IP/N/1/EU/G/3  
 
15 April 2013  
(13-1968)  Page: 1/31  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Regulation (EU) No 1151/2012 of the European Parliament 
and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs, as notified by the European Un ion on 20 March 2013 under Article 63.2 of the 
Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (UE) n° 1151/2012 du Parlement européen 
et du Conseil du 21 novembre 2012 relatif aux systèmes de qualité applicables aux produits 
agricoles et aux denrées alimentaires, notifié par l'Union européenne le 20 mars 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
UNIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (UE) N° 1151/2012 del 
Parlamento Europeo y del Consejo, de 21 de noviembre de 2012, sobre los regímenes de calidad 
de los productos agrícolas y alimenticios, notifica do por la Unión Europea el 20 de marzo de 2013 
en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/G/3 
 
- 2 - 
 
  PP 3-31 - Offset (Pdf file attached) 
PP 3 à 31 - Offset (fichier Pdf joint) PP 3-31 - Offset (fichero Pdf adjunto) I 
(Legislative acts)  
REGULATIONS  
REGULATION (EU) No 1151/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 21 November 2012  
on quality schemes for agricultural products and foodstuffs  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European 
Union, and in particular Article 43(2) and the first paragraph of 
Article 118 thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national 
parliaments,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Having regard to the opinion of the Committee of the 
Regions (  2 ), 
Acting in accordance with the ordinary legislative procedure (  3 ), 
Whereas:  
(1) The quality and diversity of the Union’s agricultural, 
fisheries and aquaculture production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due 
to the skills and determination of Union farmers and 
producers who have kept traditions alive while taking into account the developments of new production methods and material.
 (2) Citizens and consumers in the Union increasingly 
demand quality as well as traditional products. They are also concerned to maintain the diversity of the agri ­
cultural production in the Union. This generates a demand for agricultural products or foodstuffs with iden ­
tifiable specific characteristics, in particular those linked to their geographical origin.
 
(3) Producers can only continue to produce a diverse range 
of quality products if they are rewarded fairly for their effort. This requires that they are able to communicate to buyers and consumers the characteristics of their product under conditions of fair competition. It also requires them to be able to correctly identify their products on the marketplace.
 
(4) Operating quality schemes for producers which reward 
them for their efforts to produce a diverse range of quality products can benefit the rural economy. This is particularly the case in less favoured areas, in mountain areas and in the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way quality schemes are able to contribute to and complement rural devel ­
opment policy as well as market and income support policies of the common agricultural policy (CAP). In particular, they may contribute to areas in which the 
farming sector is of greater economic importance and, 
especially, to disadvantaged areas.
 
(5) The Europe 2020 policy priorities as set out in the 
Commission Communication entitled ‘Europe 2020: A 
strategy for smart, sustainable and inclusive growth’, 
include the aims of achieving a competitive economy based on knowledge and innovation and fostering a high-employment economy delivering social and terri ­
torial cohesion. Agricultural product quality policy should therefore provide producers with the right tools to better identify and promote those of their products that have specific characteristics while protecting those producers against unfair practices.EN 14.12.2012 Official Journal of the European Union L 343/1  
( 1 ) OJ C 218, 23.7.2011, p. 114.  
( 2 ) OJ C 192, 1.7.2011, p. 28.  
( 3 ) Position of the European Parliament of 13 September 2012 (not yet 
published in the Official Journal) and decision of the Council of 
13 November 2012.
IP/N/1/EU/G/3 
        - 3 -(6) The set of complementary measures envisaged should 
respect the principles of subsidiarity and proportionality.  
(7) Agricultural product quality policy measures are laid 
down in Council Regulation (EEC) No 1601/91 of 
10 June 1991 laying down general rules on the defi ­
nition, description and presentation of aromatized 
wines, aromatized wine-based drinks and aromatized 
wine-product cocktails (  1 ); Council Directive 
2001/110/EC of 20 December 2001 relating to honey (
 2 ) and in particular in Article 2 thereof, Council 
Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost 
regions of the Union (
 3 ) and in particular in Article 14 
thereof; Council Regulation (EC) No 509/2006 of 
20 March 2006 on agricultural products and foodstuffs 
as traditional specialities guaranteed (  4 ); Council Regu ­
lation (EC) No 510/2006 of 20 March 2006 on the 
protection of geographical indications and designations of origin for agricultural products and foodstuffs (
 5 ); 
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (
 6 ) and in particular in 
Part II, Title II, Chapter I, Section I and in Section Ia, 
Subsection I thereof; Council Regulation (EC) No 
834/2007 of 28 June 2007 on organic production and labelling of organic products (
 7 ); and Regulation (EC) No 
110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, pres ­
entation, labelling and the protection of geographical 
indications of spirit drinks (
 8 ). 
(8) The labelling of agricultural products and foodstuffs 
should be subject to the general rules laid down in 
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (
 9 ), and in 
particular the provisions aimed at preventing labelling 
that may confuse or mislead consumers.  
(9) The Communication from the Commission to the 
European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions on agricultural product quality policy identified the achievement of a greater overall coherence and consistency of agricultural product quality policy as a priority.
 
(10) The geographical indications scheme for agricultural 
products and foodstuffs and the traditional specialities guaranteed scheme have certain common objectives and provisions.
 
(11) The Union has for some time been pursuing an approach 
that aims to simplify the regulatory framework of the CAP. This approach should also be applied to regulations in the field of agricultural product quality policy, without, in so doing, calling into question the specific character ­
istics of those products.
 
(12) Some regulations that form part of the agricultural 
product quality policy have been reviewed recently but are not yet fully implemented. As a result, they should not be included in this Regulation. However, they may be incorporated at a later stage, once the legislation has been fully implemented.
 
(13) In the light of the aforementioned considerations, the 
following provisions should be amalgamated into a single legal framework comprising the new or updated provisions of Regulations (EC) No 509/2006 and (EC) No 510/2006 and those provisions of Regulations (EC) No 509/2006 and (EC) No 510/2006 that are main ­
tained.
 
(14) In the interests of clarity and transparency, Regulations 
(EC) No 509/2006 and (EC) No 510/2006 should therefore be repealed and replaced by this Regulation.
 
(15) The scope of this Regulation should be limited to the 
agricultural products intended for human consumption listed in Annex I to the Treaty and to a list of products outside the scope of that Annex that are closely linked to agricultural production or to the rural economy.
 
(16) The rules provided for in this Regulation should apply 
without affecting existing Union legislation on wines, aromatised wines, spirit drinks, product of organic farming, or outermost regions.
 
(17) The scope for designations of origin and geographical 
indications should be limited to products for which an intrinsic link exists between product or foodstuff char ­
acteristics and geographical origin. The inclusion in the current scheme of only certain types of chocolate as confectionery products is an anomaly that should be corrected.
 
(18) The specific objectives of protecting designations of 
origin and geographical indications are securing a fair return for farmers and producers for the qualities and characteristics of a given product, or of its mode of production, and providing clear information on products with specific characteristics linked to geographical origin, thereby enabling consumers to make more informed purchasing choices.EN L 343/2 Official Journal of the European Union 14.12.2012  
( 1 ) OJ L 149, 14.6.1991, p. 1.  
( 2 ) OJ L 10, 12.1.2002, p. 47.  
( 3 ) OJ L 42, 14.2.2006, p. 1.  
( 4 ) OJ L 93, 31.3.2006, p. 1.  
( 5 ) OJ L 93, 31.3.2006, p. 12.  
( 6 ) OJ L 299, 16.11.2007, p. 1.  
( 7 ) OJ L 189, 20.7.2007, p. 1.  
( 8 ) OJ L 39, 13.2.2008, p. 16.  
( 9 ) OJ L 109, 6.5.2000, p. 29.
IP/N/1/EU/G/3 
        - 4 -(19) Ensuring uniform respect throughout the Union for the 
intellectual property rights related to names protected in 
the Union is a priority that can be achieved more effec ­
tively at Union level.  
(20) A Union framework that protects designations of origin 
and geographical indications by providing for their inclusion on a register facilitates the development of those instruments, since the resulting, more uniform, approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. Provision should be made for the devel ­
opment of designations of origin and geographical indi ­
cations at Union level and for promoting the creation of mechanisms for their protection in third countries in the 
framework of the World Trade Organisation (WTO) or 
multilateral and bilateral agreements, thereby contributing to the recognition of the quality of products and of their model of production as a factor that adds value.
 
(21) In the light of the experience gained from the implemen ­
tation of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indi ­
cations and designations of origin for agricultural products and foodstuffs (
 1 ) and Regulation (EC) No 
510/2006, there is a need to address certain issues, to clarify and simplify some rules and to streamline the 
procedures of this scheme.
 
(22) In the light of existing practice, the two different 
instruments for identifying the link between the 
product and its geographical origin, namely the protected designation of origin and the protected geographical indication, should be further defined and maintained. Without changing the concept of those instruments, some modifications to the definitions should be adopted in order to better take into account the definition of geographical indications laid down in the Agreement on Trade-Related Aspects of Intellectual Property Rights and to make them simpler and clearer for operators to understand.
 
(23) An agricultural product or foodstuff bearing such a 
geographical description should meet certain conditions set out in a specification, such as specific requirements aimed at protecting the natural resources or landscape of the production area or improving the welfare of farm animals.
 
(24) To qualify for protection in the territories of Member 
States, designations of origin and geographical indi ­
cations should be registered only at Union level. With effect from the date of application for such registration at Union level, Member States should be able to grant tran ­
sitional protection at national level without affecting intra-Union or international trade. The protection afforded by this Regulation upon registration, should be equally available to designations of origin and geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin.
 
(25) The registration procedure at Union level should enable 
any natural or legal person with a legitimate interest from a Member State, other than the Member State of the application, or from a third country, to exercise their rights by notifying their opposition.
 
(26) Entry in the register of protected designations of origin 
and protected geographical indications should also provide information to consumers and to those involved in trade.
 
(27) The Union negotiates international agreements, including 
those concerning the protection of designations of origin and geographical indications, with its trade partners. In 
order to facilitate the provision to the public of 
information about the names so protected, and in particular to ensure protection and control of the use to which those names are put, the names may be entered in the register of protected designations of origin and protected geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.
 
(28) In view of their specific nature, special provisions 
concerning labelling should be adopted in respect of protected designations of origin and protected geographical indications that require producers to use the appropriate Union symbols or indications on pack ­
aging. In the case of Union names, the use of such symbols or indications should be made obligatory in order to make this category of products, and the guar ­
antees attached to them, better known to consumers and in order to permit easier identification of these products on the market, thereby facilitating checks. Taking into account the requirements of the WTO, the use of such symbols or indications should be made voluntary for third-country geographical indications and designations of origin.
 
(29) Protection should be granted to names included in the 
register with the aim of ensuring that they are used fairly and in order to prevent practices liable to mislead consumers. In addition, the means of ensuring that geographical indications and designations of origin are protected should be clarified, particularly as regards the role of producer groups and competent authorities of Member States.
 
(30) Provision should be made for specific derogations that 
permit, for transitional periods, the use of a registered name alongside other names. Those derogations shouldEN 14.12.2012 Official Journal of the European Union L 343/3  
( 1 ) OJ L 208, 24.7.1992, p. 1.
IP/N/1/EU/G/3 
        - 5 -be simplified and clarified. In certain cases, in order to 
overcome temporary difficulties and with the long-term 
objective of ensuring that all producers comply with the specifications, those derogations may be granted for a period of up to 10 years.
 
(31) The scope of the protection granted under this Regu ­
lation should be clarified, in particular with regard to those limitations on registration of new trade marks set out in Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (
 1 ) 
that conflict with the registration of protected desig ­
nations of origin and protected geographical indications as is already the case for the registration of new trade marks at Union level. Such clarification is also necessary 
with regard to the holders of prior rights in intellectual 
property, in particular those concerning trade marks and homonymous names registered as protected designations of origin or as protected geographical indications.
 
(32) Protection of designations of origin and geographical 
indications should be extended to the misuse, imitation 
and evocation of the registered names on goods as well 
as on services in order to ensure a high level of protection and to align that protection with that which applies to the wine sector. When protected designations of origin or protected geographical indications are used as ingredients, the Commission Communication entitled ‘Guidelines on the labelling of foodstuffs using protected designations of origin (PDOs) or protected geographical indications (PGIs) as ingredients’ should be taken into account.
 
(33) The names already registered under Regulation (EC) No 
510/2006 on 3 January 2013 should continue to be protected under this Regulation and they should be auto ­
matically included in the register.
 
(34) The specific objective of the scheme for traditional 
specialities guaranteed is to help the producers of tradi ­
tional products to communicate to consumers the value- adding attributes of their product. However, as only a few names have been registered, the current scheme for traditional specialities guaranteed has failed to realise its potential. Current provisions should therefore be improved, clarified and sharpened in order to make the scheme more understandable, operational and attractive to potential applicants.
 
(35) The current scheme provides the option to register a 
name for identification purposes without reservation of the name in the Union. As this option has not been well understood by stakeholders and since the function of identifying traditional products can be better achieved at Member State or regional level in application of the principle of subsidiarity, this option should be discon ­
tinued. In the light of experience, the scheme should only deal with the reservation of names across the Union.
 
(36) To ensure that names of genuine traditional products are 
registered under the scheme, the criteria and conditions 
for registration of a name should be adapted, in particular those concerning the definition of ‘traditional’, which should cover products that have been produced for a significant period of time.
 
(37) To ensure that traditional specialities guaranteed comply 
with their specification and are consistent, producers 
organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third-country producers.
 
(38) To qualify for reservation, traditional specialities guar ­
anteed should be registered at Union level. The entry in the register should also provide information to consumers and to those involved in the trade.
 
(39) In order to avoid creating unfair conditions of 
competition, any producer, including a third-country producer, should be able to use a registered name of a 
traditional speciality guaranteed, provided that the 
product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls. For traditional specialities guar ­
anteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’.
 
(40) In order to protect registered names from misuse, or 
from practices that might mislead consumers, their use should be reserved.
 
(41) For those names already registered under Regulation (EC) 
No 509/2006 that, on 3 January 2013, would otherwise not be covered by the scope of this Regulation, the terms of use laid down in Regulation (EC) No 509/2006 should continue to apply for a transitional period.
 
(42) A procedure should be introduced for registering names 
that are registered without reservation of name pursuant to Regulation (EC) No 509/2006, enabling them to be registered with reservation of name.
 
(43) Provision should also be made for transitional measures 
applicable to registration applications received by the Commission before 3 January 2013.
 
(44) A second tier of quality systems, based on quality terms 
which add value, which can be communicated on the internal market and which are to be applied voluntarily,EN L 343/4 Official Journal of the European Union 14.12.2012  
( 1 ) OJ L 299, 8.11.2008, p. 25.
IP/N/1/EU/G/3 
        - 6 -should be introduced. Those optional quality terms 
should refer to specific horizontal characteristics, with 
regard to one or more categories of products, farming methods or processing attributes which apply in specific areas. The optional quality term ‘mountain product’ has met the conditions up to now and will add value to the product on the market. In order to facilitate the appli ­
cation of Directive 2000/13/EC where the labelling of 
foodstuffs may give rise to consumer confusion in 
relation to optional quality terms, including in particular ‘mountain products’, the Commission may adopt guide ­
lines.
 
(45) In order to provide mountain producers with an effective 
tool to better market their product and to reduce the actual risks of consumer confusion as to the mountain provenance of products in the market place, provision should be made for the definition at Union level of an optional quality term for mountain products. The defi ­
nition of mountain areas should build on the general classification criteria employed to identify a mountain area in Council Regulation (EC) No 1257/1999 of 
17 May 1999 on support for rural development from 
the European Agricultural Guidance and Guarantee Fund (EAGGF) (
 1 ). 
(46) The added value of the geographical indications and 
traditional specialities guaranteed is based on consumer trust. It is only credible if accompanied by effective verifi ­
cation and controls. Those quality schemes should be subject to a monitoring system of official controls, in line with the principles set out in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance 
with feed and food law, animal health and animal 
welfare rules (
 2 ), and should include a system of checks 
at all stages of production, processing and distribution. In order to help Member States to better apply provisions of 
Regulation (EC) No 882/2004 for the controls of 
geographical indications and traditional specialities guar ­
anteed, references to the most relevant articles should be 
mentioned in this Regulation.
 
(47) To guarantee to the consumer the specific characteristics 
of geographical indications and traditional specialities guaranteed, operators should be subject to a system that verifies compliance with the product specification.
 
(48) In order to ensure that they are impartial and effective, 
the competent authorities should meet a number of oper ­
ational criteria. Provisions on delegating some competences of performing specific control tasks to control bodies should be envisaged.
 
(49) European standards (EN standards) developed by the 
European Committee for Standardisation (CEN) and international standards developed by the International Organisation for Standardisation (ISO) should be used for the accreditation of the control bodies as well as 
by those bodies for their operations. The accreditation 
of those bodies should take place in accordance with 
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market 
surveillance relating to the marketing of products (
 3 ). 
(50) Information on control activities for geographical indi ­
cations and traditional specialities guaranteed should be 
included in the multiannual national control plans and annual report prepared by the Member States in accordance with Regulation (EC) No 882/2004.
 
(51) Member States should be authorised to charge a fee to 
cover the costs incurred.  
(52) Existing rules concerning the continued use of names 
that are generic should be clarified so that generic terms that are similar to or form part of a name or term that is protected or reserved should retain their generic status.
 
(53) The date for establishing the seniority of a trade mark 
and of a designation of origin or a geographical indi ­
cation should be that of the date of application of the trade mark for registration in the Union or in the Member States and the date of application for protection of a designation of origin or a geographical indication to the Commission.
 
(54) The provisions dealing with the refusal or coexistence of 
a designation of origin or a geographical indication on the ground of conflict with a prior trade mark should continue to apply.
 
(55) The criteria by which subsequent trade marks should be 
refused or, if registered, invalidated on the ground that they conflict with a prior designation of origin or geographical indication should correspond to the scope of protection of designation of origin or a geographical indication laid down.
 
(56) The provisions of systems establishing intellectual 
property rights, and particularly of those established by the quality scheme for designations of origin and geographical indications or those established under trade mark law, should not be affected by the reservation of names and the establishment of indications and symbols pursuant to the quality schemes for traditional specialities guaranteed and for optional quality terms.EN 14.12.2012 Official Journal of the European Union L 343/5  
( 1 ) OJ L 160, 26.6.1999, p. 80.  
( 2 ) OJ L 165, 30.4.2004, p. 1.  (  3 ) OJ L 218, 13.8.2008, p. 30.
IP/N/1/EU/G/3 
        - 7 -(57) The role of groups should be clarified and recognised. 
Groups play an essential role in the application process 
for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, as well as in the amendment of specifications and cancellation requests. The group can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance 
of the production with the product specification, the 
information and promotion of the registered name as well as, in general, any activity aimed at improving the value of the registered names and effectiveness of the quality schemes. Moreover, it should monitor the position of the products on the market. Nevertheless, these activities should not facilitate nor lead to anti- competitive conduct incompatible with Articles 101 and 102 of the Treaty.
 
(58) To ensure that registered names of designations of origin 
and geographical indications and traditional specialities guaranteed meet the conditions laid down by this Regu ­
lation, applications should be examined by the national authorities of the Member State concerned, in compliance with minimum common provisions, 
including a national opposition procedure. The 
Commission should subsequently scrutinise applications to ensure that there are no manifest errors and that Union law and the interests of stakeholders outside the Member State of application have been taken into account.
 
(59) Registration as designations of origin, geographical indi ­
cations and traditional specialities guaranteed should be open to names that relate to products originating in third countries and that satisfy the conditions laid down by this Regulation.
 
(60) The symbols, indications and abbreviations identifying 
participation in a quality scheme, and the rights therein pertaining to the Union, should be protected in the 
Union as well as in third countries with the aim of 
ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. Furthermore, in order for the protection to be effective, the Commission should have recourse to reasonable budget resources on a centralised basis within the framework of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (
 1 ) and in accordance 
with Article 5 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (
 2 ). 
(61) The registration procedure for protected designations of 
origin, protected geographical indications and traditional specialities guaranteed, including the scrutiny and the opposition periods, should be shortened and improved, in particular as regards decision making. The Commission, in certain circumstances acting with the assistance of Member States, should be responsible for decision-making on registration. Procedures should be laid down to allow the amendment of product specifi ­
cations after registration and the cancellation of registered names, in particular if the product no longer complies with the corresponding product specification or if a name is no longer used in the market place.
 
(62) In order to facilitate cross-border applications for joint 
registration of protected designations of origin, protected geographical indications or traditional specialities guar ­
anteed, provision should be made for appropriate procedures.
 
(63) In order to supplement or amend certain non-essential 
elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of supplementing 
the list of products set out in Annex I to this Regulation; 
establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules which limit the information contained in the product specification; establishing the Union symbols; laying down additional transitional rules in order to protect the rights and legitimate interests of producers or stakeholders concerned; laying down further details on the eligibility criteria for the names of traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use and amending those conditions; laying down derogations to the use of the 
term ‘mountain product’ and establishing the methods 
of production, and other criteria relevant for the appli ­
cation of that optional quality term, in particular, laying down the conditions under which raw materials or feed ­
stuffs are permitted to come from outside the mountain areas; laying down additional rules for determining the generic status of terms in the Union; laying down rules for determining the use of the name of a plant variety or of an animal breed; defining the rules for carrying out the national objection procedure for joint applications concerning more than one national territory; and forEN L 343/6 Official Journal of the European Union 14.12.2012  
( 1 ) OJ L 277, 21.10.2005, p. 1.  (  2 ) OJ L 209, 11.8.2005, p. 1.
IP/N/1/EU/G/3 
        - 8 -complementing the rules of the application process, the 
opposition process, the amendment application process 
and the cancellation process in general. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant 
documents to the European Parliament and to the 
Council.
 
(64) In order to ensure uniform conditions for the implemen ­
tation of this Regulation, implementing powers should be 
conferred on the Commission as regards laying down rules on the form of the product specification; laying down detailed rules on the form and content of the register of protected designations of origin and protected geographical indications; defining the technical characteristics of the Union symbols and indi ­
cations as well as the rules on their use on products, 
including the appropriate linguistic versions to be used; 
granting and extending transitional periods for temporary derogations for use of protected designations of origin and protected geographical indication; laying down detailed rules on the form and content of the register of traditional specialities guaranteed; laying down rules 
for the protection of traditional specialities guaranteed; 
laying down all measures relating to forms, procedures 
and other technical details for the application of Title IV; laying down rules for the use of optional quality terms; laying down rules for the uniform protection of indi ­
cations, abbreviations and symbols referring to the quality schemes; laying down detailed rules on the procedure, form and presentation of applications for registration and of oppositions; rejecting the application; deciding on the registration of a name if an agreement has not been reached; laying down detailed rules on the 
procedure, form and presentation of an amendment 
application; cancelling the registration of a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed; and laying down 
detailed rules on the procedure and form of the cancel ­
lation process and on the presentation of the requests for 
cancellation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (
 1 ). 
(65) In respect of establishing and maintaining registers of 
protected designations of origin, protected geographical indications and traditional specialties guaranteed, recognised under this scheme; defining the means by which the name and address of product certification bodies are to be made public; and registering a name if there is no notice of opposition or no admissible reasoned statement of opposition or in the case there is one the agreement has been reached, the Commission should be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011,
 HAVE ADOPTED THIS REGULATION:  
TITLE I  
GENERAL PROVISIONS  
Article 1  
Objectives  
1. This Regulation aims to help producers of agricultural 
products and foodstuffs to communicate the product character ­
istics 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:  
(a) value-adding characteristics; or  
(b) value-adding attributes as a result of the farming or 
processing methods used in their production, or of the place of their production or marketing.  
Article 2  
Scope  
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, aromatised 
wines or grapevine products as defined in Annex XIb to Regu ­
lation (EC) No 1234/2007, with the exception of wine-vinegars.EN 14.12.2012 Official Journal of the European Union L 343/7  
( 1 ) OJ L 55, 28.2.2011, p. 13.
IP/N/1/EU/G/3 
        - 9 -3. This Regulation shall apply without prejudice to other 
specific Union provisions relating to the placing of products 
on the market and, in particular, to the single common organi ­
sation of the markets, 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 (
 1 ) 
shall not apply to the quality schemes established by this Regu ­
lation. 
Article 3  
Definitions  
For the purposes of this Regulation the following definitions 
shall apply:  
(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 char ­
acteristic 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 prep ­
aration;  
(8) ‘processed products’ means foodstuffs resulting from the 
processing of unprocessed products. Processed products 
may contain ingredients that are necessary for their manu ­
facture or to give them specific characteristics.
 TITLE II  
PROTECTED DESIGNATIONS OF ORIGIN AND PROTECTED 
GEOGRAPHICAL INDICATIONS  
Article 4  
Objective  
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.  
Article 5  
Requirements for designations of origin and geographical 
indications  
1. For the purpose of this Regulation, ‘designation of origin’ 
is a name which identifies a product:  
(a) originating in a specific place, region or, in exceptional 
cases, a 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, ‘geographical indi ­
cation’ is a 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 take 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;EN L 343/8 Official Journal of the European Union 14.12.2012  
( 1 ) OJ L 204, 21.7.1998, p. 37.
IP/N/1/EU/G/3 
        - 10 -(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.  
Article 6  
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 desig ­
nations 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.  
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.  
Article 7  
Product specification  
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) the link between the quality or characteristics of the 
product and the geographical environment referred to in Article 5(1); or  
(ii) where appropriate, 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;EN 14.12.2012 Official Journal of the European Union L 343/9
IP/N/1/EU/G/3 
        - 11 -(h) any specific labelling rule for the product in question.  
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).  
Article 8  
Content of application for registration 
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 appro ­
priate, 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 Regu ­
lation and the provisions adopted pursuant thereto;  
(d) the publication reference of the product specification.  Article 9  
Transitional national protection  
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.  
Article 10 
Grounds for opposition  
1. A reasoned statement of opposition as referred to in 
Article 51(2) 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.  
Article 11 
Register of protected designations of origin and protected 
geographical indications
 
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.EN L 343/10 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 12 -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 Regu ­
lation, 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.  
Article 12 
Names, symbols and indications  
1. Protected designations of origin and protected 
geographical indications may be used by any operator marketing a product conforming to the corresponding specifi ­
cation.  
2. Union symbols designed to publicise protected desig ­
nations 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 a 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. In 
addition, the registered name of the product should appear in the same field of vision. 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 indi ­
cation.  
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).  
Article 13  
Protection 
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 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 prov ­
enance, 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.EN 14.12.2012 Official Journal of the European Union L 343/11
IP/N/1/EU/G/3 
        - 13 -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.  
Article 14  
Relations between trade marks, designations of origin and 
geographical indications  
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 indi ­
cation 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 indi ­
cation is submitted to the Commission, may continue to be 
used and renewed for that product notwithstanding the regis ­
tration 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 (
 1 ) 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.  
Article 15  
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).  
2. Without prejudice to Article 14, the Commission may 
adopt implementing acts extending the transitional period 
mentioned in paragraph 1 of this Article 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).  
Article 16 
Transitional provisions
 
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 specifi ­
cations referred to in Article 7 of this Regulation. Any specific transitional provisions associated with such registrations shall continue to apply.EN L 343/12 Official Journal of the European Union 14.12.2012  
( 1 ) OJ L 78, 24.3.2009, p. 1.
IP/N/1/EU/G/3 
        - 14 -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.
 
TITLE III  
TRADITIONAL SPECIALITIES GUARANTEED  
Article 17  
Objective  
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.  
Article 18 
Criteria  
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.  
Article 19  
Product specification  
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 char ­
acter.  
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).  
Article 20 
Content of application for registration  
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.EN 14.12.2012 Official Journal of the European Union L 343/13
IP/N/1/EU/G/3 
        - 15 -Article 21 
Grounds for opposition  
1. A reasoned statement of opposition as referred to in 
Article 51(2) 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 regis ­
tration is incompatible with the terms of this Regulation; or  
(b) shows that use of the name is lawful, renowned and econ ­
omically 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.  
Article 22 
Register of traditional specialities guaranteed  
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 tradi ­
tional 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).  
Article 23 
Names, symbol and indication  
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 the products originating in the Union that 
are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol 
referred to in paragraph 2 shall, without prejudice to 
paragraph 4, appear on the labelling. In addition, the name of 
the product should appear in the same field of vision. The indication ‘traditional speciality guaranteed’ or the 
corresponding abbreviation ‘TSG’ may also 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).  
Article 24 
Restriction on use of registered names  
1. Registered names shall be protected against any misuse, 
imitation or evocation, 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 guar ­
anteed. Those implementing acts shall be adopted in accordance 
with the examination procedure referred to in Article 57(2).  
Article 25 
Transitional provisions  
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.  
Article 26 
Simplified procedure  
1. At the request of a group, a Member State may submit, no 
later than 4 January 2016, to the Commission names of tradi ­
tional 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.EN L 343/14 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 16 -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.  
TITLE IV  
OPTIONAL QUALITY TERMS  
Article 27  
Objective  
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.  
Article 28 
National Rules  
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.  
Article 29 
Optional quality terms  
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.  
Article 30  
Reservation and amendment  
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.  
Article 31 
Mountain product  
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;  
(b) in the case of processed products, the processing also takes 
place in mountain areas.
 
2. For the purposes of this Article, mountain areas within the 
Union are those delimited pursuant to Article 18(1) of Regu ­
lation (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.EN 14.12.2012 Official Journal of the European Union L 343/15
IP/N/1/EU/G/3 
        - 17 -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.  
Article 32 
Product of island farming  
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’.  
Article 33 
Restrictions on use 
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 imple ­
menting acts shall be adopted in accordance with the exam ­
ination procedure referred to in Article 57(2).  
Article 34 
Monitoring  
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.
 TITLE V 
COMMON PROVISIONS  
CHAPTER I  
Official controls of protected designations of origin, protected 
geographical indications and traditional specialities guar­
anteed  
Article 35 
Scope 
The provisions of this Chapter shall apply in respect of the 
quality schemes set out in Title II and Title III.  
Article 36 
Designation of competent authority  
1. In accordance with Regulation (EC) No 882/2004, 
Member States shall designate the competent authority or auth ­
orities responsible for official controls carried out to verify 
compliance with the legal requirements related to the quality 
schemes established by this Regulation.  
Procedures and requirements of Regulation (EC) No 882/2004 
shall apply  mutatis mutandis to the official controls carried out to 
verify compliance with the legal requirement related to the 
quality schemes for all products covered by Annex I to this 
Regulation.  
2. The competent authorities referred to in paragraph 1 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.  
3. Official controls shall cover:  
(a) verification that a product complies with the corresponding 
product specification; and  
(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.  
Article 37 
Verification of compliance with product specification  
1. In respect of protected designations of origin, protected 
geographical indications and traditional specialities guaranteed 
that designate products originating within the Union, verifi ­
cation of compliance with the product specification, before placing the product on the market, shall be carried out by:  
(a) one or more of the competent authorities as referred to in 
Article 36 of this Regulation; and/or
 
(b) one or more of the control bodies within the meaning of 
point (5) of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body.EN L 343/16 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 18 -The costs of such verification of compliance with the specifi ­
cations 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 indi ­
cations 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.  
3. Member States shall make public the name and address of 
the authorities and bodies referred to paragraph 1 of this Article, and update that information periodically.  
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 paragraphs 1 and 2 of this Article shall be 
made public.  
Article 38 
Surveillance of the use of the name in the market place  
Member States shall inform the Commission of the names and 
addresses of the competent authorities referred to in Article 36. The Commission shall make public the names and addresses of those authorities.  
Member States shall carry out checks, based on a risk analysis, 
to ensure compliance with the requirements of this Regulation and, in the event of breaches, Member States shall take all necessary measures.  
Article 39 
Delegation by competent authorities to control bodies  
1. Competent authorities may delegate, in accordance with 
Article 5 of Regulation (EC) No 882/2004, specific tasks related 
to official controls of the quality schemes to one or more 
control bodies.  
2. Such control bodies shall be accredited in accordance with 
European Standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).  
3. Accreditation referred to in paragraph 2 of this Article 
may only be performed by:  
(a) a national accreditation body in the Union in accordance 
with the provisions of Regulation (EC) No 765/2008; or  (b) an accreditation body outside the Union that is a signatory 
of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.  
Article 40  
Planning and reporting of control activities  
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.
 
CHAPTER II  
Exceptions for certain prior uses 
Article 41  
Generic terms  
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.  
Article 42  
Plant varieties and animal breeds  
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;
 
(b) consumers are not misled;EN 14.12.2012 Official Journal of the European Union L 343/17
IP/N/1/EU/G/3 
        - 19 -(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.  
Article 43 
Relation to intellectual property 
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.
 
CHAPTER III  
Quality scheme indications and symbols and role of producers  
Article 44 
Protection of indications and symbols  
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;  
(c) ‘mountain product’, as provided for in Title IV.  
2. In accordance with Article 5 of Regulation (EC) No 
1290/2005, the European Agricultural Fund for Rural Devel ­
opment (EAFRD) may, on the initiative of the Commission or 
on its behalf, finance, on a centralised basis, administrative 
support concerning the development, preparatory work, moni ­
toring, administrative and legal support, legal defence, regis ­
tration 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).  
Article 45 
Role of groups 
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 auth ­
enticity 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 func ­
tioning 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.  
Article 46 
Right to use the schemes
 
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 estab ­
lished pursuant to Article 37.EN L 343/18 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 20 -2. Operators who prepare and store a product marketed 
under the traditional speciality guaranteed, protected desig ­
nation 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 partici ­
pation that are discriminatory or otherwise not objectively founded.  
Article 47 
Fees  
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.
 
CHAPTER IV  
Application and registration processes for designations of 
origin, geographical indications, and traditional specialities 
guaranteed  
Article 48 
Scope of application processes  
The provisions of this Chapter shall apply in respect of the 
quality schemes set out in Title II and Title III.  
Article 49 
Application for registration of names  
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 regis ­
tered. 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 appli ­
cation.  
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 appli ­
cation 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 auth ­
orities 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.EN 14.12.2012 Official Journal of the European Union L 343/19
IP/N/1/EU/G/3 
        - 21 -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 comple ­
menting the rules of the application process.  
The Commission may adopt implementing acts laying down 
detailed rules on procedures, form and presentation of appli ­
cations, 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).  
Article 50 
Scrutiny by the Commission and publication for 
opposition 
1. The Commission shall scrutinise by appropriate means 
any application that it receives pursuant to Article 49, in 
order to check that it is justified and that it meets the 
conditions of the respective scheme. This scrutiny should not 
exceed a period of six months. Where this period is exceeded, 
the Commission shall indicate in writing to the applicant the reasons for the delay.  
The Commission shall, at least each month, make public the list 
of names for which registration applications have been submitted to it, as well as their date of submission.  
2. Where, based on the scrutiny carried out pursuant to the 
first subparagraph of paragraph 1, the Commission considers that the conditions laid down in this Regulation are fulfilled, 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.  
Article 51 
Opposition procedure 
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 a natural or legal 
person having a legitimate interest and established in a third 
country may lodge a notice of opposition with the Commission.  
Any natural or legal person having a legitimate interest, estab ­
lished or resident in a Member State other than that from which 
the application was submitted, may lodge a notice of opposition 
with the Member State in which it is established within a time 
limit permitting an opposition to be lodged pursuant to the first 
subparagraph.  
A notice of opposition shall contain a declaration that the 
application might infringe the conditions laid down in this 
Regulation. A notice of opposition that does not contain this declaration is void.  The Commission shall forward the notice of opposition to the 
authority or body that lodged the application without delay.  
2. If a notice of opposition is lodged with the Commission 
and is followed within two months by a reasoned statement of opposition, the Commission shall check the admissibility of this 
reasoned statement of opposition.  
3. Within two months after the receipt of an admissible 
reasoned statement of opposition, the Commission shall invite 
the authority or person that lodged the opposition and the authority or body that lodged the application to engage in 
appropriate consultations for a reasonable period that shall 
not exceed three months.  
The authority or person that lodged the 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 of this Regulation. If no agreement is reached, this information shall also be provided to the Commission.  
At any time during these three months, 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 notice of opposition, the reasoned statement of 
opposition and the related documents which are sent to the 
Commission in accordance with paragraphs 1 to 4 of this Article 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).  
Article 52 
Decision on registration
 
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 for registration are not fulfilled, it shall adopt implementing acts rejecting the application. Those imple ­
menting acts shall be adopted in accordance with the exam ­
ination procedure referred to in Article 57(2).EN L 343/20 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 22 -2. If the Commission receives no notice of opposition or no 
admissible reasoned statement of opposition under Article 51, it 
shall adopt implementing acts, without applying the 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. 
Article 53 
Amendment to a product specification 
1. A group having a legitimate interest may apply for 
approval of an amendment to a product specification.  
Applications shall describe and give reasons for the 
amendments requested.  
2. Where the amendment involves one or more amendments 
to the specification that are not minor, the amendment appli ­
cation 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 of an 
amendment application, including where the amendment does not involve any change to the single document and where it 
concerns a temporary change in the specification resulting from 
the imposition of obligatory sanitary or phytosanitary measures by the public authorities, the Commission shall be empowered 
to adopt delegated acts, in accordance with Article 56, comple ­
menting the rules of the amendment application process.  
The Commission may adopt implementing acts laying down 
detailed rules on procedures, form and presentation of an 
amendment application. Those implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 57(2).  
Article 54  
Cancellation 
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 tradi ­
tional 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).EN 14.12.2012 Official Journal of the European Union L 343/21
IP/N/1/EU/G/3 
        - 23 -TITLE VI  
PROCEDURAL AND FINAL PROVISIONS  
CHAPTER I  
Local farming and direct sales  
Article 55 
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.
 
CHAPTER II  
Procedural rules  
Article 56 
Exercise of the delegation  
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.  
Article 57  
Committee procedure 
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.
 
CHAPTER III  
Repeal and final provisions  
Article 58 
Repeal  
1. Regulations (EC) No 509/2006 and (EC) No 510/2006 are 
hereby repealed.  
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.EN L 343/22 Official Journal of the European Union 14.12.2012
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        - 24 -Article 59 
Entry into force  
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.  
Done at Strasbourg, 21 November 2012.  
For the European Parliament 
The President  
M. SCHULZ  For the Council 
The President  
A. D. MAVROYIANNISEN 14.12.2012 Official Journal of the European Union L 343/23
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        - 25 -ANNEX I 
AGRICULTURAL PRODUCTS AND FOODSTUFFS REFERRED TO IN ARTICLE 2(1)  
I. Designations of Origin and Geographical indications  
— 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,  
— scutched flax,  
— leather,  
— fur,  
— feather.  
II. Traditional specialities guaranteed  
— prepared meals,  
— beer,  
— chocolate and derived products,  
— bread, pastry, cakes, confectionery, biscuits and other baker’s wares,  
— beverages made from plant extracts,  
— pasta,  
— salt.EN L 343/24 Official Journal of the European Union 14.12.2012
IP/N/1/EU/G/3 
        - 26 -ANNEX II  
CORRELATION TABLE REFERRED TO IN ARTICLE 58(2)  
Regulation (EC) No 509/2006  This Regulation  
Article 1(1)  Article 2(1)  
Article 1(2)  Article 2(3)  
Article 1(3)  Article 2(4)  
Article 2(1), point (a)  Article 3, point (5) 
Article 2(1), point (b)  Article 3, point (3) 
Article 2(1), point (c)  —  
Article 2(1), point (d)  Article 3, point (2) 
Article 2(2), first to third subparagraph  —  
Article 2(2), fourth subparagraph  —  
Article 3  Article 22(1)  
Article 4(1), first subparagraph  Article 18(1)  
Article 4(2)  Article 18(2)  
Article 4(3), first subparagraph  —  
Article 4(3), second subparagraph  Article 18(4)  
Article 5(1)  Article 43 
Article 5(2)  Article 42(1)  
Article 6(1)  Article 19(1)  
Article 6(1), point (a)  Article 19(1), point (a) 
Article 6(1), point (b)  Article 19(1), point (b) 
Article 6(1), point (c)  Article 19(1), point (c) 
Article 6(1), point (d)  —  
Article 6(1), point (e)  Article 19(1), point (d) 
Article 6(1), point (f)  —  
Article 7(1) and (2)  Article 49(1)  
Article 7(3), points (a) and (b)  Article 20(1), points (a) and (b) 
Article 7(3), point (c)  —  
Article 7(3), point (d)  —  
Article 7(4)  Article 49(2)EN 14.12.2012 Official Journal of the European Union L 343/25
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        - 27 -Regulation (EC) No 509/2006  This Regulation  
Article 7(5)  Article 49(3)  
Article 7(6), points (a), (b) and (c)  Article 49(4)  
Article 7(6), point (d)  Article 20(2)  
Article 7(7)  Article 49(5)  
Article 7(8)  Article 49(6)  
Article 8(1)  Article 50(1)  
Article 8(2), first subparagraph  Article 50(2), point (b) 
Article 8(2), second subparagraph  Article 52(1)  
Article 9(1) and (2)  Article 51(1)  
Article 9(3)  Article 21(1) and (2) 
Article 9(4)  Article 52(2)  
Article 9(5)  Article 52(3) and (4) 
Article 9(6)  Article 51(5)  
Article 10  Article 54 
Article 11  Article 53 
Article 12  Article 23 
Article 13(1)  —  
Article 13(2)  —  
Article 13(3)  —  
Article 14(1)  Article 36(1)  
Article 14(2)  Article 46(1)  
Article 14(3)  Article 37(3), second subparagraph  
Article 15(1)  Article 37(1)  
Article 15(2)  Article 37(2)  
Article 15(3)  Article 39(2)  
Article 15(4)  Article 36(2)  
Article 16  —  
Article 17(1) and (2)  Article 24(1)  
Article 17(3)  Article 24(2)EN L 343/26 Official Journal of the European Union 14.12.2012
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        - 28 -Regulation (EC) No 509/2006  This Regulation  
Article 18  Article 57 
Article 19(1), point (a)  —  
Article 19(1), point (b)  Article 49(7), second subparagraph  
Article 19(1), point (c)  Article 49(7), first subparagraph  
Article 19(1), point (d)  Article 22(2)  
Article 19(1), point (e)  Article 19(1), point (f) 
Article 51(6)  Article 54(1)  
Article 19(1), point (g)  Article 23(4)  
Article 19(1), point (h)  —  
Article 19(1), point (i)  —  
Article 19(2)  Article 25(1)  
Article 19(3), point (a)  —  
Article 19(3), point (b)  Article 25(2)  
Article 20  Article 47 
Article 21  Article 58 
Article 22  Article 59 
Annex I  Annex I (Part II) 
Regulation (EC) No 510/2006  This Regulation  
Article 1(1)  Article 2(1) and (2) 
Article 1(2)  Article 2(3)  
Article 1(3)  Article 2(4)  
Article 2  Article 5 
Article 3(1), first subparagraph  Article 6(1)  
Article 3(1), second and third subparagraph  Article 41(1), (2) and (3) 
Article 3(2), (3) and (4)  Article 6(2), (3) and (4) 
Article 4  Article 7 
Article 5(1)  Article 3, point (2), and Article 49(1)EN 14.12.2012 Official Journal of the European Union L 343/27
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        - 29 -Regulation (EC) No 510/2006  This Regulation  
Article 5(2)  Article 49(1)  
Article 5(3)  Article 8(1)  
Article 5(4)  Article 49(2)  
Article 5(5)  Article 49(3)  
Article 5(6)  Article 9 
Article 5(7)  Article 8(2)  
Article 5(8)  —  
Article 5(9), first subparagraph  —  
Article 5(9), second subparagraph  Article 49(5)  
Article 5(10)  Article 49(6)  
Article 5(11)  —  
Article 6(1), first subparagraph  Article 50(1)  
Article 6(2), first subparagraph  Article 50(2), point (a) 
Article 6(2), second subparagraph  Article 52(1)  
Article 7(1)  Article 51(1), first subparagraph  
Article 7(2)  Article 51(1), second subparagraph  
Article 7(3)  Article 10 
Article 7(4)  Article 52(2) and (4) 
Article 7(5)  Article 51(3) and Article 52(3) and (4)  
Article 7(6)  Article 11 
Article 7(7)  Article 51(5)  
Article 8  Article 12 
Article 9  Article 53 
Article 10(1)  Article 36(1)  
Article 10(2)  Article 46(1)  
Article 10(3)  Article 37(3), second subparagraph  
Article 11(1)  Article 37(1)  
Article 11(2)  Article 37(2)EN L 343/28 Official Journal of the European Union 14.12.2012
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        - 30 -Regulation (EC) No 510/2006  This Regulation  
Article 11(3)  Article 39(2)  
Article 11(4)  Article 36(2)  
Article 12  Article 54 
Article 13(1)  Article 13(1)  
Article 13(2)  Article 13(2)  
Article 13(3)  Article 15(1)  
Article 13(4)  Article 15(2)  
Article 14  Article 14 
Article 15  Article 57 
Article 16, point (a)  Article 5(4), second subparagraph  
Article 16, point (b)  —  
Article 16, point (c)  —  
Article 16, point (d)  Article 49(7)  
Article 16, point (e)  —  
Article 16, point (f)  Article 51(6)  
Article 16, point (g)  Article 12(7)  
Article 16, point (h)  —  
Article 16, point (i)  Article 11(3)  
Article 16, point (j)  —  
Article 16, point (k)  Article 54(2)  
Article 17  Article 16 
Article 18  Article 47 
Article 19  Article 58 
Article 20  Article 59 
Annex I and Annex II  Annex I (Part I)EN 14.12.2012 Official Journal of the European Union L 343/29
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        - 31 -