WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNlI/FIN/G/l 
22 July 1996 
(96-2862) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Finland 
The present document reproduces 1 Council Regulation (EEC) No. 2081192, as notified by Finland 
under Article 63.2 of the Agreement (see document IP/N/l/FIN/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Finlande 
Le present document contient le texte du Reglement (CEE) n· 208l/92 du Conseil 1, notifie 
par la Finlande au titre de l'article 63:2 de I' Accord (voir le document IP/N/l/FIN/I). 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON EL 
pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Finlandia 
En el presente documento se reproduce 1 el Reglamento (CEE) N° 2081192 del Consejo, notificado 
por Finlandia de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP /N 11IFIN 11) . 
IEnglish only/anglais seulement/ingles solamente. IPINII/FIN/GI I 
Pa.ge 2 
24. 7. 92 Official Journal of the European Communities No L 208/1 
I 
(Acts f(·ho.re publicatioll IJ' obl(rtatoT)) 
COUNCIL REGULATION (EEC) No 2081/92 
of 14 July 1992 
on the protection of geographical indications and designations of origin for 
agricultural products and foodstuffs 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community. and in particular Article 43, 
Having regard to the proposal from the Commission n, 
Having regard to the opinion of the European Par­
liament (2), 
Having regard to the opinion of the Economic and Social 
Committee (l). 
Whereas the production. manufacture and distribution of 
agricultural products and loodstuffs play an important 
role in the Community economy; 
Whereas, as part of the adjustment of the common agri­
cultural pohl..:) the diversification of agricultural produc­
tion should be encouraged so as to achieve a better 
balance between supply and demand on the markets; 
whereas the promotion of products having certain charac­
teristics could be of considerable benefit to the rural 
economy. in particular to less-favoured or remote areas, by 
improving the incomes of f:::trmers and by retaining the 
rural population in these areas; 
Whereas, moreover, it has been observed in recent years 
that consumers are tending to attach greater importance 
to the quality of foodstuffs rather than [0 quantity; 
whereas this quest for specific products generates a 
growing demand for agricultural products or foodstuffs 
with an identifiable geographical origin; 
Whereas in view of the wide variety of products marketed 
and of the abundance of information concerning them 
(') 0) No C 30,6.2.1991, p. 9 and 0) No C 69,18.3.1992, p. 
15. 
(1) 0) No C 326, 16. 12. 1991, p. 35. 
Cl 0) No C 269, 14. 10. 1991, p, 62. provided, consumers must, in order to be able to make 
the best choice. be given clear and succinct information 
regarding the origin of the product; 
Whereas the labelling of agricultural products and food­
stuffs is subject to the general rules laid down in Council 
Directive 79/l12/EEC of 18 December 1978 on the 
approximation of the laws of the Member States relating 
to the labelling, presentation and advertising of foodstuffs 
('); whereas. in view of their specific nature, additional 
special provisions should be adopted for agricultural 
products and foodstuffs from a specified geographical 
area; 
Whereas the desire to protect agricultural products or 
foodstuffs which have an identifiable geographical origin 
has led certain Member States to introduce 'registered 
designations of origin'; whereas these have proved 
successful with producers, who have secured higher 
incomes in return for a genuine effort to improve quality, 
and with consumers, who can purchase high quality 
products with guarantees as to the method of production 
and origin; 
Whereas, however, there is diversity in the national prac­
tices for implementing registered designations or origin 
and geographical indications; whereas a Community 
approach should be envisaged; whereas a framework of 
Community rules on protection will permit the devel­
opment of geographical indications and designations of 
origin since, by providing a more uniform approach, such 
a framework will ensure fair competition between the 
producers of products bearing such indications and 
enchance the credibility of the products in the consu­
mers' eyes; 
Whereas the planned rules should take account of exis­
ting Community legislation on wines and spirit drinks, 
which provide for a higher level of protection; 
(.) 0) No L 33, 8. 2.1979, p. I. L:lsC amended by Directive 91/ 
72/EEC (0) No L 42, IS. 2. 1991, p. 27). IP/N/lIFIN/G/l 
Page 3 
No L 208/2 Official Journal of the European Communities 24. 7. 92 
Whereas the scope of this Regulation is limited to certain 
agricultural products and foodstuffs for which a link 
between product or foodstuff characteristics and geogra­
phical origin exists; whereas, however, this scope could 
be enlarged to encompass other products or foodstuffs; 
Whereas existing practices make it appropriate [0 define 
two different types of geographical description, namely 
protected geographical indications and protected designa­
tions of origin; 
Whereas an agricultural product or foodstuff bearing such 
an indication must meet certain conditions set out in a 
specification; 
Whereas to enjoy protection in every Member State 
geographical indications and designations of origin must 
be registered at Community level; whereas entry in a 
register should also provide information to those involved 
in trade and to consumers; 
Whereas the registration procedure should enable any 
person individually and directly concerned in a Member 
State to exercise his rights by notifying the Commission 
of his opposition; 
Whereas there should be procedures to permit amend­
ment of the specification, after registration, in the light of 
technological progress or withdrawal from the register of 
the geographical indication or designation of origin of an 
agricultural product or foodstuff if that product or food­
stuff ceases to conform to the specification on the basis of 
which the geographical indication or designation of origin 
was granted; 
Whereas provision should be made for trade with third 
countries offering equivalent guarantees for the issue and 
inspection of geographical indications or designations of 
origin granted on their territory; 
Whereas provision should be made for a procedure 
establishing close cooperation between the Member States 
and the Commission through a Regulatory Committee set 
up for that purpose, 
HAS ADOPTED THIS REGULATION: 
Article 1 
I. This Regulation lays down rules on the protection of 
designations of origin and geographical indications of 
agricultural products intended for human consumption 
referred to in Annex 11 to the Treaty and of the foodstuffs 
referred to in Annex I to this Regulation and agricultural 
products listed in Annex 1l to this Regulation. However, this Regulation shall not apply [0 wine products 
or to spirit drinks. 
Annex I may be amended in accordance with the proce­
dure set out in Article 15. 
') This Regulation shall apply without prejudice to 
other specific Community provisions. 
3. Council Directive 83/189/EEC of 28 March 1983 
laying down a procedure for the provision of information 
in the field of technical standards and regulations (') shall 
not apply to the designations of origin and geographical 
indications covered by this Regulation. 
Article 2 
I. Community protection of designations of origin and 
of geographical indications of agricultural products and 
foodstuffs shall be obtained in accordance with this 
Regulation. 
2. For the purposes of this Regulation: 
(a) destination of on·f!in ; means the name of a region, a 
specihc· piace or, in ex·ceptional cases, a country, used to 
describe an agricultural product or a foodstuff: 
originating in that region, specific place or 
country, and 
the quality or characteristics of which are essenti­
ally or exclusively due to a particular geographical 
environment with its inherent natural and human 
factors, and the production, processing and prepa­
ration of which take place in the defined geogra­
phical area; 
(b) r7eORraphir~1 indication: means the name of a region, 
a specihc place or, in exceptional cases, a country, used to 
describe an agricultural product or a foodstuff: 
originating in that region, specific place or 
country, and 
which possesses a specific quality, reputation or 
other characteristics auributable to that geogra­
phical origin and the production and/or proces­
sing and/or preparation of which take place in the 
defined geographical area. 
3. Certain traditional geographical or non-geographical 
names designating an agricultural product or a foodstuff 
originating in a region or a specific place. which fulfil the 
conditions referred to in the second indent of paragraph 2 
(a) shall also be considered as designations of origin. 
(') Oj No L 109.26.4. 19RJ. p. H. L:!st amended by Decision 
90/230/EEC (0) No L 12S, 18.5.1990, p. 15).· JP IN I lIFIN IGI 1 
Page 4 
24. 7. 92 Official Journal of the European Communities No L 208/3 
4. By way of derogation from Article 2 (a), certain 
geographical designations shall be treated as designations 
of origin where the raw materials of the products 
concerned come from a geographical area larger than or 
different from the processing area, provided that: 
the production area of the raw materials is limited, 
special conditions for the production of the raw mate­
rials exist, and 
there are inspection arrangements to ensure that those 
conditions are adhered to. 
5. For the purposes of paragraph 4, only live animals, 
meat and milk may be considered as raw materials. Use of 
other raw materials may be authorized in accordance with 
the procedure laid down in Article 15. 
6. In order to be eligible for the derogation provided 
for in paragraph 4, the designations in question may be or 
have already been recognized as designations of origin 
with national protection by the Member State concerned, 
or, if no such scheme exists, have a proven, traditional 
character and an exceptional reputation and renown. 
7. In order to be eligible for the derogation provided 
for in paragraph 4, applications for registration must be 
lodged within twO years of the entry into force of this 
Regulation. 
Article 3 
1. Names that have become generic may not be regis-
tered. 
For the purposes of this Regulation, a 'name that has 
become generic' means the name of an agricultural 
product or a foodstuff which, although it relates to the 
place or the region where this product or foodstuff was 
originally produced or marketed, has become the 
common name of an agricultural product or a foodstuff. 
To establish whether or not a name has become generic, 
account shall be taken of all factors, in particular: 
the existing situation in the Member State in which 
the name originates and in areas of consumption. 
the existing situation in other Member States, 
the relevant national or Community laws. 
Where, following the procedure laid down in Articles 6 
and 7, an application of registration is rejected because a 
name has become generic, the Commission shall publish 
that decision in the Official fouma! of the Europe.m 
Communities. 
2. A name may not be regisrered as a designation of 
origin or a geographical indication where it conflicts with 
the name of a plant variety or an animal breed and as a result is likely to mislead the public as to the true origin 
of the product. 
3. Before the entry into force of this Regulation, the 
Council, acting by a qualified majority on a proposal from 
the Commission, shall draw up and publish in the 
Official Jounza! of tbe EUrOpeaTl Communities a non­
exhaustive, indicative list of the names of agricultural 
products or foodstuffs which are within the scope of this 
Regulation and are regarded under the terms of paragraph 
1 as being generic and thus not able to be registered 
under this Regulation. 
Article 4 
I. To be eligible to use a protected designation of 
origin (PDO) or a protected geographical indication (PGI) 
an agricultural product or foodstuff must comply with a 
specification. 
2. The product specification shall include at least: 
(a) the name of the agricultural product or foodstuffs, 
including the designation of origin or the geogra­
phical indication; 
(b) a description of the agricultural product or foodstuff 
including the raw materials, if appropriate, and prin­
cipal physical, chemical, microbiological and/or 
organoleptic characteristics of the product or the food­
stuff ; 
(c) the definition of the geographical area and, if appro­
priate, details indicating compliance with the require­
ments in Article 2 (4); 
(d) evidence that the agricultural product or the foodstuff 
originates in the geographical area, within the 
meaning of Article 2 (2) (a) or (b), whichever is appli­
cable; 
(e) a description of the method of obtaining the agricul­
tural product or foodstuff and, if appropriate, the 
authentic and unvarying local methods; 
(0 the details bearing out the link with the geographical 
environment or the geographical origin within the 
meaning of Article 2 (2) (a) or (b), whichever is appli­
cable; 
(g) details of the inspection structures provided for in 
Article 10; 
(h) the specific labelling details relating to the indication 
PDO or PG I, whichever is applicable, or the equiva­
lent traditional national indications; 
(i) any requirements laid down by Community andlor 
national provisions. 
.A rlic!e 5 
I. Only a group or, subject to certain conditions to be 
laid down in accordance with the procedure provided for 
in Article 15, a natural or legal person, shall beenticled [0 
apply for registration. IP IN 11 IFIN IGI 1 
Page 5 
No L 208/4 Official Journal of the European Communities 24. 7. 92 
For the purposes of this Article, 'Group' means any asso­
ciation, irrespective of its legal form or composition, of 
producers and/or processors working with the same agri­
cultural product or foodstuff. Other interested parties may 
participate in the group. 
2. A group or a natural or legal person may apply for 
registration only in respect of agricultural products or 
foodstuffs which it produces or obtains within the 
meaning of Article 2 (2) (a) or (b). 
3. The application for registration shall include the 
product specification referred to in Article 4. 
4. The application shall be sent to the Member State in 
which the geographical area is located. 
5. The Member State shall check that the application is 
justified and shall forward the application, including che 
product specification referred to in Article 4 and other 
documents on which it has based its decision, to the 
Commission, if it considers that it satisfies the require­
ments of this Regulation. 
If the application concerns a name indicating a geogra­
phical area situated in another Member State also, that 
Member State shall be consulted before any decision is 
taken. 
6. Member States shall introduce the laws, regulations 
and administrative provisions necessary to comply with 
this Article. 
Article 6 
1. Within a period of six months the Commission 
shall verify, by means of a formal investigation, whether 
the registration application includes all the particulars 
provided for in Article 4. 
The Commission shall inform the Member State 
concerned of its findings. 
2. If, after taking account of paragraph I, the Commis­
sion concludes that the name qualifies for protection, it 
shall publish in the Official journal of the European 
Communities the name and address of the applicant, the 
name of the product, the main points of the application, 
the references to national provisions governing the prepa­
ration, production or manufacture of the product and, if 
necessary, the grounds for its conclusions. 
3. If no statement of objections is notified to the 
Commission in accordance with Article 7, the name shall 
be entered in a register kept by the Commission entitled 
'Register of protected designations of origin and protected 
geographical indications', which shall contain the names 
of the groups and the inspection bodies concerned. 
4. The Commission shall publish in the Official 
Journal of the European Communities: 
-the names entered in the Register, 
amendments to the Register made in accordance with 
Article 9 and 11. 5. If, in the light of the investigation provided for in 
paragraph I, the Commission concludes that the name 
does not qualify for protection, it shall decide, in 
accordance with the procedure provided for in Article IS, 
not to proceed with the publication provided for in para­
graph 2 of this Article. 
Before publication as provided for in paragraphs 2 and 4 
and registration as provided for in paragraph 3, the 
Commission may request the opinion of the Committee 
provided for in Article IS. 
A rlicle 7 
I. Within six months of the date of publication in the 
Official journal of the European Communities referred 
to in Article 6 (2), any Member State may object to the 
registration. 
2. The competent authorities of the Member States 
shall ensure that all persons who can demonstrate a legiti­
mate economic interest are authorized to consult the 
application. In addition and in accordance with the exis­
ting situation in the Member States, the Member States 
may provide access to other parties with a legitimate 
interest. 
3. Any legitimately concerned natural or legal person 
may object to the proposed registration by sending a duly 
substantiated statement to the competent authority of the 
Member State in which he resides or is established. The 
competent authority shall take the necessary measures to 
consider these comments or objection within the dead­
lines laid down. 
4. A statement of objection shall be admissible only if 
it : 
-either shows non-compliance with the conditions 
referred to in Article 2, 
or shows that the proposed registration of a name 
would jeopardize the existence of an entirely or panly 
identical name or trade mark or the existence of 
products which are legally on the market at the time 
of publication of this regulation in the Official 
Journal of the European Communities, 
-or indicates the features which demonstrate that the 
name whose registration is applied for is generic in 
nature. 
5. Where an objection is admissible within the 
meaning of paragraph 4, the Commission shall ask the 
Member States concerned to seek agreement among 
themselves in accordance with their internal procedures 
within three months. If: 
(a) agreement is reached, the Member States in question 
shall communicate to the Commission all the factors 
which made agreement possible cogether with the 
applicant's opinion and that of the objector. Where 
there has been no change to the information received 
under Article 5, the Commission shall proceed in 
accordance with Article 6 (4). If there has been a 
change, it shall again initiate the procedure laid down 
in Arcicle 7; IP/N/l/FIN/G/! 
Page 6 
24. 7. 92 Official Journal of the European Communities No L 20815 
(b) no agreement is reached, the Commission shall take a 
decision in accordance with the procedure laid down 
in Article 15, having regard to traditional fair practice 
and of the actual likelihood of confusion. Should it 
decide to proceed with reglsIration, the Commission 
shall carry out publication in accordance with Article 
6 (4). 
Article 8 
The indications PDO, PGI or equivalent traditional 
national indications may appear only on agricultural 
products and foodstuffs that comply with this Regulation. 
Article 9 
The Member State concerned may request the amend­
ment of a specification, in particular to take account of 
developments in scientific and technical knowledge or to 
redefine the geographical area. 
The Article 6 procedure shall apply mlltalis mutandis. 
The Commission may, however, decide, under the proce­
dure laid down in Article 15, not co appiy the Article 6 
procedure in the case of a minor amendment. 
Article 10 
1. Member States shall ensure that not later than six 
months after the entry into force of this Regulation 
inspection suucrures are in place, the function of which 
shall be to ensure that agricultural products and foodstuffs 
bearing a protected name meet the requirements laid 
down in the specifications. 
2. An inspection smJcture may comprise one or more 
designated inspection authorities andlor private bodies 
approved for that purpose by the Member State. Member 
States shall send the Commission lists of the authorities 
andlor bodies approved and their respective powers. The 
Commission shall publish those particulars in the Official 
Journal of the European Communities. 
3. Designated inspection authorities :md/or approved 
private bodies must offer adequate guarantees of objecti­
vity and impartiality with regard to all producers or 
processors subject to their conuol and have permanently 
at their disposal the qualified staff and resources necessary 
to carry out inspection of agricultural products and food­
stuffs bearing a protected name. 
If an inspection structure uses the services of another 
body for some inspections, that body must offer the same 
guarantees. In that event (he designated inspection 
authorities andlor approved private bodies shall, however. 
continue to be responsible 6hZ-t'is the Member State for 
all inspections. As from J January 1998, in order to be approved by the 
Member States for the purpose of this Regulation, private 
bodies must fulfil the requirements laid down in standard 
EN 45011 of 26 June 1989. 
4. If a designated inspection authority andlor private 
body in a Member State establishes that an agricultural 
product or a foodstuff bearing a protected name of origin 
in that Member Scate does not meet che criteria of the 
specification. they shall take the seeps necessary to ensure 
that this Regulation is complied with. They shall inform 
the Member State of the measures taken in carrying out 
their inspections. The parties concerned must be notified 
of all decisions taken. 
5. A Member State must withdraw approval from an 
inspection body where the criteria referred to in para­
graphs 2 and 3 are no longer fulfilled. It shall inform the 
Commission, which shall publish in the Official Journal 
of the European Communities a revised list of approved 
bodies. 
6. The Member States shall adopt the measures neces­
sary co ensure that a producer who complies with this 
Regulation has access to the inspection system. 
7. The costs of inspections provided for under this 
Regulation shall be borne by the producers using the 
protected name. 
Article 11 
1. Any Member State may submit that a condition laid 
down in the product specification of an agricultural 
product or foodstuff covered by a protected name has not 
been met. 
2. The Member State referred to in paragraph I shall 
make its submission to the Member State concerned. The 
Member State concerned shall examine the complaint and 
inform the other Member State of its findings and of any 
measures taken. 
3. In the event of repeated irregularities and the failure 
of the Member States concerned to come to an agreement, 
a duly substantiated application must be sent to the 
Commission. 
4. The Commission shall examine the application by 
consulting the Member States concerned. Where appro­
priate, having consulted the committee referred to in 
Article 15, the Commission shall take the necessary steps. 
These may include cancellation of the registration. 
Article 12 
1. Without prejudice to international agreements, this 
Regul3tion may apply to an agricultural product or food­
stuff from a third country provided that: 
the third country is able to give guarantees identical or 
equivalent to those referred co in Article 4, IP/N/1/FIN/G/l 
Page 7 
No L 208/6 Official Journal of the European Communities 24. 7. 92 
-the third country concerned has inspection arrange­
ments equivalent (0 those laid down in Article 10, 
the third country concerned is prepared to provide 
protection equivalenc [0 that available in the Commu­
nity to corresponding agricultural products for food­
scuffs coming trom the Community. 
2. If a protected name of a third COUntry is identical to 
a Community protected name, registration shall be 
granted with due regard for local and traditional usage 
and the practical risks of confusion. 
Use of such names shall be authorized only if the country 
of origin of the product is clearly and visibly indicated on 
the label. 
Article 13 
1. Registered names shall be protected against: 
(a) any direce or indirect commercial use of a name regis­
tered in respect of products not covered by the regis­
tration in so far as those products are comparable to 
the products registered under that name or insofar as 
using the name exploits the reputation of the 
protected name; 
(b) any misuse, imitation or evocation, even if the true 
origin of the product is indicated or if the protected 
name is translated or accompanied by an expression 
such as 'style', 'type', 'method', 'as produced in', 'imita­
tion' or similar: 
(c) any other false or misleading indication as to the 
provenance, origin, nacure or essential qualities of the 
product, on the inner or outer packaging, advertising 
material or documents relating to che 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 public as co 
the true origin of the product. 
Where a registered name contains within it the name of 
an agricultural product or foodstuff which is considered 
generic, the use of that generic name on the appropriate 
agricultural product or foodstuff shall not be considered 
to be contrary to (a) or (b) in the first subparagraph. 
2. However, Member States may maintain national 
measures authorizing the use of the expressions referred 
to in paragraph I (b) for a period of not more than five 
years after the date of publication of (his Regulation, 
provided that: 
the products have been marketed legally using such 
expressions for at least five years before the date of 
publication of this Regulation. the bbelling clearly indicates the true origin of the 
product. 
However, this exception may not lead to the marketing of 
products freely on the territory of a Member State where 
such expressions are prohibited. 
3. Protected names may not become generic. 
Article 14 
1. Where a designation of origin or geographical indi­
cation is registered in accordance with this Regulation, 
the application for registration of a trade mark correspon­
ding to one of the situations referred to in Article 13 and 
relating to the !'ame type of product shall be refused, 
provided that the application for registration of the trade 
mark was submitted after the date of the publication 
provided for in Anicle 6 (2). 
Trade marks registered in breach of the first subparagraph 
shall be declared invalid. 
This paragraph shall also apply where the application for 
registration of a trade mark was lodged before the date of 
publication of the application for registration provided for 
in Article 6 (2), provided that that publication occured 
before the trade mark was registered. 
2. With due regard for Community law, use of a trade 
mark corresponding to one of the situations referred to in 
Article 13 which was registered in good faith before the 
date on which application for regist.ration of a designation 
of origin or geographical indication was lodged may 
continue notwithstanding the registration of a designation 
of origin or geographical indication, where there are no 
grounds for invalidity or revocation of the trade mark as 
provided respectively by Article 3 (1) (c) and (g) and 
Article 12 (2) (b) of First Council Directive 89/1 04/EEC of 
21 December 1988 to approximate the laws of the 
Member States relating to trade marks ('). 
3. 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 is liable to mislead the 
consumer as to the true identity of the product. 
Article 15 
The Commission shall be assisted by a commirtee 
composed of the representatives of the Member States and 
chaired by the represencative of the Commission. 
(') 0) No L 40, 11. 2. 1989, p. I. Amended by Decision 92/101 
EEC (0) No L 6, 11. I. 1992. p. 35): IP IN I l/FIN IG/l 
Page 8 
24. 7. 92 Official Journal of the European Communities No L 208/7 
The representative of the Commission shall submit to the 
committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the matter. The opinion shall be deli­
vered by the majority laid down in Article 148 (2) of the 
Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. 
The votes of the representatives of the Member States 
within the committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
committee. 
If the measures envisaged are not in accordance with the 
opinion of the committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the 
Council a proposal relating to the measures to be taken. 
The Council shall act by a qualified majority. 
If, on the expiry of a period of three months from the 
date of referral to the Council, the Council has not acted, 
the proposed measures shall be adopted by the Commis­
sion. 
Article 16 
Detailed rules for applying this Regulation shall be 
adopted in accordance with the procedure laid down in 
Article 15. Article 11 
1. Within six months of the entry into force of the 
Regulation, Member States shall inform the Commission 
which of their legally protected names or, in those 
Member States where there is no protection system, which 
of their names established by usage they wish to register 
pursuant to this Regulation. 
2. In accordance with the procedure laid down in 
Article 15, the Commission shall register the names 
referred to in paragraph 1 which comply with Articles 2 
and 4. Article 7 shall not apply. However. ~eneric names 
shall not be added. 
3. Member States may maintain national protection of 
the names communicated in accordance with paragraph 1 
until such time as a decision on registration has been 
taken. 
Article 18 
This Regulation shall enter into force twelve months after 
the date of its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 14 July 1992. 
For the Council 
The President 
J. GUMMER