traditional specialities guaranteed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
4. The protection referred to in paragraph 1 shall also apply with regard to goods sold through means of distance selling, such as electronic commerce.
Transitional periods for use of traditional
specialities guaranteed
The Commission may adopt implementing acts granting a transitional period of up to five years to enable products the designation of which consists of or contains a name that contravenes Article 24(1) to continue to use the designation under which they were marketed on condition that an admissible statement of opposition under Article 49(3) or Article 51 shows that such name has been legally used on the Union market for at least five years preceding the date of the publication provided for in Article 50(2), point (b).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2) except where an admissible statement of opposition is lodged under Article 49(3).
1. Names registered in accordance with Article 13(2) of Regulation (EC) No 509/2006 shall be automatically entered in the register referred to in Article 22 of this Regulation. The corresponding specifications shall be deemed to be the specifications referred to in Article 19 of this Regulation. Any specific transitional provisions associated with such registrations shall continue to apply.
2. Names registered in accordance with the requirements laid down in Article 13(1) of Regulation (EC) No 509/2006, including those registered pursuant to applications referred to in the second subparagraph of Article 58(1) of this Regulation, may continue to be used under the conditions provided for in Regulation (EC) No 509/2006 until 4 January 2023 unless Member States use the procedure set out in Article 26 of this Regulation.
3. In order to protect the rights and legitimate interests of producers or stakeholders concerned, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down additional transitional rules.
1. At the request of a group, a Member State may submit, no later than 4 January 2016, to the Commission names of traditional specialities guaranteed that are registered in accordance with Article 13(1) of Regulation (EC) No 509/2006 and that comply with this Regulation.
Before submitting a name, the Member State shall initiate an opposition procedure as defined in Article 49(3) and (4).
If it is demonstrated in the course of this procedure that the name is also used in reference to comparable products or products that share an identical or similar name, the name may be complemented by a term identifying its traditional or specific character.
A group from a third country may submit such names to the Commission, either directly or through the authorities of the third country.
2. The Commission shall publish the names referred to in paragraph 1 together with the specifications for each such name in the Official Journal of the European Union within two months from reception.
3. Articles 51 and 52 shall apply.
4. Once the opposition procedure has finished, the Commission shall, where appropriate, adjust the entries in the register set out in Article 22. The corresponding specifications shall be deemed to be the specifications referred to in Article 19.
A scheme for optional quality terms is established in order to facilitate the communication within the internal market of the value-adding characteristics or attributes of agricultural products by the producers thereof.
Member States may maintain national rules on optional quality terms which are not covered by this Regulation, provided that such rules comply with Union law.
1. Optional quality terms shall satisfy the following criteria:
(a) the term relates to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas;
(b) the use of the term adds value to the product as compared to products of a similar type; and
(c) the term has a European dimension.
2. Optional quality terms that describe technical product qualities with the purpose of putting into effect compulsory marketing standards and are not intended to inform consumers about those product qualities shall be excluded from this scheme.
3. Optional quality terms shall exclude optional reserved terms which support and complement specific marketing standards determined on a sectoral or product category basis.
4. In order to take into account the specific character of certain sectors as well as consumer expectations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down detailed rules relating to the criteria referred to in paragraph 1 of this Article.
5. The Commission may adopt implementing acts laying down all measures related to forms, procedures or other technical details, necessary for the application of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
6. When adopting delegated and implementing acts in accordance with paragraphs 4 and 5 of this Article, the Commission shall take account of any relevant international standards.
1. In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the market situation, and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, reserving an additional optional quality term and laying down its conditions of use.
2. In duly justified cases and in order to take into account the appropriate use of the additional optional quality term, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down amendments to the conditions of use referred to in paragraph 1 of this Article.
1. The term «mountain product» is established as an optional quality term.
This term shall only be used to describe products intended for human consumption listed in Annex I to the Treaty in respect of which:
(a) both the raw materials and the feedstuffs for farm animals come essentially from mountain areas;
2. For the purposes of this Article, mountain areas within the Union are those delimited pursuant to Article 18(1) of Regulation (EC) No 1257/1999. For third-country products, mountain areas include areas officially designated as mountain areas by the third country or that meet criteria equivalent to those set out in Article 18(1) of Regulation (EC) No 1257/1999.
3. In duly justified cases and in order to take into account natural constraints affecting agricultural production in mountain areas, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down derogations from the conditions of use referred to in paragraph 1 of this Article. In particular, the Commission shall be empowered to adopt a delegated act laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas, the conditions under which the processing of products is permitted to take place outside of the mountain areas in a geographical area to be defined, and the definition of that geographical area.
4. In order to take into account natural constraints affecting agricultural production in mountain areas, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning the establishment of the methods of production, and other criteria relevant for the application of the optional quality term established in paragraph 1 of this Article.
No later than 4 January 2014 the Commission shall present a report to the European Parliament and to the Council on the case for a new term, «product of island farming». The term may only be used to describe the products intended for human consumption that are listed in Annex I to the Treaty the raw materials of which come from islands. In addition, for the term to be applied to processed products, processing must also take place on islands in cases where this substantially affects the particular characteristics of the final product.
That report shall, if necessary, be accompanied by appropriate legislative proposals to reserve an optional quality term «product of island farming».
1. An optional quality term may only be used to describe products that comply with the corresponding conditions of use.
2. The Commission may adopt implementing acts laying down rules for the use of optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Member States shall undertake checks, based on a risk analysis, to ensure compliance with the requirements of this Title and, in the event of breach, shall apply appropriate administrative penalties.
OFFICIAL CONTROLS OF PROTECTED DESIGNATIONS OF ORIGIN, PROTECTED GEOGRAPHICAL INDICATIONS AND TRADITIONAL SPECIALITIES GUARANTEED
The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
3. Official controls performed in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council <*> shall cover:
(a) verification that a product complies with the corresponding product specification; and
<*> Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
(b) monitoring of the use of registered names to describe product placed on the market, in conformity with Article 13 for names registered under Title II and in conformity with Article 24 for names registered under Title III.
1. In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within the Union, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:
(a) the competent authorities designated in accordance with Article 4 of Regulation (EU) 2017/625; or
(b) delegated bodies as defined in Article 3(5) of Regulation (EU) 2017/625.
The costs of such verification of compliance with the specifications may be borne by the operators that are subject to those controls. The Member States may also contribute to these costs.
2. In respect of designations of origin, geographical indications and traditional specialities guaranteed that designate products originating in a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by:
(a) one or more of the public authorities designated by the third country; and/or
(b) one or more of the product certification bodies.
The Commission shall make public the name and address of the authorities and bodies referred to in paragraph 2 of this Article and update that information periodically.
4. The Commission may adopt implementing acts, without applying the procedure referred to in Article 57(2), defining the means by which the name and address of product certification bodies referred to in paragraph 2 of this Article shall be made public.
The delegated bodies performing controls in the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for «Conformity assessment- Requirements for bodies certifying products, processes and services». These delegated bodies may be accredited either by a national accreditation body outside the Union, in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.
1. Member States shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles 41, 42 and 43 of Regulation (EC) No 882/2004.
2. The annual reports concerning the control of the obligations established by this Regulation shall include a separate section comprising the information laid down in Article 44 of Regulation (EC) No 882/2004.
1. Without prejudice to Article 13, this Regulation shall not affect the use of terms that are generic in the Union, even if the generic term is part of a name that is protected under a quality scheme.
2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:
(a) the existing situation in areas of consumption;
(b) the relevant national or Union legal acts.
3. In order to fully protect the rights of interested parties, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down additional rules for determining the generic status of terms referred to in paragraph 1 of this Article.
1. This Regulation shall not prevent the placing on the market of products the labelling of which includes a name or term protected or reserved under a quality scheme described in Title II, Title III, or Title IV that contains or comprises the name of a plant variety or animal breed, provided that the following conditions are met:
(a) the product in question comprises or is derived from the variety or breed indicated;
(c) the usage of the name of the variety or breed name constitutes fair competition;
(d) the usage does not exploit the reputation of the protected term; and
(e) in the case of the quality scheme described in Title II, production and marketing of the product had spread beyond its area of origin prior to the date of application for registration of the geographical indication.
2. In order to further clarify the extent of rights and freedoms of food business operators to use the name of a plant variety or of an animal breed referred to in paragraph 1 of this Article, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning rules for determining the use of such names.
The quality schemes described in Titles III and IV shall apply without prejudice to Union rules or to those of Member States governing intellectual property, and in particular to those concerning designations of origin and geographical indications and trade marks, and rights granted under those rules.
QUALITY SCHEME INDICATIONS AND SYMBOLS AND ROLE OF PRODUCERS
1. Indications, abbreviations and symbols referring to the quality schemes may only be used in connection with products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols:
(a) «protected designation of origin», «protected geographical indication», «geographical indication», «PDO», «PGI», and the associated symbols, as provided for in Title II;
(b) «traditional speciality guaranteed», «TSG», and the associated symbol, as provided for in Title III;
2. In accordance with Article 5 of Regulation (EC) No 1290/2005, the European Agricultural Fund for Rural Development (EAFRD) may, on the initiative of the Commission or on its behalf, finance, on a centralised basis, administrative support concerning the development, preparatory work, monitoring, administrative and legal support, legal defence, registration fees, renewal fees, trade mark watching fees, litigation fees and any other related measure required to protect the use of the indications, abbreviations and symbols referring to the quality schemes from misuse, imitation, evocation or any other practice liable to mislead the consumer, within the Union and in third countries.
3. The Commission shall adopt implementing acts laying down rules for the uniform protection of the indications, abbreviations and symbols referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. Without prejudice to specific provisions on producer organisations and inter-branch organisations as laid down in Regulation (EC) No 1234/2007, a group is entitled to:
(a) contribute to ensuring that the quality, reputation and authenticity of their products are guaranteed on the market by monitoring the use of the name in trade and, if necessary, by informing competent authorities as referred to in Article 36, or any other competent authority within the framework of Article 13(3);
(b) take action to ensure adequate legal protection of the protected designation of origin or protected geographical indication and of the intellectual property rights that are directly connected with them;
(c) develop information and promotion activities aiming at communicating the value-adding attributes of the product to consumers;
(d) develop activities related to ensuring compliance of a product with its specification;
(e) take action to improve the performance of the scheme, including developing economic expertise, carrying out economic analyses, disseminating economic information on the scheme and providing advice to producers;
(f) take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are, or risk being, detrimental to the image of those products.
2. Member States may encourage the formation and functioning of groups on their territories by administrative means. Moreover, Member States shall communicate to the Commission the name and address of the groups referred to in point 2 of Article 3. The Commission shall make this information public.
1. Member States shall ensure that any operator complying with the rules of a quality scheme set out in Titles II and III is entitled to be covered by the verification of compliance established pursuant to Article 37.
2. Operators who prepare and store a product marketed under the traditional speciality guaranteed, protected designation of origin or protected geographical indication schemes or who place such products on the market shall also be subject to the controls laid down in Chapter I of this Title.
3. Member States shall ensure that operators willing to adhere to the rules of a quality scheme set out in Titles III and IV are able to do so and do not face obstacles to participation that are discriminatory or otherwise not objectively founded.
Without prejudice to Regulation (EC) No 882/2004 and in particular the provisions of Chapter VI of Title II thereof, Member States may charge a fee to cover their costs of managing the quality schemes, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations provided for in this Regulation.
APPLICATION AND REGISTRATION PROCESSES FOR DESIGNATIONS OF ORIGIN, GEOGRAPHICAL INDICATIONS, AND TRADITIONAL SPECIALITIES GUARANTEED
The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
1. Applications for registration of names under the quality schemes referred to in Article 48 may only be submitted by groups who work with the products with the name to be registered. In the case of a «protected designations of origin» or «protected geographical indications» name that designates a trans-border geographical area or in the case of a «traditional specialities guaranteed» name, several groups from different Member States or third countries may lodge a joint application for registration.
A single natural or legal person may be treated as a group where it is shown that both of the following conditions are fulfilled:
(a) the person concerned is the only producer willing to submit an application;
(b) with regard to protected designations of origin and protected geographical indications, the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
2. Where the application under the scheme set out in Title II relates to a geographical area in a Member State, or where an application under the scheme set out in Title III is prepared by a group established in a Member State, the application shall be addressed to the authorities of that Member State.
The Member State shall scrutinise the application by appropriate means in order to check that it is justified and meets the conditions of the respective scheme.
3. As part of the scrutiny referred to in the second subparagraph of paragraph 2 of this Article, the Member State shall initiate a national opposition procedure that ensures adequate publication of the application and that provides for a reasonable period within which any natural or legal person having a legitimate interest and established or resident on its territory may lodge an opposition to the application.
The Member State shall examine the admissibility of oppositions received under the scheme set out in Title II in the light of the criteria referred to in Article 10(1), or the admissibility of oppositions received under the scheme set out in Title III in the light of the criteria referred to in Article 21(1).
4. If, after assessment of any opposition received, the Member State considers that the requirements of this Regulation are met, it may take a favourable decision and lodge an application dossier with the Commission. It shall in such case inform the Commission of admissible oppositions received from a natural or legal person that have legally marketed the products in question, using the names concerned continuously for at least five years preceding the date of the publication referred to in paragraph 3.
The Member State shall ensure that its favourable decision is made public and that any natural or legal person having a legitimate interest has an opportunity to appeal.
The Member State shall ensure that the version of the product specification on which its favourable decision is based, is published, and shall provide electronic access to the product specification.
With reference to protected designations of origin and protected geographical indications, the Member State shall also ensure adequate publication of the version of the product specification on which the Commission takes its decision pursuant to Article 50(2).
5. Where the application under the scheme set out in Title II relates to a geographical area in a third country, or where an application under the scheme set out in Title III is prepared by a group established in a third country, the application shall be lodged with the Commission, either directly or via the authorities of the third country concerned.
6. The documents referred to in this Article which are sent to the Commission shall be in one of the official languages of the Union.
7. In order to facilitate the application process, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, defining the rules for carrying out the national objection procedure for joint applications concerning more than one national territory and complementing the rules of the application process.
The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of applications, including for applications concerning more than one national territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
8. The Member State shall inform the Commission without delay if any proceedings are initiated before a national court or other national body concerning an application lodged with the Commission, in accordance with paragraph 4, and if the application has been invalidated at national level by an immediately applicable but not final judicial decision.
1. The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall check that the applications contain the required information and that they do not contain manifest errors, taking into account the outcome of the scrutiny and opposition procedure carried out by the Member State concerned.
Scrutiny by the Commission should not exceed a period of six months from the date of receipt of the application from the Member State. Where that period is exceeded, the Commission shall inform the applicant of the reasons for the delay in writing.
The Commission shall, at least each month, publish the list of names for which applications for registration have been submitted to it, as well as the date of their submission.
2. Where, based on the scrutiny carried out pursuant to paragraph 1 of this Article, the Commission considers that the conditions laid down in Articles 5 and 6 are fulfilled as regards registration applications under the scheme set out in Title II, or that the conditions laid down in Article 18(1) and (2) are fulfilled as regards applications under the scheme set out in Title III, it shall publish in the Official Journal of the European Union:
(a) for applications under the scheme set out in Title II, the single document and the reference to the publication of the product specification;
(b) for applications under the scheme set out in Title III, the specification.
3. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in paragraph 1 and to inform the applicant of the reasons for the delay where it receives a communication from a Member State concerning an application for registration lodged with the Commission in accordance with Article 49(4) which either:
(a) informs the Commission that the application has been invalidated at national level by an immediately applicable but not final judicial decision; or
(b) requests the Commission to suspend the scrutiny referred to in paragraph 1 because national judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension.
1. Within three months from the date of publication in the Official Journal of the European Union, the authorities of a Member State or of a third country, or any natural or legal person resident or established in a third country and having a legitimate interest, may lodge a reasoned statement of opposition with the Commission.
Any natural or legal person resident or established in a Member State other than that from which the application was submitted, and having a legitimate interest, may lodge a reasoned statement of opposition with the Member State in which it is resident or established within a time limit permitting an opposition to be lodged pursuant to the first subparagraph.
2. The Commission shall examine the admissibility of the reasoned statement of opposition on the basis of the grounds for opposition laid down in Article 10 as regards protected designations of origin and protected geographical indications and on the basis of the grounds for opposition laid down in Article 21 as regards traditional specialities guaranteed.
3. If the Commission considers that the reasoned statement of opposition is admissible it shall, within five months from the date of publication of the application in the Official Journal of the European Union, invite the authority or person that lodged the reasoned statement of opposition and the authority or body that lodged the application with the Commission to engage in appropriate consultations for a reasonable period that shall not exceed three months.
he authority or person that lodged the reasoned statement of opposition and the authority or body that lodged the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions laid down in this Regulation. If no agreement is reached, this information shall be provided to the Commission.
At any time within the period of consultations, the Commission may, at the request of the applicant, extend the deadline for the consultations by a maximum of three months.
4. Where, following the appropriate consultations referred to in paragraph 3 of this Article, the details published in accordance with Article 50(2) have been substantially amended, the Commission shall repeat the scrutiny referred to in Article 50.
5. The reasoned statement of opposition and other documents which are sent to the Commission in accordance with paragraphs 1, 2 and 3 shall be in one of the official languages of the Union.
6. In order to establish clear procedures and deadlines for opposition, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the opposition procedure.
The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of the oppositions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 50(1), the Commission considers that the conditions laid down in Articles 5 and 6, as regards the quality schemes set out in Title II, or in Article 18, as regards the quality schemes set out in Title III, are not fulfilled, it shall adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
2. If the Commission receives no admissible reasoned statement of opposition under Article 51, it shall adopt implementing acts, without applying the examination procedure referred to in Article 57(2), registering the name.
3. If the Commission receives an admissible reasoned statement of opposition, it shall, following the appropriate consultations referred to in Article 51(3), and taking into account the results thereof, either:
(a) if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 57(2), and, if necessary, amend the information published pursuant to Article 50(2) provided such amendments are not substantial; or
(b) if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
4. Acts of registration and decisions on rejection shall be published in the Official Journal of the European Union.
1. A group having a legitimate interest may apply for approval of an amendment to a product specification.
2. Where the amendment involves one or more amendments to the specification that are not minor, the amendment application shall follow the procedure laid down in Articles 49 to 52.
However, if the proposed amendments are minor, the Commission shall approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the Commission shall publish those elements in the Official Journal of the European Union.
For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:
(a) relate to the essential characteristics of the product;
(b) alter the link referred to in point (f)(i) or (ii) of Article 7(1);
(c) include a change to the name, or to any part of the name of the product;
(d) affect the defined geographical area; or
(e) represent an increase in restrictions on trade in the product or its raw materials.
For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:
(a) relate to the essential characteristics of the product;
(b) introduce essential changes to the production method; or
(c) include a change to the name, or to any part of the name of the product.
The scrutiny of the application shall focus on the proposed amendment.
3. In order to facilitate the administrative process in relation to Union and standard amendments to product specifications, including where an amendment does not involve any change to the single document, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, complementing the rules of the amendment application process.
The Commission may adopt implementing acts laying down detailed rules on the procedures for, form of and presentation of an amendment application for Union amendments, and on the procedures for and form of standard amendments and their communication to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1. The Commission may, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:
(a) where compliance with the conditions of the specification is not ensured;
(b) where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.
The Commission may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
2. In order to ensure legal certainty that all parties have the opportunity to defend their rights and legitimate interests, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56 complementing the rules regarding the cancellation process.
The Commission may adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Reporting on local farming and direct sales
No later than 4 January 2014 the Commission shall present a report to the European Parliament and to the Council on the case for a new local farming and direct sales labelling scheme to assist producers in marketing their produce locally. That report shall focus on the ability of the farmer to add value to his produce through the new label, and should take into account other criteria, such as the possibilities of reducing carbon emissions and waste through short production and distribution chains.
That report shall, if necessary, be accompanied by appropriate legislative proposals on the creation of a local farming and direct sales labelling scheme.
1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) shall be conferred on the Commission for a period of five years from 3 January 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to the second subparagraph of Article 2(1), Article 5(4), the first subparagraph of Article 7(2), the first subparagraph of Article 12(5), Article 16(2), Article 18(5), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), Article 29(4), Article 30, Article 31(3) and (4), Article 41(3), Article 42(2), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3) and the first subparagraph of Article 54(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
1. The Commission shall be assisted by the Agricultural Product Quality Policy Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
However, Article 13 of Regulation (EC) No 509/2006 shall continue to apply in respect of applications concerning products falling outside the scope of Title III of this Regulation, received by the Commission prior to the date of entry into force of this Regulation.
2. References to the repealed Regulations shall be construed as references to this Regulation and be read in accordance with the correlation table in Annex II to this Regulation.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Article 12(3) and Article 23(3) shall apply from 4 January 2016, without prejudice to products already placed on the market before that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
AGRICULTURAL PRODUCTS AND FOODSTUFFS
REFERRED TO IN ARTICLE 2(1)
- beer,
- chocolate and derived products,
- bread, pastry, cakes, confectionery, biscuits and other baker's wares,
- beverages made from plant extracts,
- pasta,
- salt,
- natural gums and resins,
- mustard paste,
- hay,
- essential oils,
- cork,
- cochineal,
- flowers and ornamental plants,
- cotton,
- wool,
- wicker,
-
aromatised wines as defined in Article 3(2) of Regulation (EU) No 251/2014,
-
other alcoholic beverages, except for spirit drinks and grapevine products as defined in Annex VII, Part II, to Regulation (EU) No 1308/2013,
-
bread, pastry, cakes, confectionery, biscuits and other baker's wares,
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