WORLD TRADE  
ORGANIZATION  IP/N/1/EEC/G/3 
28 February 2007 
 
 (07-0859) 
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 Council Regulation (EC) No 510/2006 
of 20 March 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).  
_______________ IP/N/1/EEC/G/3 
Page 2  
 
  COUNCIL REGULATION (EC) No 510/2006 
 
of 20 March 2006 
 
on the protection of geographical indica tions and designations of origin for 
agricultural products and foodstuffs 
  
THE COUNCIL OF THE EUROPEAN UNION, 
 
 
Having regard to the Treaty establishing the Euro pean Community, and in particular Article 37 
thereof,   Having regard to the proposal from the Commission, 
 
Having regard to the opinion of the European Parliament 
(1), 
 Whereas:  (1) The production, manufacture and distribution of agricultural products and foodstuffs play an 
important role in the Community economy. 
 (2) The diversification of agricultural production should be encouraged so as to achieve a better 
balance between supply and demand on the markets.  The promotion of products having certain 
characteristics can be of considerable benefit to the rural economy, particularly in less favoured or 
remote areas, by improving the incomes of farmer s and by retaining the rural population in these 
areas.  (3) A constantly increasing number of consumers attach greater importance to the quality of 
foodstuffs in their diet rather than to quantity. This quest for specific products generates a demand for 
agricultural products or foodstuffs with  an identifiable geographical origin. 
 
(4) In view of the wide variety of products ma rketed and the abundance of product information 
provided, the consumer should, in order to be ab le to make the best choices, be given clear and 
succinct information regarding the product origin.  
(5) The labelling of agricultural products and foodstu ffs is subject to the ge neral 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 re lating to the labelling, presentation and advertising 
of foodstuffs 
(2). In view of their specific nature, additional special provisions should be adopted for 
agricultural products and foodstuffs from a defined geographical area requiring producers to use the 
appropriate Community symbols or indications on pack aging. The use of such symbols or indications 
should be made obligatory in the case of Community  designations, on the one hand, to make this 
category of products and the guarantees attached to them better known to consumers and, on the 
other, to permit easier identification of these produc ts on the market so as to facilitate checks. A 
reasonable length of time should be allowed for operators to adjust to this obligation. 
 
(1) Not yet published in th e Official Journal. 
(2) OJ L 109, 6.5.2000, p. 29. Directiv e as last amended by Directive 2003/ 89/EC (OJ L 308, 25.11.2003, p. 15).  IP/N/1/EEC/G/3 
 Page 3 
 
 
  (6) Provision should be made for a Community appr oach to designations of origin and geographical 
indications. A framework of Community rules on a system of protection permits the development of 
geographical indications and designations of origin  since, by providing a more uniform approach, 
such a framework ensures fair competition be tween the producers of products bearing such 
indications and enhances the credibility of the products in the consumer's eyes. 
 
(7) The rules provided for should apply without in terfering with existing Community legislation on 
wines and spirit drinks.  (8) The scope of this Regulation should be limited to certain agricultural products and foodstuffs for 
which a link exists between product or foodstuff ch aracteristics and geographical origin. However, its 
scope could be enlarged to encompass ot her agricultural products or foodstuffs. 
 (9) In the light of existing practices, two different types of geographical description should be defined, 
namely protected geographical indications  and protected designations of origin. 
 
(10) An agricultural product or foodstuff bearing such a description should meet certain conditions set 
out in a specification.  (11) To qualify for protection in the Member St ates, geographical indications and designations of 
origin should be registered at Community level. Entr y in a register should also provide information to 
those involved in the trade and to consumers. To ensure that Community-regi stered names meet the 
conditions laid down by this Regul ation, applications should be ex amined by the national authorities 
of the Member State concerned, subject to comp liance with minimum common provisions, including 
a national objection procedure. The Commission should subsequently be involved in a scrutiny 
procedure to ensure that applications satisfy the co nditions laid down by this Regulation and that the 
approach is uniform across the Member States. 
 (12) The Agreement on Trade-Related Aspe cts of Intellectual Property Rights (TRIPS 
Agreement 1994, contained in Annex 1C to the Agreement establishing the World Trade Organisation) contains detailed provisions on the availability, acquisition, scope, maintenance and 
enforcement of intellectual property rights. 
 
(13) The protection afforded by this Regulation,  subject to registration, should be open to the 
geographical indications of third countries where these are protected in their country of origin. 
 (14) The registration procedure should enable any natu ral or legal person having  a legitimate interest 
in a Member State or a third country to exercise their rights by notifying their objections. 
 (15) There should be procedures to permit amendmen t of specifications on request of groups having a 
legitimate interest, after registration, in the lig ht of technological progress and cancellation of the 
geographical indication or designation of origin for an agricultural product or foodstuff, in particular 
if that product or foodstuff ceases to conform to the specification on the basis of which the 
geographical indication or designation of origin was granted. 
 (16) The designations of origin and geographical indications protected on Community territory should 
be subject to a monitoring system of official c ontrols, based on a system of checks in line with 
Regulation (EC) No 882/2004 of the European Pa rliament and of the Council of 29 April 2004 on 
official controls performed to ensure the verifica tion of compliance with feed and food law, animal 
health and animal welfare rules 
(3), including a system of checks to ensure compliance with the 
specification of the agricultural products and foodstuffs concerned. 
 
(3) OJ L 165, 30.4.2004, p. 1.  Corrected version in OJ L 191, 28.5.2004, p. 1. IP/N/1/EEC/G/3 
Page 4  
 
   
(17) Member States should be authorised to charge a fee to cover the costs incurred.  (18) The measures necessary for the implementati on of this Regulation should be adopted in 
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the 
exercise of implementing powers conferred on the Commission 
(4). 
 (19) The names already registered under Council Regulation (EEC) No 2081/92 of 14 July 1992 on 
the protection of geographical indications and desi gnations of origin for agricultural products and 
foodstuffs (5) on the date of entry into force of th is Regulation should continue to be protected under 
this Regulation and automatically  included in the register. Provision should also be made for 
transitional measures applicable to registration a pplications received by the Commission before the 
entry into force of this Regulation.  (20) In the interests of clarity and transparency, Regulation (EEC) No 2081/92 should be repealed and 
replaced by this Regulation, 
 HAS ADOPTED THIS REGULATION: 
 
Article 1 
Scope 
 1. This Regulation lays down the rules on the prot ection of designations of origin and geographical 
indications for agricultural products intended for hum an consumption listed in Annex I to the Treaty 
and for foodstuffs listed in Annex I to this Regula tion and for agricultural products listed in Annex II 
to this Regulation. 
 
It shall not, however, apply to wine-sector products, except wine vinegars, or to spirit drinks. This 
paragraph shall be without prejudice to the app lication of Council Regulation (EC) No 1493/1999 
of 17 May 1999 on the common organisation of the market in wine 
(6). 
 Annexes I and II to this Regulation may be amende d in accordance with the procedure referred to in 
Article 15(2). 
 2. This Regulation shall apply without prej udice to other specific Community provisions. 
 3. Directive 98/34/EC of the European Parliame nt and of the Council of 22 June 1998 laying down a 
procedure for the provision of information in the fi eld of technical standards and regulations and of 
rules on Information Society Services 
(7) shall not apply to the designa tions of origin and geographical 
indications covered by this Regulation. 
 
  
 
   
 
(4) OJ L 184, 17.7.1999, p. 23. 
(5) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). 
(6) OJ L 179, 14.7.1999, p. 1. 
(7) OJ L 204, 21.7.1998, p. 37.  IP/N/1/EEC/G/3 
 Page 5 
 
 
  Article 2 
 
Designation of origin and geographical indication 
 
1. For the purpose of this Regulation:  
(a)  ‘designation of origin’ means the name of a region, a specific place or, in exceptional cases, a 
country, used to describe an agricultural product or a foodstuff: 
  —  originating in that region, specific place or country, 
 
 —  the quality or characteristics of which are essentially or exclusively due to a particular 
geographical environment with its inhe rent natural and human factors, and 
  —  the production, processing and prepara tion of which take place in the defined 
geographical area; 
 (b)  ‘geographical indication’ means the name of a region, a specific place or, in exceptional 
cases, a country, used to describe an agricultural product or a foodstuff: 
  —  originating in that region, specific place or country, and 
 
 —  which possesses a specific quality, reputation or other characteristics attributable to 
that geographical origin, and 
  —  the production and/or processing and/or preparation of which take place in the 
defined geographical area. 
 2. Traditional geographical or non-geographical names designating an agricultural product or a 
foodstuff which fulfil the conditions referred to in  paragraph 1 shall also be considered as 
designations of origin or geographical indications.   
3. Notwithstanding paragraph 1(a), certain geographical designations sh all be treated as designations 
of origin where the raw material s for the products concerned come from a geographical area larger 
than, or different from, the processing area, provided that:  (a)  the production area of the raw materials is defined; 
 
(b)  special conditions for the production of the raw materials exist; and  (c) there are inspection arrangements to ensure that the conditions referred to in point (b) are 
adhered to. 
 
The designations in question must have been recognised as designations of origin in the country of 
origin before 1 May 2004. 
 
Article 3 
Generic nature, conflicts with names of plant varieties, 
animal breeds, homonyms and trademarks 
 
1. Names that have become generic may not be registered.  IP/N/1/EEC/G/3 
Page 6  
 
  For the purposes of this Regulation, a ‘name that  has become generic’ means the name of an 
agricultural product or a foodstuff which, a lthough it relates to the place or the region 
where this product or foodstuff was originally prod uced or marketed, has become the common name 
of an agricultural product or a foodstuff in the Community.  
To establish whether or not a name has become gene ric, account shall be taken of all factors, in 
particular:  (a)  the existing situation in the Member  States and in areas of consumption; 
 
(b)  the relevant national or Community laws. 
 2. A name may not be registered as a designation of origin or a geographical indication where it conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the 
consumer as to the true origin of the product. 
 
3. A name wholly or partially homonymous with that of a name already registered under this 
Regulation shall be registered with due regard fo r local and traditional usage and the actual risk of 
confusion. In particular:  (a)  a homonymous name which misleads the cons umer 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 agri cultural products or foodstuffs in question is 
concerned; 
 (b)  the use of a registered homonymous name shall be subject to there being a sufficient 
distinction in practice between the homonym regi stered subsequently and the name already on 
the register, having regard to the need to treat  the producers concerned in an equitable manner 
and not to mislead the consumer. 
 4. A designation of origin or geographical indication shall not be registered where, in the light of a 
trademark's reputation and renown a nd the length of time it has been used, registration is liable to 
mislead the consumer as to the true identity of the product. 
 
Article 4 
Product specification 
 1. To be eligible for a protected designation of origin (PDO) or a protected geographical indication 
(PGI), an agricultural product or foodstuff shall comply with a product specification. 
 2. The product specification shall include at least:  (a)  the name of the agricultural product or foods tuff comprising the designation of origin or the 
geographical indication; 
 (b)  a description of the agricultural product or  foodstuff, including the raw materials, if 
appropriate, and principal physical, chemical, microbiological or organoleptic characteristics 
of the product or the foodstuff; 
 
(c)  the definition of the geographical area and,  where appropriate, details indicating compliance 
with the requirements of Article 2(3); 
  IP/N/1/EEC/G/3 
 Page 7 
 
 
  (d)  evidence that the agricultural product or the foodstuff originates in the defined geographical 
area referred to in Article 2(1)(a) or (b), as the case may be; 
 (e)  a description of the method of obtaining the agricultural product or foodstuff and, if 
appropriate, the authentic and unvarying local  methods as well as information concerning 
packaging, if the applicant group within the me aning of Article 5(1) so determines and gives 
reasons why the packaging must take place in the defined geographical area to safeguard quality or ensure the origin or ensure control; 
 (f)  details bearing out the following: 
 
 (i)  the link between the quality or character istics of the agricultural product or foodstuff 
and the geographical environment referred to  in Article 2(1)(a) or, as the case may be, 
  (ii)  the link between a specific quality, the reputation or other characteristic of the 
agricultural product or foodstuff and the geographical origin referred to in 
Article 2(1)(b); 
 (g)  the name and address of the authorities or bodies verifying compliance with the provisions of 
the specification and their specific tasks; 
 
(h)  any specific labelling rule for the agri cultural product or foodstuff in question; 
 (i)  any requirements laid down by Community or national provisions. 
 
Article 5 
Application for registration 
 
1. Only a group shall be entitled to apply for registration.  For the purposes of this Regulation, ‘group’ means an y association, irrespective of its legal form or 
composition, of producers or processors working with the same agricultural product or foodstuff. 
Other interested parties may participate in the gr oup. A natural or legal pe rson may be treated as a 
group in accordance with the detailed rul es referred to in Article 16(c). 
 In the case of a name de signating a trans-border geographical area  or a traditional name connected to 
a trans-border geographical area, several groups may lodge a joint application in accordance with the 
detailed rules referred to in Article 16(d). 
 2. A group may lodge a registration application only for the agricultural products or foodstuffs which 
it produces or obtains.  3. The application for registration shall include at least: 
 
(a)  the name and address of the applicant group;  (b)  the specification provided for in Article 4;  
(c)  a single document setting out the following: 
  (i)  the main points of the specification: the name, a description of the product, including, 
where appropriate, specific rules concerning packaging and labelling, and a concise 
definition of the geographical area, IP/N/1/EEC/G/3 
Page 8  
 
   
 (ii)  a description of the link between th e product and the geographical environment or 
geographical origin referred to in Article 2( 1)(a) or (b), as the case may be, including, 
where appropriate, the specific elements of the product description or production 
method justifying the link. 
 
4. Where the registration application relates to a geographical area in a given Member State, the application shall be addressed to that Member State.  The Member State shall scrutinise the application by appropriate means to check that it is justified and 
meets the conditions of this Regulation. 
 5. As part of the scrutiny referred to in the sec ond subparagraph of paragra ph 4, the Member State 
shall initiate a national objection procedure ensu ring adequate publication of the application and 
providing for a reasonable period within which any natu ral or legal person having  a legitimate interest 
and established or resident on its territory may lodge an objection to the application. 
 The Member State shall consider the admissibility of  objections received in the light of the criteria 
referred to in the first subparagraph of Article 7(3).  If the Member State considers that the requirements of this Regulation are met, it shall take a 
favourable decision and forward to the Commission the documents referred to in paragraph 7 for a 
final decision. If not, the Member State shall decide to reject the application.  The Member State shall ensure that its favourable d ecision is made public and th at any natural or legal 
person having a legitimate interest has means of appeal. 
 
The Member State shall ensure that the version of  the specification on which its favourable decision is 
based is published, and assure electronic access to the specification.  6. The Member State may, on a transitional basis only, grant protection under this Regulation at national level to the name, and, where appropriate, an  adjustment period, with effect from the date on 
which the application is lodged with the Commission. 
 The adjustment period provided for in the first subparagraph may be granted only on condition that 
the undertakings concerned have legally marketed the products in question, using the names concerned continuously for at least the past five  years and have made that point in the national 
objection procedure referred to in th e first subparagraph of paragraph 5. 
 Such transitional national protection shall cease on the date on which a decision on registration under 
this Regulation is taken.  The consequences of such transitional national protec tion, where a name is not registered under this 
Regulation, shall be the sole responsibility of the Member State concerned. 
 The measures taken by Member States under the firs t subparagraph shall produ ce effects at national 
level only, and they shall have no effect on intra-Community or international trade.  
7. In respect of any favourable decision as referred  to in the third subparagr aph of paragraph 5, the 
Member State concerned shall forward to the Commission:  (a)  the name and address of the applicant group;   IP/N/1/EEC/G/3 
 Page 9 
 
 
  (b)  the single document referred to in paragraph 3(c); 
 (c)  a declaration by the Member State that it considers that the application lodged by the group 
and qualifying for the favourable decision meet s the conditions of this Regulation and the 
provisions adopted for its implementation; 
 
(d) the publication reference of the specificati on referred to in the fifth subparagraph of 
paragraph 5. 
 8. Member States shall introduce the laws, regulations or administrative provisions necessary to 
comply with paragraphs 4 to 7 not later than 31 March 2007. 
 9. Where the registration application concerns a geog raphical area situated in a third country, it shall 
comprise the elements provided for in paragraph 3 and also proof that the name in question is 
protected in its country of origin.  
 
The application shall be sent to the Commission, eith er directly or via the authorities of the third 
country concerned.  10. The documents referred to in th is Article sent to the Commission shall be in one of the official 
languages of the institutions of the European Uni on or accompanied by a certified translation in one 
of those languages. 
 
Article 6 
Scrutiny by the Commission 
 1. The Commission shall scrutinise by appropriate  means the application received pursuant to 
Article 5 to check that it is justified and meets the conditions laid down in this Regulation. This 
scrutiny should not exceed a period of 12 months.  The Commission shall, each month, make public the list of names for which registration applications 
have been submitted to it, as well as thei r date of submission to the Commission. 
 
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 met, it shall publish in the 
Official Journal of the European Union the single document and the reference to the publication of 
the specification referred to in the fifth subparagraph of Article 5(5). 
 
Where this is not the case, the Commission shall decide, to reject the application, following the 
procedure referred to in Article 15(2). 
 
Article 7 
Objection/decision on registration 
 
1. Within six months from the date of publication in the Official Journal of the European Union 
provided for in the first subparagraph of Article 6( 2), any Member State or third country may object 
to the registration proposed, by lodging a duly substantiated statement with the Commission.  
2. Any natural or legal person havi ng a legitimate interest, established or resident in a Member State 
other than that applying for the registration or in a third country, may also object to the proposed 
registration by lodging a duly substantiated statement.  IP/N/1/EEC/G/3 
Page 10  
 
  In the case of natural or legal pers ons established or resident in a Member State, such statement shall 
be lodged with that Member State within a tim e-limit permitting an objection in accordance with 
paragraph 1.  In the case of natural or legal pers ons established or resident in a third country, such statement shall 
be lodged with the Commission, either directly or via the authorities of the third country concerned, 
within the time limit-set in paragraph 1.  3. Statements of objection shall be admissible only if they are received by the Commission within the 
time-limit set in para graph 1 and if they: 
 
(a)  show non-compliance with the conditions referred to in Article 2; or  (b)  show that the registration of the name proposed  would be contrary to pa ragraphs 2, 3 and 4 of 
Article 3; or 
 
(c)  show that the registration of the name propo sed would jeopardise the existence of an entirely 
or partly identical name or of a trademark 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 Article 6(2); or 
 
(d)  give details from which it can be concluded th at the name for which registration is requested 
is generic within the meaning of Article 3(1). 
 The Commission shall check the admissibility of objections.  
The criteria referred to in points (b), (c) and (d) of the first subparagraph shall be evaluated in relation 
to the territory of the Community, which in the case of intellectual property rights refers only to the 
territory or territories where the said rights are protected.  4. If the Commission receives no admissible objection under paragraph 3, it shall register the name. 
 
The registration shall be published in the Official Journal of the European Union . 
 5. If an objection is admissible under paragraph 3, the Commission shall invite  the interested parties 
to engage in appropriate consultations.  
If the interested parties reach an agreement within six months, they shall notify the Commission of all 
the factors which enabled that agreement to be r eached, including the applicant's and the objector's 
opinions. If the details published in accordance with Ar ticle 6(2) have not been  amended or have been 
amended in only a minor way, to be defined in accordance with Article 16(h), the Commission shall 
proceed in accordance with paragraph 4 of this Ar ticle. The Commission shall otherwise repeat the 
scrutiny referred to in Article 6(1). 
 
If no agreement is reached, the Commission shall ta ke a decision in accordance with the procedure 
referred to in Article 15(2), having regard to fa ir and traditional usage a nd the actual likelihood of 
confusion.  
The decision shall be published in the Official Journal of the European Union . 
 6. The Commission shall maintain updated a register of  protected designations of origin and protected 
geographical indications.   IP/N/1/EEC/G/3 
 Page 11 
 
 
  7. The documents referred to in this Article sent to  the Commission shall be drafted in an official 
language of the institutions of the European Union or accompanied by a certified translation into one 
of those languages.  
Article 8 
Names, indications and symbols 
 
1. A name registered under this Regulation may be used by any operator marketing agricultural 
product or foodstuffs conforming to the corresponding specification.  
2. In the case of the agricultural products and fo odstuffs originating in the Community marketed 
under a name registered in accordance with this Regul ation, the indications ‘protected designation of 
origin’ and ‘protected geographical indication’ or the Community symbols associated with them shall 
appear on the labelling.  
3. In the case of agricultural products and foodstuffs originating in third countries marketed under a 
name registered in accordance with this Regulation the indications referred to  in paragraph 2 and the 
Community symbols associated with them may equally appear on the labelling. 
 
Article 9 
Approval of changes to specifications 
 
1. A group satisfying the conditions of Article 5(1) and (2) and having a legitimate interest may apply 
for approval of an amendment to a specification, in particular to take acc ount of developments in 
scientific and technical knowledge or to redefine th e geographical area referred to in Article 4(2)(c). 
 
Applications shall describe and give reasons for the amendments requested. 
 2. Where the amendment involves one or more am endments to the single document, the amendment 
application shall be covered by the procedure laid  down in Articles 5, 6 and 7. However, if the 
proposed amendments are only minor, the Commi ssion shall decide whether to approve the 
application without following the procedure laid down in Article 6(2) and Article 7 and in the case of 
approval shall proceed to publication of th e elements referred to in Article 6(2). 
 3. Where the amendment does not involve any change to the singl e document, the following rules 
shall apply:  
 (i)  where the geographical area is in a given Member State, that Member State shall 
express its position on the approval of the am endment and, if it is in favour, shall 
publish the amended specification and info rm the Commission of the amendments 
approved and the reasons for them; 
  (ii)  where the geographical area is in a third country, the Commission shall determine 
whether to approve the proposed amendment. 
 4. Where the amendment concerns a temporary change in the specification resulting from the 
imposition of obligatory sanitary or phytosanitary measures by the public authorities, the procedures 
set out in paragraph 3 shall apply.  IP/N/1/EEC/G/3 
Page 12  
 
  Article 10 
Official controls 
 
1. Member States shall designate the competent aut hority or authorities responsible for controls in 
respect of the obligations established by this  Regulation in conformity with Regulation 
(EC) No 882/2004. 
 2. Member States shall ensure that any operator complying with this Regulation is entitled to be 
covered by a system of official controls.  
3. The Commission shall make public the name and address of the authorities and bodies referred to 
in paragraph 1 or in Article  11 and update it periodically. 
 
Article 11 
Verification of compliance with specifications 
 
1. In respect of geographical indications and design ations of origin relating to a geographical area 
within the Community, verification of compliance with the specifications, before placing the product 
on the market, shall be ensured by:  —  one or more competent authorities referred to in Article 10 and/or 
 
—  one or more control bodies within the mean ing of Article 2 of Regulation (EC) No 882/2004 
operating as a product certification body. 
 The costs of such verification of compliance with the specifications shall be borne by the operators 
subject to those controls. 
 2. In respect of the geographical indications and d esignations of origin relating to a geographical area 
in a third country, verification of compliance with  the specifications, before placing the product on the 
market, shall be ensured by:  
—  one or more public authorities designated by the third country and/or 
 —  one or more product certification bodies.  3. The product certification bodies referred to in pa ragraphs 1 and 2 shall comply with and, from 1 
May 2010 be accredited in accordance with Euro pean standard EN 45011 or ISO/IEC Guide 65 
(General requirements for bodies opera ting product certification systems). 
 4. Where, the authorities referred to in paragraphs 1 and 2, have chosen to verify compliance with the 
specifications, they shall offer adequate guarantees of  objectivity and impartiality, and have at their 
disposal the qualified staff and resources  necessary to carry out their functions. 
 
Article 12 
Cancellation 
 
1. Where the Commission, in accord ance with the detailed rules referred to in Article 16(k), takes the 
view that compliance with the conditions of the specification for an agricultural product or foodstuff 
covered by a protected name is no longer ensured, it shall initiate the procedure referred to in Article 
15(2) for the cancellation of the registra tion, which shall be published in the Official Journal of the 
European Union . 
  IP/N/1/EEC/G/3 
 Page 13 
 
 
  2. Any natural or legal pers on having a legitimate interest, may request cancellation of the 
registration, giving reasons for the request.  The procedure provided for in Articles 5, 6 and 7 shall apply mutatis mutandis . 
 
Article 13 
Protection 
 
1. Registered names shall be protected against:  
(a)  any direct or indirect commercial use of a re gistered name in respect of products not covered 
by the registration in so far as those products are comparable to the products registered under that name or in so far as using the name exploits the reputation of the protected name; 
 (b)  any misuse, imitation or evocation, even if the true origin of the product is indicated or if the 
protected name is translated or accompanied by an expression such as ‘style’, ‘type’, 
‘method’, ‘as produced in’, ‘imitation’ or similar; 
 (c)  any other false or misleading indication as to  the provenance, origin , nature or essential 
qualities of the product, on the inner or outer p ackaging, advertising material or documents 
relating to the product concerned, and the pack ing 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 registered name contains within it the name of an agricultural product or foodstuff which is 
considered generic, the use of that generic name  on the appropriate agricultural product or foodstuff 
shall not be considered to be contrary to points (a) or (b) in the first subparagraph. 
 2. Protected names may not become generic.  3. In the case of names for which registration is applied for under Article 5, provision may be made 
for a transitional period of up to five years under Ar ticle 7(5), solely where a statement of objection 
has been declared admissible on the grounds that re gistration of the proposed name would jeopardise 
the existence of an entirely or partly identical na me or the existence of products which have been 
legally on the market for at least five years preced ing the date of the publ ication provided for in 
Article 6(2). 
 
A transitional period may also be set for undertak ings established in the Member State or third 
country in which the geographical area is located , provided that the undertakings concerned have 
legally marketed the products in question, using th e names concerned continuously for at least five 
years preceding the date of the publication referred to in Article 6(2) and have noted that point in the 
national objection procedure referred to in the firs t and second subparagraphs of Article 5(5) or the 
Community objection procedure referred to in Arti cle 7(2). The combined total of the transitional 
period referred to in this subparagr aph and the adjustment period refe rred to in Article 5(6) may not 
exceed five years. Where the adjustment period refe rred to in Article 5(6) exceeds five years, no 
transitional period shall be granted.  
4. Without prejudice to Article 14, the Commi ssion may decide to allow, under the procedure 
provided for in Article 15(2), the coexistence of  a registered name and an unregistered name 
designating a place in a Member State or in a thir d country where that name is identical to the 
registered name, provided that all the following conditions are met:  IP/N/1/EEC/G/3 
Page 14  
 
  (a)  the identical unregistered name has been in legal use consistently and equitably for at least 
25 years before 24 July1993; 
 (b)  it is shown that the purpose of its use has not  at any time been to profit from the reputation of 
the registered name and that the consumer has not been nor could be misled as to the true 
origin of the product; 
 (c)  the problem resulting from the identical nam es was raised before registration of the name. 
 The registered name and the identical unregistere d name concerned may co-exist for a period not 
exceeding a maximum of 15 years, after which th e unregistered name shall cease to be used. 
 Use of the unregistered geographical name concerne d shall be authorised only where the country of 
origin is clearly and visibly indicated on the label.  
Article 14 
Relations between trademarks, designations of origin and 
geographical indications 
 
1. Where a designation of origin or a geographical indication is registered under this Regulation, the application for registration of a trademark correspondi ng to one of the situations referred to in 
Article 13 and relating to the same class of product shall be refused if the application for registration 
of the trademark is submitted after the date of submission of the registration application to the 
Commission.  Trademarks registered in breach of the first subparagraph shall be invalidated. 
 
2. With due regard to Community law, a tradem ark the use of which corresponds to one of the 
situations referred to in Article 13 which has been applied for, register ed, or established by use, if that 
possibility is provided for by the legislation concer ned, in good faith within the territory of the 
Community, before either the date of protection of the designation of origin or geographical indication 
in the country of origin or before 1 January 1996, may continue to be used notwithstanding the 
registration of a designation of origin or geogra phical indication, provided that no grounds for its 
invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of  the Member States relating to trade marks 
(8) or 
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (9). 
 
Article 15 
Committee procedure 
 
1. The Commission shall be assisted by the Standing Committee on Protected Geographical Indications and Protected Designations of Origin.  
2. Where reference is made to this paragraph, Ar ticles 5 and 7 of Decision 1999/468/EC shall apply. 
 The period laid down in Article 5(6) of Deci sion 1999/468/EC shall be set at three months. 
 3. The Committee shall adopt its own Rules of Procedure.   
 
(8) OJ L 40, 11.2.1989, p. 1. 
(9) OJ L 11, 14.1.1994, p. 1.  IP/N/1/EEC/G/3 
 Page 15 
 
 
  Article 16 
Implementing rules 
 
In accordance with the procedure refe rred to in Article 15(2), detailed rules shall be adopted for the 
implementation of this Regulation. They shall cover in particular: 
 
(a)  a list of the raw materials referred to in Article 2(3);  (b)  the information that must be included in th e product specification referred to in Article 4(2); 
 
(c)  the conditions under which a natural or  legal person may be treated as a group; 
 (d)  the submission of a registration appli cation for a name designating a trans-border 
geographical area as referred to in th e third subparagraph of Article 5(1); 
 
(e)  the content and method of transmission to the Commission of the documents referred to in 
Articles 5(7) and (9); 
 (f)  objections referred to in Article 7, includi ng rules on appropriate c onsultations between the 
interested parties;  
 
(g)  the indications and symbols referred to in Article 8; 
 (h)  a definition of minor amendments as referre d to in the second subparagraph of Article 7(5) 
and in Article 9(2), bearing in mind that a minor amendment cannot relate to the essential 
characteristics of the product or alter the link; 
 
(i)  the register of designations of origin and ge ographical indications provided for in Article 7(6); 
 (j)  the conditions for checking complia nce with the product specifications; 
 (k)  the conditions for cancellation of registration.  
Article 17 
Transitional provisions 
 
1. The names that, on the date of entry into force of this Regulation, are listed in the Annex of 
Commission Regulation (EC) No 1107/96 
(10) and those listed in the Annex of Commission on 
Regulation (EC) No 2400/96 (11) shall be automatically entered in the register referred to in 
Article 7(6) of this Regulation. The correspondi ng specifications shall be deemed to be the 
specifications referred to in Article 4(1). Any sp ecific transitional provisions associated with such 
registrations shall continue to apply.  
 
 
(10) Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and 
designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 
21.6.1996, p. 1). Regulation as last amended by Re gulation (EC) No 704/2005 (OJ L 118, 5.5.2005, p. 14). 
(11) Commission Regulation (EC) No 2400/ 96 of 17 December 1996 on the entry of certain names in the ‘Register of 
protected designation of origin and protected geographi cal indications’ provided for in Council Regulation (EEC) 
No 2081/92 on the protection of geographical  indications and designations of origin  for agricultural products and foodstuffs 
(OJ L 327, 18.12.1996, p. 11). Regulation as last amended by Regulation (EC) No 417/2006 (OJ L 72, 11.3.2006, p. 8). 
 
 IP/N/1/EEC/G/3 
Page 16  
 
   
2. In respect of pending applications, statements and requests received by the Commission before the 
date of entry into force of this Regulation: 
 
(a)  the procedures in Article 5 shall not a pply, without prejudice to Article 13(3); and 
 (b)  the summary of the specification drawn up in conformity with Commission Regulation 
(EC) No 383/2004 
(12) shall replace the single document referred to in Article 5(3)(c). 
 
3. The Commission may adopt, if necessary, other transitional provisions in accordance with the 
procedure referred to in Article 15(2). 
 
Article 18 
Fees 
 
Member States may charge a fee to cover their costs, including those in curred in scrutinising 
applications for registration, statements of objec tion, applications for amendments and requests for 
cancellations under this Regulation. 
 
Article 19 
Repeal 
 
Regulation (EEC) No 2081/92 is hereby repealed.   References made to the repealed Regulation shall be  construed as being made to this Regulation and 
should be read in accordance with the correlation table in Annex III. 
 
Article 20 
Entry into force 
 This Regulation shall enter into forc e on the day of its publication in the Official Journal of the 
European Union . 
 However, Article 8(2) shall apply with effect fro m 1 May 2009, without prejudice to products already 
placed on the market before that date. 
 
  
This Regulation shall be binding in its entir ety and directly applicable in all Member 
States. 
 
 
          Done at Brussels, 20 March 2006. 
       F o r  t h e  C o u n c i l  
       The President 
       J .  P R Ö L L  
_____ 
  
 
(12) Commission Regulation (EC) No 383/2004 of 1 March 2004 laying down detailed ru les for applying Council Regulation 
(EEC) No 2081/92 as regards the summary of the main point s of the product specifications  (OJ L 64, 2.3.2004, p. 16).   IP/N/1/EEC/G/3 
 Page 17 
 
 
   
  
ANNEX I 
 
Foodstuffs referred to in Article 1(1) 
 
 — beers,  — beverages made from plant extracts, 
 
— bread, pastry, cakes, confectionery and other baker's wares,  — natural gums and resins,  
— mustard paste, 
 — pasta.  
_____ IP/N/1/EEC/G/3 
Page 18  
 
  ANNEX II 
 
Agricultural products referred to in Article 1(1) 
 
 
—  hay, 
 —  essential oils,  —  cork, 
 
—  cochineal (raw product of animal origin),  —  flowers and ornamental plants,  
—  wool, 
 — wicker, 
 — scutched flax. 
 
_____  IP/N/1/EEC/G/3 
 Page 19 
 
 
  ANNEX III 
 
CORRELATION TABLE 
 
 
 
 
Regulation (EEC) No 2081/92 
  
This Regulation 
 
Article 1  Article 1 
Article 2(1)  — 
Article 2(2)  Article 2(1) 
Article 2(3)  Article 2(2) 
Article 2(4)  Article 2(3), first subparagraph 
Article 2(5)  — 
Article 2(6)  Article 2(3), second subparagraph 
Article 2(7)  — 
First, second and third subparagraphs of Article 3(1) First, second and third subparagraphs of Article 3(1) 
Article 3(1), fourth subparagraph  — 
Article 3(2)  Article 3(2) 
Article 3(3)  — 
Article 4  Article 4 
Article 5(1), (2) and (3)  Article 5(1), (2) and (3) 
Article 5(4)  Article 5(4), first subparagraph 
Article 5(5), first subparagraph  Article 5(4), second subparagraph 
—  Article 5(5) 
Article 5(5), second subparagraph  Article 5(6), first subparagraph 
—  Article 5(6), second subparagraph 
Article 5(5), third subparagraph  Article 5(6), third subparagraph 
Article 5(5), fourth and fifth subparagraphs  Article 5(6), fourth and fifth subparagraphs 
Article 5(5) sixth, seventh and eighth subparagraphs  — 
—  Article 5(7) 
Article 5(6)  Article 5(8) 
—  Article 5(9) and (10) 
Article 6(1), first subparagraph  Article 6(1), first subparagraph 
Article 6(1), second subparagraph  — 
Article 6(1), third subparagraph  Article 6(1), second subparagraph 
Article 6(2)  Article 6(2), first subparagraph 
Article 6(3) and (4)  Article 7(4) 
Article 6(5), first subparagraph  Article 6(2), second subparagraph 
Article 6(5), second subparagraph  — 
Article 6(6), first subparagraph  — 
Article 6(6), second subpara graph  Article 3(3) 
Article 7(1)  Article 7(1) 
Article 7(2)  — 
Article 7(3)  Article 7(2), first subparagraph 
—  Article 7(2), second and third subparagraph 
Article 7(4)  Article 7(3) 
Article 7(5)  Article 7(5) 
—  Article 7(6) and (7) 
—  Article 8(1) IP/N/1/EEC/G/3 
Page 20  
 
   
 
Regulation (EEC) No 2081/92 
  
This Regulation 
 
Article 8  Article 8(2) 
—  Article 8(3) 
Article 9, first subparagraph  Article 9(1) 
Article 9, second and third s ubparagraphs  Article 9(2) 
—  Article 9(3) and (4) 
—  Article 10(1) 
Article 10(1)  — 
Article 10(2)  Article 11(1) 
—  Article 11(2) 
Article 10(3)  Article 11(3) and (4) 
Article 10(4)  — 
Article 10(5)  Article 10(3) 
Article 10(6)  Article 10(2) 
Article 10(7)  Article 11(1), second subparagraph 
Article 11(1) to (3)  — 
Article 11(4)  Article 12(1) 
Article 11a(a)  Article 12(2) 
Article 11a(b)  — 
Articles 12 to 12d  — 
Article 13(1)  Article 13(1) 
Article 13(3)  Article 13(2) 
Article 13(4)  Article 13(3), first subparagraph 
—  Article 13(3), second subparagraph 
Article 13(5)  Article 13(4) 
Article 14(1) and (2)  Article 14(1) and (2) 
Article 14(3)  Article 3(4) 
Article 15  Article 15 
Article 16  Article 16 
—  Articles 17 to 19 
Article 18  Article 20 
Annex I  Annex I 
Annex II  Annex II 
 
__________