WT/DS290/R/Add.3 
 Page C-49 
 
 
EXHIBIT NZ-1  
 
APPLICATION PROCESS FOR THE REGISTRATION 
OF A GEOGRAPHICAL INDICATION  UNDER EC REGULATION 2081/921 
  W T O  M e m b e r        E C  m e m b e r  S t a t e  
                                                     
 
1 Note this flow-chart excludes procedures relating to homonymous names and the procedures 
applicable to third countries that are not WTO Members. Articles 5(1) & 5(2)   
Is the party an association of producers and/or 
processors working with the same agricultural product 
or foodstuff?  Is the person eligible to 
submit an application?  
Yes 
  No  
Yes Yes 
No 
Article 12(a)(2)(a)  
Is the product protected or 
established as a geographical 
indication in the WTO Member.Cannot 
apply.Cannot a
pply.   
Cannot 
apply. No  
No  Yes 
Yes 
Does the WTO member guarantee the information required for the 
product specification?Cannot a
pply. 
Cannot 
apply. No  
Yes 
No Article 12(1)  
Has the WTO Member, in which the 
party resides, had their geographical 
indications systems approved by the 
Commission under the equivalence requirements of Article 12
(3)?  
Yes Does the WTO member have 
inspection arrangements and a 
right to objection equivalent to the 
EU?
Cannot 
apply. Cannot 
apply. 
Yes Article 12(a)(1)  
Is the party an association of producers and/or processors working with the same agricultural 
product or foodstuff?
Does the WTO member provide 
equivalent protection to that available in the European Community to corresponding agricultural products 
from the European Community?  
No WT/DS290/R/Add.3 
Page C-50  
 
 
 Article 12(a)(1) 
The party submits the application to their WTO member government, with the product specification under Article 4. Article 5(3) The Party submits the application to their EC Member State with the product specification under Article 4. 
Article 12(a)(2) The WTO member Government 
submits the application to the  
European Commission including the following information:  
 
-  a copy of the registration application. 
 
-  description of the legal provisions and usage on basis the 
DOI or GI is protected or 
established in the country.  
-  a declaration the structures 
provided for in Article 10 that are established in their territory: ie the 
inspection procedures. 
  -   other documents on which it 
based its assessment.  Article 5(5) 
The Member State submits 
the application to the 
European Commission including the following 
information:  
 - a copy of the application, 
including the product 
specification;  
-  other documents on which 
it based its decision.      Yes Yes Does it meet the requirements of Regulation 
2081/92?
Does it meet the definition of a 
geographical indication Article  2?Article 5(5) [EC] or Article 12(a)(2) [WTO member] 
The relevant authority assesses whether the application is justified. 
  WT/DS290/R/Add.3 
 Page C-51 
 
 
Article 6(1) [EC] or Article 12(b)(1)(a) [WTO 
Member ] 
The Commission informs the Member State or WTO member of its findings. 
Application meets necessary 
requirements  
No objections to application 
received within 6 months Article 12(b)(1) 
The Commission examines whether the application meets all the 
necessary elements.  The 
Commission may decide to consult the Member State committee.  Article 6(1) The Commission examines whether the application meets requirements 
of Article 4.   The Commission may 
decide to consult the Member State committee.  
Application does not 
meet requirements  
Article 6(2) [EC] or Article 12(b)(1)(a) [WTO Member] 
The Commission notifies the app lication in the Official 
Journal of the European Communities.  
Article 6(3) [EC] or Article 12(b)(4) [WTO Member] 
The Commission enters the geographical indication in its ‘Register of 
protected designations of origin and protected geographical 
indications’. 
Article 6(4) [EC] or Article 12(b)(4) [WTO Member] 
The Commission publishes the geographical indication in the Official Journal of the European 
Communities. Article 12(b)(1)(b) [WTO Member] The Commission 
consults with the 
WTO member and the Member State 
Committee and 
does not publish the 
application.   Article 6(5)  
[EC ] 
The Commission 
consults with the Member State 
Committee and 
does not publish 
the application.  Application does not meet requirements  WT/DS290/R/Add.3 
Page C-52  
 
EXHIBIT NZ-2
 
 
OBJECTION PROCESS DURING THE REGISTRATION OF A  
GEOGRAPHICAL INDICATION U NDER EC REGULATION 2081/922 
 
 WTO Member Objection      EC Objection 
                                                      
2 Note, this flow-chart excludes homonymous names and the procedures for third countries that are not 
WTO Members. Is the party eligible to access the 
application information?  
Article 12(d) 
Does the party have a legitimate economic interest? 
 Article 7(2) Does the party have a legitimate economic interest? 
 
OR 
 
Does the party have a legitimate 
interest?
Article 12(d)  
Has the WTO member, in which 
the party resides, had their 
geographical indications systems approved by the Commission 
under the equivalence 
requirements               of Article 
12(3)?Unable to access. 
Does the WTO member guarantee the information required for the product 
specification?  
Does the WTO member have 
inspection arrangements and a right 
of objection equivalent to the EU?  Unable to 
access. 
Unable to access. 
Does the WTO member provide equivalent protection to that available in the Community to corresponding agricultural products 
from the Community?  Unable to 
access. Unable to access.Yes  No 
No Yes  
Yes  
Yes  No 
No No Yes  WT/DS290/R/Add.3 
 Page C-53 
 
 
Is the person eligible to object to an 
application? 
Article 7(1) 
Is the party legitimately interested?   Article 12(d)  Is the party legitimately interested?   
Yes Yes 
Article 7(1)  The party submits objections to their member state competent 
authority. Unable to 
object
Unable to 
objectUnable to 
objectUnable to 
object
Unable to 
object
Article 12(d) 
The party submits objections to their 
government. 
Article 12(d) 
WTO Member government refers the 
objection to the European Commission. Does the WTO member guarantee the 
information required for the product 
specification?  
Does the WTO member have inspection 
arrangements and a right of objection 
equivalent t ot h eE U ?
Does the WTO member provide equivalent protection to that available in the Community to corresponding 
agricultural products from the 
Communit
y?  Article 12(d)  Has the WTO member, in which the party resides, had their geographical 
indications systems approved by the 
Commission under the equivalence 
requirements of Article 12(3)?  No 
Unable to 
objectYes
Yes 
Yes 
Yes No 
No 
No 
No No WT/DS290/R/Add.3 
Page C-54  
 
   
Article 7(5) 
Member states consult among themselves.  Article 12(d)(3) 
Commission consults with the WTO Member 
making the objection.  Commission adopts a 
decision using the procedures in Article 15. (ie The Commission is assisted by the Member 
State Committee.) 
Can’t agree whether 
application OK in 
light of receipt of 
objection  
Article 7(5)(b)  
Commission takes a decision in 
accordance with the procedures in 
Article 15. (ie The Commission is assisted by the Member State 
Committee.    Agree 
application ok 
despite receipt of 
objection Agree application 
ok despite receipt 
of objection. 
Agree 
application ok 
despite receipt of 
objection 
Article 6(3) & Article 6(4) [EC] and Article 12(d)(3) 
Name registered on the EC Register a nd published in the Official Journal. Article 12(d)(2) 
Commission examines objections against Article 
7.4, which must be proved and relevant within 
the Community.  
Article 7(4)  
A statement of objection is admissible if it:    
-  shows non-compliance with the conditions 
referred to in Article 2.   
-  shows the existence of the proposed name 
would jeopardise existence of entirely or partly identical name or of a mark or products that have been legally on the market for at least 5 years 
preceding date of publica tion in the Official 
Journal Article 6.2.   
-can show the name being sought registration for 
is generic (in the EC). Article 7(3)  
Competent authority takes necessary measures to 
consider the comments or objections within the 
deadlines laid down.     
Article 7(4)  
A statement of objection is admissible if it:    
-  shows non-compliance with the conditions 
referred to in Article 2.   
-  shows the existence of the proposed name 
would jeopardise existence of entirely or partly identical name or of a mark or products that have been legally on the market for at least 5 years 
preceding date of publica tion in the Official 
Journal under Article 6.2.   
-can show the name being sought registration for 
is generic (in the EC). 
Decide objection 
admissible Decide objection  
admissible