LeX-Ray

Laying Down Detailed Rules of Implementation of Council Regulation (EC) No 5102006 Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs Regulation

Regulation 2006/1898

Article 1: Scope

This Regulation lays down detailed rules for implementation of Regulation 2006/510.

Article 2: Specific rules for a group

A single natural or legal person may be treated as a group within the meaning of the second subparagraph of Article 5(1) of Regulation 2006/510 where it is shown that both of the following conditions are fulfilled:

the person concerned is the only producer in the defined geographical area willing to submit an application;

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;

Article 3: Specific rules for a name

Only a name that is used, whether in commerce or in common language, to refer to the specific agricultural product or foodstuff may be registered.
The name of an agricultural product or foodstuff may be registered only in the languages which are or were historically used to describe the said product in the defined geographical area.

A name shall be registered in its original script. Where the original script is not in Latin characters, a transcription in Latin characters shall also be registered together with the name in its original script.

Names that are wholly homonymous with names of plant varieties or animal breeds for comparable products may not be registered if it is shown before the expiry of the objection procedure referred to in Article 7 of Regulation 2006/510 that the variety or breed is in such commercial production outside the defined area prior to the date of application that consumers would be liable to confuse the products bearing the registered name and the variety or the breed.
Names that are partly homonymous with names of plant varieties or animal breeds may be registered, even if the variety or breed is in significant commercial production also outside the area, provided consumers would not be liable to confuse the products bearing the registered name and the variety or the breed.

Where the application for registration of a name or approval of an amendment contains a description of the agricultural product or foodstuff pursuant to point (b) of Article 4(2) of Regulation 2006/510 that describes several distinct products of the same type, the requirements for registration must be shown for each distinct product.
For the purposes of this paragraph, ‘distinct products’ are those differentiated when placed on the market.

Article 4: Definition of the geographical area
The geographical area must be defined in a detailed, precise way that presents no ambiguities.

The geographical area shall be delimited with regard to the link referred to in point (f) of Article 4(2) of Regulation 2006/510.

Article 5: Specific rules on raw materials and feed

Only live animals, meat and milk may be considered as raw materials for the purposes of Article 2(3) of Regulation 2006/510.

Any restriction on the origin of raw materials for a geographical indication must be justified in relation to the link referred to in point (ii) under point (f) of Article 4(2) of Regulation 2006/510.

In respect of a product of animal origin designated as a designation of origin, detailed rules on the origin and quality of feed shall be included in the product specification. Feed shall be sourced as far as practicable from within the defined geographical area.

Article 6: Proof of origin

The product specification shall identify procedures which operators must have in place for information on proof of origin, referred to in point (d) of Article 4(2) of Regulation 2006/510, concerning the product, raw materials, feed and other items that, according to the product specification, are required to come from the defined geographical area.

Operators referred to in paragraph 1 shall be able to identify:

the supplier, quantity and origin of all batches of raw material and/or products received;

the recipient, quantity and destination of products supplied;

correlation between each batch of inputs referred to in point (a) and each batch of outputs referred to in point (b).

Article 7: Link

Details bearing out the links referred to in point (f) of Article 4(2) of Regulation 2006/510 shall provide an explanation how the characteristics of the defined geographical area affect the final product.

With regard to a designation of origin the product specification shall set out:

details of the geographical area, including natural and human factors, relevant to the link;

details of the quality or characteristics of the agricultural product or foodstuff essentially or exclusively due to the geographical environment;

description of the causal interaction between details referred to in point (a) and details referred to in point (b).

With regard to a geographical indication the product specification shall set out:

details of the geographical area relevant to the link;

details of the specific quality, reputation or other characteristics of the agricultural product or foodstuff attributable to the geographical origin;

description of the causal interaction between details referred to in point (a) and details referred to in point (b).

With regard to a geographical indication, the product specification shall state whether it is based on a specific quality or reputation or other characteristics attributable to its geographical origin.

Article 8: Packaging in the defined geographical area

If the applicant group determines in the product specification that the packaging of the agricultural product or the foodstuff referred to in point (e) of Article 4(2) of Regulation 2006/510 must take place in the defined geographical area, justifications, specific to the product, for such restrictions on free movement of goods and freedom to provide services must be given.

Article 9: Specific rules on labelling

A Member State may provide that the name of the authority or body referred to in point (g) of Article 4(2) of Regulation 2006/510 must appear on the label of the agricultural product or foodstuff designated as a protected designation of origin or a protected geographical indication that is produced within its territory.

Article 10: Applying for registration

An application for registration shall consist of documents required pursuant to Article 5(7) or 5(9) of Regulation 2006/510, as appropriate, and an electronic copy of the product specification and single document when those documents are required in the said paragraphs.
Information on the legal status, size and composition of the applicant group shall also be submitted.

The date of submission of an application to the Commission is the date on which the application is entered in the Commission's mail registry in Brussels.

Article 11: Single document

The single document shall be drawn up in accordance with the form in Annex I to this Regulation for each application for a designation of origin or a geographical indication within the meaning of Article 5 of Regulation 2006/510 and for each request concerning approval of an amendment within the meaning of Article 9(2) of that Regulation.

The type of the agricultural product or foodstuff product shall be indicated in accordance with the classification in Annex II to this Regulation.

Description of the product in the single document must include specific technical data commonly used in that product type to describe the product, including where appropriate organoleptic data.

Article 12: Trans-border applications

Where several groups lodge a joint application for a name designating a trans-border geographical area or for a traditional name connected to a trans-border geographical area, the following rules shall apply:

where only Member States are concerned, the national objection procedure referred to in Article 5(5) of Regulation 2006/510 shall be carried out in all Member States concerned; the application shall be submitted by any of those Member States in the name of the others, including the declarations from all the Member States concerned, referred to in point (c) of Article 5(7) of that Regulation;

where only third countries are concerned, the conditions laid down in Article 5(9) of Regulation 2006/510 shall be fulfilled in respect of all of them; the application is submitted to the Commission by any of the applicant groups concerned in the name of the others, directly or via its authorities, including the proof of protection in each of the third countries concerned referred to in Article 5(9) of that Regulation;

iii

where at least one Member State and at least one third country are concerned, the national objection procedure referred to in Article 5(5) of Regulation 2006/510 shall be carried out in all Member States concerned and the conditions laid down in Article 5(9) of Regulation 2006/510 shall be fulfilled in all third countries concerned; the application shall be submitted to the Commission by any Member State concerned or any of the applicant groups in third countries concerned, directly or via the authorities of the third country concerned, including the declarations from all the Member States concerned, referred to in point (c) of Article 5(7) of that Regulation and the proof of protection in each of the third countries concerned referred to in Article 5(9) of the said Regulation.

Article 13: Objections

A statement of objection for the purposes of Article 7 of Regulation 2006/510 may be drawn up in accordance with the form in Annex III to this Regulation.

In determining the admissibility of the objection pursuant to Article 7(3) of Regulation 2006/510, the Commission shall check that the statement includes reasons and justification for the objection.

The period of six months referred to in Article 7(5) of Regulation 2006/510 shall commence on the date of dispatch of the Commission's invitation to the interested parties to reach agreement among them.

When the procedure referred to in the first sentence of the second subparagraph of Article 7(5) of Regulation 2006/510 has terminated, the Member State of application or the third-country applicant shall communicate the results of each consultation to the Commission within one month and may use the form in Annex IV to this Regulation.

Article 14: Indications and symbols

The Community symbols referred to in Article 8 of Regulation 2006/510 shall be reproduced as laid down in Annex V to this Regulation. The indications ‘PROTECTED DESIGNATION OF ORIGIN’ and ‘PROTECTED GEOGRAPHICAL INDICATION’ within the symbols may be replaced by the equivalent terms in another official language of the Community as laid down in Annex V to this Regulation.

Where the Community symbols or the indications referred to in Article 8 of Regulation 2006/510 appear on the label of a product, they shall be accompanied by the registered name.

Article 15: Register

The Commission shall maintain at its seat in Brussels the ‘Register of protected designations of origin and protected geographical indications’, hereafter referred to as ‘the Register’.

Upon entry into force of a legal instrument registering a name, the Commission shall record the following data in the Register:

the registered name of the product in compliance with the provisions of Article 3(2) of this Regulation;

information that the name is protected as a geographical indication or as a designation of origin;

the class of the product as referred to in Annex II to this Regulation;

indication of the country of origin; and

reference to the instrument registering the name.

In respect of the names automatically registered by virtue of Article 17(1) of Regulation 2006/510, the Commission shall record in the Register, by 31 December 2007, the data provided for in paragraph 2 of this Article.

Article 16: Amendments to specification

An application for approval of changes to the product specification shall be drawn up in accordance with Annex VI to this Regulation

In the case of an application for approval of changes to specifications under Article 9(2) of Regulation 2006/510:

the information required under Article 5(7) of Regulation 2006/510 shall comprise the duly completed application referred to in paragraph 1 and the declaration referred to in point (c) of Article 5(7) of the said Regulation;

the information required under Article 5(9) of Regulation 2006/510 shall comprise the duly completed application referred to in paragraph 1 and the proposed updated product specification;

the information to be published in accordance with Article 6(2) of Regulation 2006/510 shall comprise the duly completed document drawn up in accordance with Annex VI to this Regulation.

In the case of amendments referred to in paragraphs 3 or 4 of Article 9 of Regulation 2006/510 that the Commission has approved, the Commission shall make public the amended product specification.

For an amendment to be regarded as minor, it cannot:

relate to the essential characteristics of the product;

alter the link;

include a change to the name, or to any part of the name, of the product;

affect the defined geographical area;

represent an increase in restrictions on trade in the product or its raw materials.

Where the Commission decides to accept an amendment to the specification that includes or comprises a change to the information recorded in the Register provided for in Article 15 of this Regulation, it shall strike the original data from the Register and record the new data in the Register with effect from the entry into force of the said decision.

Information submitted to the Commission pursuant to this Article shall be in both paper and electronic form. The date of submission of an amendment application to the Commission is the date on which the application is entered in the Commission's mail registry in Brussels.

Article 17: Cancellation

The Commission may take the view that the compliance with the conditions of the specification for an agricultural product or foodstuff covered by a protected name is no longer possible or cannot be ensured in particular, if the conditions laid down in Article 11 of Regulation 2006/510 are not fulfilled, and the situation is likely to continue.

A request for a cancellation of a registration pursuant to Article 12(2) of Regulation 2006/510 shall be drawn up in accordance with Annex VII to this Regulation.
The information required under Articles 5(7) and 5(9) of Regulation 2006/510 shall comprise the duly completed request for cancellation referred to in the first subparagraph of this paragraph.
Article 5(6) of Regulation 2006/510 shall not apply.
The request for cancellation shall be made public pursuant to Article 6(1) of Regulation 2006/510.
The information to be published under Article 6(2) of Regulation 2006/510 shall comprise the duly completed document drawn up in accordance with Annex VII to this Regulation.
Statements of objection shall be admissible pursuant to Article 7(3) of Regulation 2006/510 only if they show continued commercial reliance by an interested person on the registered name.

When a cancellation takes effect, the Commission shall strike the name from the Register provided for in Article 15 of this Regulation.

Information submitted to the Commission pursuant to this Article shall be in both paper and electronic form.

Article 18: Transitional rules

If, pursuant to Article 17(2) of Regulation 2006/510, the single document is replaced by the summary of the specification, the said summary shall be drawn in conformity with the model in Annex VIII to this Regulation.

In respect of names registered prior to the date of entry into force of Regulation 2006/510 the Commission shall, at the request of a Member State, publish a single document submitted by that Member State and drawn up in accordance with the model in Annex I to this Regulation. The publication shall be accompanied by the reference of publication of the specification.

The provisions of this Regulation shall apply with effect from the date of entry into force, subject to the following:

The provisions of Articles 2 to 8 shall only apply in respect of procedures for registration and approval of amendments where the publication pursuant to Article 6(2) of Regulation 2006/510 or pursuant to Article 6(2) of Regulation (EEC) No 2081/92 has not taken place before entry into force of this Regulation;

The provisions of Articles 10, 11, 12, 16(1), 16(2), 16(3), 16(6) and 17(2) shall only apply in respect of applications for registration, approval of amendments and requests for cancellation received after 30 March 2006;

The provisions of paragraphs 1 to 3 of Article 13 shall only apply in respect of objection procedures for which the 6 month period in Article 7(1) of Regulation 2006/510 has not commenced at the date of entry into force of this Regulation. The provisions of Article 13(4) shall only apply in respect of objection procedures for which the 6 month period in Article 7(1) has not expired at the date of entry into force of this Regulation;

The provisions of Article 14(2) shall apply not later than 1 January 2008, without prejudice to products placed on the market before that date.

Article 19: Repeal
References to the repealed acts shall be construed as references to this Regulation.

Regulations (EEC) No 2037/93 and Regulation 2004/383 are repealed.

Article 20: Entry into force
However, point (b) of Article 18(3) shall apply with effect from 31 March 2006.

 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union . Official Journal of the European Union 

Recital 1

Regulation 2006/510 has set up the general rules for the protection of geographical indications and designations of origin and repealed Council Regulation (EEC) No 2081/92 ( 2 ) .

Recital 2

For the sake of clarity, Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ( 3 ) and Commission Regulation 2004/383 of 1 March 2004 laying down detailed rules for applying Council Regulation (EEC) No 2081/92 as regards the summary of the main points of the product specifications ( 4 ) should be repealed and replaced by a new Regulation.

Recital 3

The conditions in which one natural or legal person may apply for registration should be laid down. Specific attention should be paid to delimitation of the area, taking into account the traditional zone of production, and characteristics of the product. Any producer established in the defined geographical area should be able to use the registered name as long as the conditions in the product specification are fulfilled.

Recital 4

Only a name that is in use in commerce or in common language, or which has been used historically to refer to the specific agricultural product or foodstuff, may be registered. Specific rules concerning linguistic versions of a name, names covering several distinct products and names that are wholly or partially homonymous with names of plant varieties or animal breeds should be laid down.

Recital 5

The geographical area should be defined with regard to the link and in a detailed, precise way that presents no ambiguities for producers or competent authorities and control bodies to know if the operations take place inside the defined geographical area.

Recital 6

A list of raw materials for designations of origin which in accordance with Article 2(3) of Regulation 2006/510 may come from a geographical area larger than or different from the processing area should be provided. Pursuant to Article 2(5) of Regulation (EEC) No 2081/92, only live animals, meat and milk have been included in the list. For the sake of continuity, no changes to this list are proposed.

Recital 7

The product specification must include the measures taken to ensure proof of origin, allowing following the path of the product, raw materials, feed and other items that are required to come from the defined geographical area.

Recital 8

Where packaging of an agricultural product or foodstuff or operations concerning its presentation, such as slicing or grating, are restricted to a defined geographical area, this constitutes a restriction on free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice, such restrictions can only be imposed if they are necessary, proportionate and capable of upholding the reputation of the geographical indication or the designation of origin. Justifications for such restrictions must be provided.

Recital 9

To ensure coherent implementation of Regulation 2006/510, procedures should be specified and models concerning applications, objections, amendments and cancellations should be provided for.

Recital 10

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

When this form is completed, the text in square parentheses shall be omitted
SINGLE DOCUMENT
COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin
[Insert name, as in 1 below:] “ ”
EC No: [for EC use only]
[Select one, “X”:]  PGI  PDO
NAME [OF PGI OR PDO]
[Insert the name proposed for registration or, in the case of an application for approval of an amendment to a product specification or publication pursuant to Article 19(2) of this Regulation, the registered name]
MEMBER STATE OR THIRD COUNTRY
DESCRIPTION OF THE AGRICULTURAL PRODUCT OR FOODSTUFF
1. Type of product [as in Annex II]
2. Description of the product to which the name in (1) applies
[Main points of items in Article point (b) of Article 4(2) of Regulation 2006/510. Technical description of finished product to which the name in (1) applies, including any requirements for use of certain animal breeds or plant varieties.]
3. Raw materials (for processed products only)
[State any quality requirements, or restrictions on origin, of raw materials. State justifications for any such restrictions.]
4. Feed (for products of animal origin only)
[State any quality requirements, or restrictions on origin, of feed. State justifications for any such restrictions.]
5. Specific steps in production that must take place in the identified geographical area
[State justifications for any restrictions.]
6. Specific rules concerning slicing, grating, packaging, etc.
[If none, leave blank. State justifications for any restrictions.]

 3 
 7. Specific rules concerning labelling
[If none, leave blank. State justifications for any restrictions.]
CONCISE DEFINITION OF THE GEOGRAPHICAL AREA
LINK WITH THE GEOGRAPHICAL AREA
1. Specificity of the geographical area
[For PDO applications, also include description of any inherent natural and human factors.]
2. Specificity of the product
3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI).
REFERENCE TO PUBLICATION OF THE SPECIFICATION
(ARTICLE 5(7) OF REGULATION (EC) NO 510/2006) 

STATEMENT OF OBJECTION
Council Regulation 2006/510 on protected geographical indications and protected designations of origin
NAME OF PRODUCT
[as given in Official Journal (OJ) publication]
OFFICIAL REFERENCE
[as given in Official Journal (OJ) publication]
Reference number:
Date of OJ publication:
CONTACT DETAILS
Contact person: Title (Mr, Ms…): Name:
Group/organisation/individual:
Or national authority:
Department:
Address:
Telephone +
e-mail address:
REASON FOR THE OBJECTION:
 Non-compliance with the conditions laid down in Article 2 of Regulation 2006/510
 Registration of the name would be contrary to Article 3(2) of Regulation (EC) No 510/2006 (plant variety or animal breed)
 Registration of the name would be contrary to Article 3(3) of Regulation (EC) No 510/2006 (name wholly or partially homonymous)
 Registration of the name would be contrary to Article 3(4) of Regulation (EC) No 510/2006 (existing trademark)
 Registration would jeopardize the existence of names, trademarks or products as specified in point (c) of Article 7(3) of Regulation (EC) No 510/2006
 The name proposed for registration is generic; details to be provided as set down in point (d) of Article 7(3) of Regulation 2006/510

 5 
 DETAIL OF OBJECTION
Provide a statement setting out the reasons and justification for the objection. Provide also a statement explaining the legitimate interest of the objector, unless the objection is lodged by the national authorities, in which case no statement of legitimate interest is required. The statement of objection should be signed and dated. 

When this form is completed, the text in square parentheses shall be omitted
NOTIFICATION OF END OF CONSULTATIONS FOLLOWING OBJECTION PROCEDURE
Council Regulation 2006/510 on protected geographical indications and protected designations of origin
NAME OF PRODUCT
[as given in Official Journal (OJ) publication]
OFFICIAL REFERENCE [AS GIVEN IN OFFICIAL JOURNAL (OJ) PUBLICATION]
Reference number:
Date of OJ publication:
RESULT OF CONSULTATIONS
1. Agreement was reached with the following objector(s):
[annex copies of letters showing agreement]
2. Agreement was not reached with the following objector(s):
PRODUCT SPECIFICATION AND SINGLE DOCUMENT
1. The specifications have been amended:
… Yes * … No
* If ‘Yes’, annex description of amendments
2. The single document (or summary of specifications) has been amended:
… Yes … No
If ‘Yes’, annex copy of updated document
DATED AND SIGNED
[Name]
[Department/Organisation]
[Address]
[Telephone:] +
[e-mail address:]

When this form is completed, the text in square parentheses shall be omitted.
AMENDMENT APPLICATION
COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin
AMENDMENT APPLICATION ACCORDING TO ARTICLE 9
[Registered name] “ ”
EC No: [for EC use only]
[Select one, “X”:]  PGI  PDO
HEADING IN THE PRODUCT SPECIFICATION AFFECTED BY THE AMENDMENT
 Name of product
 Description of product
 Geographical area
 Proof of origin
 Method of production
 Link
 Labelling
 National requirements
 Other [to be specified]
TYPE OF AMENDMENT(S)
 Amendment to Single Document or Summary Sheet
 Amendment to specification of registered PDO or PGI for which neither the Single Document nor Summary has been published
 Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation 2006/510)
 Temporary amendment to Specification resulting from imposition of obligatory sanitary or phyto-sanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)
AMENDMENT(S):
[For each heading checked in section above, provide a short explanation of each amendment. Provide also a statement explaining the legitimate interest of the group proposing the amendment.]
UPDATED SINGLE DOCUMENT (IF NEEDED)
[use Annex I]
REFERENCE TO PUBLICATION OF THE SPECIFICATION

When this form is completed, the text in square parentheses shall be omitted.
CANCELLATION REQUEST
COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin
CANCELLATION REQUEST ACCORDING TO ARTICLE 12(2)
[Registered name:] “ ”
EC No: [for EC use only]
Select one, “X”:  PGI  PDO
REGISTERED NAME PROPOSED FOR CANCELLATION
MEMBER STATE OR THIRD COUNTRY
TYPE OF PRODUCT [AS IN ANNEX II]
PERSON OR BODY MAKING REQUEST FOR CANCELLATION
Name:
Address:
Nature of legitimate interest in making the request:
[Provide a statement explaining the legitimate interest of the person or group proposing the cancellation.]
REASONS FOR CANCELLATION
[Provide a statement setting out the reasons and justification for the cancellation of the registration of the name.]

SUMMARY
COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin
“ ”
EC No:
PDO ( § ) PGI ( § )
This summary sets out the main elements of the product specification for information purposes.
RESPONSIBLE DEPARTMENT IN THE MEMBER STATE
Name:
Address:
Tel.:
Fax:
e-mail:
GROUP
Name:
Address:
Tel.:
Fax:
e-mail:
Composition:
Producers/processors ( § )
Other ( § )
TYPE OF PRODUCT
Class

SPECIFICATION
(summary of requirements under Article 4(2) of Regulation 2006/510)
1. Name:
“ ”
2. Description:
3. Geographical area:
4. Proof of origin:
5. Method of production:
6. Link:
7. Inspection body:
Name:
Address:
Tel.:
Fax:
e-mail:
8. Labelling:

Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2006.

None