WORLD TRADE  
ORGANIZATION  IP/N/1/EEC/G/4 
28 February 2007 
 (07-0867) 
Council on Trade-Related Aspects 
of Intellectual Property Rights Original:  English/ 
                French/                 Spanish 
  
   
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
EUROPEAN COMMUNITIES 
   The present document reproduces the text of Commission Regulation (EC) No 1898/2006 
of 14 December 2006 laying down detailed rul es of implementation of Council Regulation 
(EC) No 510/2006 on the protection of geographical  indications and designations of origin for 
agricultural products and foodstuffs, as notified by  the European Communities under Article 63.2 of 
the Agreement (see document IP/N/1/EEC/3).  
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  COMMISSION REGULATION (EC) No 1898/2006 
 
of 14 December 2006 
 
laying down detailed rules of im plementation of Council Regulation 
(EC) No 510/2006 on the protection of geographical indications and 
designations of origin for agricu ltural products and foodstuffs 
 
 
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European Community,  
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of 
geographical indications and designations of orig in for agricultural products and foodstuffs 
(1), and in 
particular Article 16 and Article 17(3) thereof, 
 
Whereas:  
(1) Regulation (EC) No 510/2006 has set up the general rules for the protection of geographical 
indications and designations of origin and repealed Council Regulation (EEC) No 2081/92 
(2). 
 
(2) For the sake of clarity, Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regul ation (EEC) No 2081/92 on the protection of 
geographical indications and designations of or igin for agricultural products and foodstuffs 
(3) and 
Commission Regulation (EC) No 383/2004 of 1 Marc h 2004 laying down detailed rules for applying 
Council Regulation (EEC) No 2081/92 as regards the summary of the main points of the product 
specifications (4) should be repealed and replaced by a new Regulation. 
 (3) The conditions in which one natural or legal person may apply for registration should be laid 
down. Specific attention should be paid to delimita tion of the area, taking into account the traditional 
zone of production, and characteristics of the pr oduct. Any producer established in the defined 
geographical area should be able to use the regist ered name as long as the conditions in the product 
specification are fulfilled. 
 (4) Only a name that is in use in commerce or in common language, or which has been used 
historically to refer to the specific agricultural prod uct or foodstuff, may be registered. Specific rules 
concerning linguistic versions of a name, names covering several distinct products and names that are 
wholly or partially homonymous with names of plan t varieties or animal breeds should be laid down. 
 
(5) The geographical area should be defined with regard to the link a nd in a detailed, precise way that 
presents no ambiguities for producers or competent authorities and control bodies to know if the 
operations take place inside the defined geographical area.  
 
 
 
(1) OJ L 93, 31.3.2006, p. 12. 
(2) OJ L 208, 24.7.1992, p. 1. 
(3) OJ L 185, 28.7.1993, p. 5. Regulation as last amende d by Regulation (EC) No 2168/2004 (OJ L 371, 18.12.2004, p. 12). 
(4) OJ L 64, 2.3.2004, p. 16.  IP/N/1/EEC/G/4 
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(6) A list of raw materials for designations of origin which in accordance with Article 2(3) of 
Regulation (EC) No 510/2006 may come from a geogra phical area larger than or different from the 
processing area should be provided. Pursuant to Artic le 2(5) of Regulation (EEC) No 2081/92, only 
live animals, meat and milk have been included in the list. For the sake of continuity, no changes to 
this list are proposed. 
 
(7) The product specification must include the meas ures taken to ensure proof of origin, allowing 
following the path of the product, raw materials, f eed and other items that are required to come from 
the defined geographical area.  
(8) Where packaging of an agricultural product or foodstuff or operations c oncerning its presentation, 
such as slicing or grating, are restricted to a de fined geographical area, this constitutes a restriction on 
free movement of goods and freedom to provide services.  In the light of the case-law of the Court of 
Justice, such restrictions can only be imposed if  they are necessary, proportionate and capable of 
upholding the reputation of the geographical indication or the designation of origin. Justifications for 
such restrictions must be provided. 
 
(9) To ensure coherent implementation of Re gulation (EC) No 510/2006, procedures should be 
specified and models concerning applications, obj ections, amendments and cancellations should be 
provided for. 
 (10) The measures provided for in this Regulation are in accordance with the opinion of the Standing 
Committee on Protected Geographical Indications and Protected Designations of Origin, 
 
HAS ADOPTED THIS REGULATION: 
 
Article 1 
Scope 
 
This Regulation lays down detailed rules for im plementation of Regulation (EC) No 510/2006. 
 
Article 2 
Specific rules for a group 
 
A single natural or legal person may be treated  as a group within the meaning of the second 
subparagraph of Article 5(1) of Regulation (EC) No 510/2006 where it is shown that both of the 
following conditions are fulfilled: 
 (a) the person concerned is the only producer in the defined geographical area willing to submit 
an application; 
 (b) the defined geographical area possesses character istics which differ appreciably from those of 
neighbouring areas or the characteristics of th e product are different from those produced in 
neighbouring areas; 
 
Article 3 
Specific rules for a name 
 
1. Only a name that is used, wh ether in commerce or in common language, to refer to the specific 
agricultural product or foodstuff may be registered. 
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  The name of an agricultural product or foodstuff may be registered only in the languages which are or 
were historically used to describe the said  product in the defined geographical area. 
 
2. A name shall be registered in its original script.  Where the original script is not in Latin characters, 
a transcription in Latin characters shall also be register ed together with the name in its original script. 
 
3. Names that are wholly homonymous with names of  plant varieties or animal breeds for comparable 
products may not be registered if it is shown before  the expiry of the objection procedure referred to 
in Article 7 of Regulation (EC) No 510/2006 that  the variety or breed is in such commercial 
production outside the defined area prior to the date of application that consumers would be liable to 
confuse the products bearing the register ed name and the variety or the breed. 
 
Names that are partly homonymous with names of plant varieties or animal breeds may be registered, even if the variety or breed is in significant commercial production also outside the area, provided 
consumers would not be liable to confuse the products  bearing the registered name and the variety or 
the breed.  
4. Where the application for registration of a name or approval of an amendment contains a 
description of the agricultural product or foodstuff purs uant to point (b) of Article 4(2) of Regulation 
(EC) No 510/2006 that describes several distinct products of the same type, the requirements for 
registration must be shown for each distinct product. 
 For the purposes of this paragraph, ‘distinct produ cts’ are those differentiated when placed on the 
market. 
 
Article 4 
Definition of the geographical area 
 The geographical area shall be delimited with regard to the link referred to in point (f) of Article 4(2) 
of Regulation (EC) No 510/2006.  
The geographical area must be defined in a de tailed, precise way that presents no ambiguities. 
 
Article 5 
Specific rules on raw materials and feed 
 
1. Only live animals, meat and milk may be considered as raw materials for the purposes of 
Article 2(3) of Regulation (EC) No 510/2006. 
 2. Any restriction on the origin of raw materials for a geographical indication must be justified in 
relation to the link referred to in point (ii) under point (f) of Article 4(2) of Regulation 
(EC) No 510/2006.  
3. In respect of a product of animal origin designated as a designation of origin, detailed rules on the 
origin and quality of feed shall be included in the product specification. Feed shall be sourced as far as 
practicable from within th e defined geographical area. 
 
Article 6 
Proof of origin 
 
1. The product specification shall identify pro cedures which operators must have in place for 
information on proof of origin, referred to in  point (d) of Article 4(2) of Regulation  IP/N/1/EEC/G/4 
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  (EC) No 510/2006, concerning the product, raw materi als, feed and other items that, according to the 
product specification, are required to come from the defined geographical area.  
2. Operators referred to in paragr aph 1 shall be able to identify: 
 (a)  the supplier, quantity and origin of all batc hes of raw material and/or products received; 
 
(b)  the recipient, quantity and destination of products supplied; 
 
(c)  correlation between each batch of inputs refe rred to in point (a) a nd each batch of outputs 
referred to in point (b). 
 
Article 7 
Link 
 
1. Details bearing out the links refe rred to in point (f) of Article 4(2)  of Regulation (EC) No 510/2006 
shall provide an explanation how the characteristics of the defined geographical area affect the final 
product. 
 2. With regard to a designation of origin the product specification shall set out: 
 
(a)  details of the geographical area, including na tural and human factors, relevant to the link; 
 
(b)  details of the quality or characteristics of the agricultural product or foodstuff essentially or 
exclusively due to the geographical environment; 
 
(c)  description of the causal interaction between details referred to in point (a) and details 
referred to in point (b). 
 
3. With regard to a geographical indication the product specification shall set out:  
(a)  details of the geographical area relevant to the link; 
 (b)  details of the specific quality, reputation or other characteristics of the agricultural product or 
foodstuff attributable to the geographical origin;  
 (c)  description of the causal interaction between details referred to in point (a) and details 
referred to in point (b). 
 4. With regard to a geographical indication, the pr oduct specification shall state whether it is based on 
a specific quality or reputation or other characteristics attributable to its geographical origin. 
 
Article 8 
Packaging in the defined geographical area 
 
If the applicant group determines in the product sp ecification that the packag ing of the agricultural 
product or the foodstuff referred to in point (e) of Article 4(2) of Regulation (EC) No 510/2006 must 
take place in the defined geographical area, justificati ons, specific to the product, for such restrictions 
on free movement of goods and freedom to provide services must be given. 
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  Article 9 
Specific rules on labelling 
 A Member State may provide that the name of the aut hority or body referred to in point (g) of Article 
4(2) of Regulation (EC) No 510/2006 must appear on the label of the agricultural product or foodstuff 
designated as a protected designation of origin or a protected geographical indication that is produced 
within its territory. 
 
Article 10 
Applying for registration 
 
1. An application for registration shall consist of documents required pursuant to Article 5(7) or 5(9) 
of Regulation (EC) No 510/2006, as appropriate, and an electronic copy of the product specification and single document when those documents  are required in the said paragraphs. 
 
Information on the legal status, size and composition of the applicant group shall also be submitted. 
 
2. The date of submission of an application to th e Commission is the date on which the application is 
entered in the Commission’s mail registry in Brussels. 
 
Article 11 
Single document 
 1. The single document shall be drawn up in accordan ce with the form in Annex I to this Regulation 
for each application for a designation of origin or  a geographical indication within the meaning of 
Article 5 of Regulation (EC) No  510/2006 and for each request con cerning approval of an amendment 
within the meaning of Article 9(2) of that Regulation.  
2. The type of the agricultural product or foodstu ff product shall be indicated in accordance with the 
classification in Annex II to this Regulation.  
3. Description of the product in the single documen t must include specific technical data commonly 
used in that product type to describe the product,  including where appropriate organoleptic data. 
 
Article 12 
Trans-border applications 
 Where several groups lodge a joint application fo r a name designating a trans-border geographical 
area or for a traditional name connected to a tran s-border geographical area, the following rules shall 
apply: 
 
(i)  where only Member States are concerned, the national objection procedure referred to in 
Article 5(5) of Regulation (EC) No 510/2006 shall be carried out in all Member States 
concerned; the application sha ll be submitted by any of those Member States in the name of 
the others, including the declarations from all the Member States concerned, referred to in 
point (c) of Article 5(7) of that Regulation; 
 (ii)  where only third countries are concerned, the conditions laid down in Article 5(9) of 
Regulation (EC) No 510/2006 shall be fulfilled in respect of all of them; the application is 
submitted to the Commission by any of the app licant groups concerned in the name of the 
others, directly or via its authorities, including the proof of protection in each of the third 
countries concerned referred to in Article 5(9) of that Regulation; 
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  (iii)  where at least one Member State and at least one third country are concerned, the national 
objection procedure referred to in Article 5(5) of Regulation (EC) No 510/2006 shall be carried out in 
all Member States concerned and the conditions  laid down in Article 5(9) of Regulation 
(EC) No 510/2006 shall be fulfilled in all third countri es concerned; the application shall be submitted 
to the Commission by any Member State concerned or  any of the applicant groups in third countries 
concerned, directly or via the authorities of the third country concerned, including the declarations 
from all the Member States concerned, referred to in  point (c) of Article 5(7) of that Regulation and 
the proof of protection in each of the third countries  concerned referred to in Article 5(9) of the said 
Regulation.  
 
Article 13 
Objections 
 
1. A statement of objection for the purposes of Article 7 of Regulation (EC) No 510/2006 may be 
drawn up in accordance with the form in Annex III to this Regulation. 
 2. In determining the admissibility of the objection pursuant to Article 7(3) of Regulation (EC) No 
510/2006, the Commission shall check that the stat ement includes reasons and justification for the 
objection.  
3. The period of six months referred to in Ar ticle 7(5) of Regulation (EC) No 510/2006 shall 
commence on the date of dispatch of the Commission ’s invitation to the interested parties to reach 
agreement among them. 
 
4. When the procedure referred to in the first sen tence of the second subparagraph of Article 7(5) of 
Regulation (EC) No 510/2006 has terminated, the Memb er State of application or the third-country 
applicant shall communicate the results of each c onsultation to the Commission within one month and 
may use the form in Annex IV to this Regulation.  
Article 14 
Indications and symbols 
 
1. The Community symbols referred to in Article 8 of Regulation (EC) No 510/2006 shall be reproduced as laid down in Annex V to this  Regulation. The indications ‘PROTECTED 
DESIGNATION OF ORIGIN’ and ‘PROTECTED GEOGRAPHICAL INDICATION’ within the 
symbols may be replaced by the equivalent terms in another official language of the Community as 
laid down in Annex V to this Regulation. 
 
2. Where the Community symbols or the indications referred to in Article 8 of Regulation (EC) No 
510/2006 appear on the label of a product, they shall be accompanied by the registered name. 
 
Article 15 
Register 
 
1. The Commission shall maintain at its seat in Br ussels the ‘Register of protected designations of 
origin and protected geographical indications’,  hereafter referred to as ‘the Register’. 
 2. Upon entry into force of a legal instrument registering a name, the Commission shall record the 
following data in the Register: 
 (a)  the registered name of the product in complia nce with the provisions of Article 3(2) of this 
Regulation; 
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  (b) information that the name is protected as  a geographical indication or as a designation of 
origin; 
 
(c)  the class of the product as referred to in Annex II to this Regulation; 
 (d)  indication of the country of origin;  
 
and 
 
(e)  reference to the instrument registering the name.  
3. In respect of the names automatically regist ered by virtue of Article 17(1) of Regulation 
(EC) No 510/2006, the Commission shall record in the Register, by 31 December 2007, the data 
provided for in paragraph 2 of this Article.  
Article 16 
Amendments to specification 
 
1. An application for approval of changes to the product specification shall be drawn up in accordance 
with Annex VI to this Regulation 
 
2. In the case of an application for approval of changes to specifications under Article 9(2) of 
Regulation (EC) No 510/2006: 
 
(a)  the information required under Article 5(7) of Regulation (EC) No 510/2006 shall comprise 
the duly completed application referred to in pa ragraph 1 and the declaration referred to in 
point (c) of Article 5(7) of the said Regulation; 
 
(b)  the information required under Article 5(9) of Regulation (EC) No 510/2006 shall comprise 
the duly completed application referred to in  paragraph 1 and the proposed updated product 
specification; 
 
(c)  the information to be published in accord ance with Article 6(2) of Regulation (EC) No 
510/2006 shall comprise the duly completed document drawn up in accordance with Annex 
VI to this Regulation. 
 3. In the case of amendments referred to in paragraphs 3 or 4 of Article 9 of Regulation 
(EC) No 510/2006 that the Commission has appr oved, the Commission shall make public the 
amended product specification.  
4. For an amendment to be regarded as minor, it cannot: 
 (a)  relate to the essential characteristics of the product; 
 
(b)  alter the link; 
 
(c)  include a change to the name, or to any part of the name, of the product;  
(d)  affect the defined geographical area; 
 (e)  represent an increase in restrictions on trade in the product or its raw materials. 
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  5. Where the Commission decides to accept an amendment to the specification that includes or 
comprises a change to the informatio n recorded in the Register provi ded for in Article 15 of this 
Regulation, it shall strike the original data from th e Register and record the new data in the Register 
with effect from the entry into force of the said decision. 
 6. Information submitted to the Commission pursuan t to this Article shal l be in both paper and 
electronic form. The date of submission of an amendment application to the Commission is the date 
on which the application is entered in the Commission’s mail registry in Brussels.  
Article 17 
Cancellation 
 
1. The Commission may take the view that the comp liance with the conditions of the specification for 
an agricultural product or foodstuff covered by a pr otected name is no longer possible or cannot be 
ensured in particular, if the conditions laid dow n in Article 11 of Regulation (EC) No 510/2006 are 
not fulfilled, and the situa tion is likely to continue. 
 
2. A request for a cancellation of a registration pursuant to Article 12(2) of Regulation (EC) No 
510/2006 shall be drawn up in accordance with Annex VII to this Regulation. 
 
The information required under Articles 5(7) an d 5(9) of Regulation (EC) No 510/2006 shall 
comprise the duly completed request for cancellation referred to in the first subparagraph of this 
paragraph. 
 
Article 5(6) of Regulation (EC)  No 510/2006 shall not apply. 
 
The request for cancellation shall be made pub lic pursuant to Article 6(1) of Regulation 
(EC) No 510/2006. 
 
The information to be published under Article 6(2)  of Regulation (EC) No 510/2006 shall comprise 
the duly completed document drawn up in accordan ce with Annex VII to this Regulation. 
 
Statements of objection shall be admissible pursuan t to Article 7(3) of Regulation (EC) No 510/2006 
only if they show continued commercial reliance by  an interested person on the registered name. 
 
3. When a cancellation takes effect, the Commission shall strike the name from the Register provided for in Article 15 of this Regulation. 
 
4. Information submitted to the Commission pursuan t to this Article shal l be in both paper and 
electronic form.  
Article 18 
Transitional rules 
 
1. If, pursuant to Article 17(2) of Regulation (E C) No 510/2006, the single document is replaced by 
the summary of the specification, th e said summary shall be drawn in conformity with the model in 
Annex VIII to this Regulation.  
2. In respect of names registered prior to the date  of entry into force of Regulation (EC) No 510/2006 
the Commission shall, at the request of a Member  State, publish a single document submitted by that 
Member State and drawn up in accordance with th e model in Annex I to this Regulation. The 
publication shall be accompanied by the reference of publication of the specification. 
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  3. The provisions of this Regulation shall apply with e ffect from the date of entry into force, subject to 
the following:  
(a)  The provisions of Articles 2 to 8 shall only apply in respect of procedures for registration and 
approval of amendments where the publication pursuant to Article 6(2) of Regulation 
(EC) No 510/2006 or pursuant to Article 6(2) of Regulation (EEC) No 2081/92 has not taken 
place before entry into force of this Regulation; 
 
(b)  The provisions of Articles 10, 11, 12, 16(1), 16(2), 16(3), 16(6) and 17(2) shall only apply in 
respect of applications for registration, appr oval of amendments and requests for cancellation 
received after 30 March 2006; 
 
(c)  The provisions of paragraphs 1 to 3 of Ar ticle 13 shall only apply in respect of objection 
procedures for which the 6 month period in Article 7(1) of Regulation (EC) No 510/2006 has 
not commenced at the date of entry into force of this Regulation. The provisions of Article 
13(4) shall only apply in respect of objecti on procedures for which the 6 month period in 
Article 7(1) has not expired at the date of entry into force of this Regulation; 
 
(d)  The provisions of Article 14(2) shall apply not later than 1 January 2008, without prejudice to 
products placed on the market before that date. 
 
Article 19 
Repeal 
 
Regulations (EEC) No 2037/93 and (EC) No 383/2004 are repealed. 
 
References to the repealed acts shall be c onstrued as references to this Regulation. 
 
Article 20 
Entry into force 
 This Regulation shall enter into force on the seven th day following that of its publication in the 
Official Journal of the European Union . 
 
However, point (b) of Article 18(3) sh all apply with effect from 31 March 2006. 
  
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
  
Done at Brussels, 14 December 2006. 
For the Commission 
Mariann FISCHER BOEL 
Member of the Commission 
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