2082/92 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COUNCIL REGULATION (EEC) No 2082/92
of 14 July 1992
on certificates of specific character for agricultural products and foodstuffs
(OJ No L 208, 24. 7. 1992, p. 9)
Amended by:
Official Journal
No page date
A1 Act of Accession of Austria, Sweden and Finland C 241 121 29. 8. 1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 73 1. 1. 1995
2082/92 - - - I
ICOUNCIL REGULATION (EEC) No 2082/92
of 14 July 1992
on certificates of specific character for agricultural products and foodstuffs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parlia-
ment (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the production, manufacture and distribution of
agricultural products and foodstuffs play an important role
in the Community economy;
Whereas, in the context of the reorientation of the com-
mon agricultural policy, the diversification of agriculturalproduction should be encouraged; whereas the promotion
of specific products could be of considerable benefit to the
rural economy, particularly in less-favoured or remote
areas, both by improving the income of farmers and by
retaining the rural population in these areas;
Whereas, in the context of the completion of the internal
market in foodstuffs, economic operators should be pro-
vided with instruments which enable them to enhance the
market value of their products while protecting consumers
against improper practices and guaranteeing at the same
time fair trade;
Whereas, in accordance with the Council resolution of 9
November 1989 on future priorities for relaunching con-
sumer protection policy (
4), account should be taken of in-
creasing consumer demand for greater emphasis on quality
and information as regards the nature, method of produc-
tion and processing of foodstuffs and their special char-
acteristics; whereas, given the diversity of products on the
market and the abundance of information concerning
them, consumers must, in order to be able to make a
better choice, be provided with clear and succinct informa-
tion regarding the specific characteristics of foodstuffs;
Whereas a voluntary system based on regulatory criteria
will help attain these aims; whereas such a system enabling
producers to make known the quality of a foodstuff
throughout the Community must offer every guarantee so
that any references which may be made to it in the trade
are substantiated;
(1) OJ No C 30, 6. 2. 1991, p. 4 and
OJ No C 71, 20. 3. 1992, p. 14.
(2) OJ No C 326, 16. 12. 1991, p. 40.
(3) OJ No C 40, 17. 2. 1992, p. 3.
(4) OJ No C 294, 22. 11. 1989, p. 1.
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IIWhereas certain producers would like to derive market
value from the specific character of agricultural products
or foodstuffs because their inherent characteristics distin-
guish them clearly from similar products or foodstuffs;
whereas, in order to protect the consumer, the certified
specific character should be subject to inspection;
Whereas, given the specific character of such products or
foodstuffs, special provisions should be adopted to supple-
ment the labelling rules laid down in Council Directive
79/112/EEC of 18 December 1978 on the approximation
of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs (1) and whereas,
in particular, an expression and, as appropriate, a Com-
munity symbol should be devised to accompany the trade
description of such products or foodstuffs informing the
consumer that it is a product or foodstuff presenting in-
spected specific characteristics;
Whereas, to guarantee that agricultural products and
foodstuffs consistently possess the certified specific char-
acteristics, groups of producers must themselves define the
said characteristics in a product specification but whereas
the rules for approving inspection bodies responsible for
checking that the product specification is complied with
must be uniform throughout the Community;
Whereas, in order not to create unfair conditions of com-
petition, any producer must be able to use either a regis-
tered trade description together with details and, where ap-
propriate, a Community symbol or a trade description
registered as such, as long as the agricultural product or
foodstuff he produces or processes complies with the re-
quirements of the relevant specification and the inspection
body he has selected is approved;
Whereas provision should be made for allowing trade with
third countries offering equivalent guarantees for the issue
and inspection of certificates of specific character in their
territory;
Whereas, if they are to be attractive to producers and reli-
able for consumers, expressions relating to the specific
character of an agricultural product or a foodstuff must be
granted legal protection and be subject to official inspec-
tion;
Whereas a procedure should be provided for to establish
close cooperation between the Member States and the
Commission in a regulatory committee set up for the pur-
pose,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 33, 8. 2. 1979, p. 1. Last amended by Directive
91/72/EEC (OJ No L 42, 15. 2. 1991, p. 27).
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1Article 1
1. This Regulation lays down rules under which a Com-
munity certificate of specific character may be obtained
for:
— agricultural products listed in Annex II to the T reaty
and intended for human consumption,
— foodstuffs listed in the Annex to this Regulation.
The Annex may be amended in accordance with the pro-
cedure set out in Article 19.
2. This Regulation shall apply without prejudice to other
specific Community provisions.
3. Council Directive 83/189/EEC of 28 March 1989 lay-
ing down a procedure for the provision of information in
the field of technical standards and regulations (1) shall not
apply to certificates of specific character which are the sub-
ject of this Regulation.
Article 2
For the purposes of this Regulation:
1. ‘specific character’ shall mean the feature or set of fea-
tures which distinguishes an agricultural product or a
foodstuff clearly from other similar products or foods-
tuffs belonging to the same category.
The presentation of an agricultural product or a foods-
tuff is not regarded as a feature within the meaning of
the first subparagraph.
Specific character may not be restricted to qualitative
or quantitative composition or to a mode of produc-
tion laid down in Community or national legislation, in
standards set by standardization bodies or in voluntary
standards; however, this rule shall not apply where the
said legislation or standard has been established in
order to define the specific character of a product;
2. ‘group’ shall mean any association, irrespective of its
legal form or composition, of producers and/or pro-
cessors working with the same agricultural product or
foodstuff. Other interested parties may participate in
the group;
3. ‘certificate of specific character’ shall mean recognition
by the Community of the specific character of a prod-
uct by means of its registration in accordance with this
Regulation.
Article 3
The Commission shall set up and administer a register of
certificates of specific character which will list the names of
agricultural products and foodstuffs of which the specific
character has been recognized at Community level in ac-
cordance with this Regulation.
(1) OJ No L 109, 26. 4. 1983, p. 8. Last amended by Decision
90/230/EEC (OJ No L 128, 18. 5. 1990, p. 15).2082/92
2082/92 - - - I
2The register shall distinguish between the names referred
to in Article 13 (1) and those referred to in Article 13 (2).
Article 4
1. In order to appear in the register referred to in Ar-
ticle 3, an agricultural product or foodstuff must either be
produced using traditional raw materials or be character-
ized by a traditional composition or a mode of production
and/or processing reflecting a traditional type of produc-
tion and/or processing.
2. Registration shall not be permitted in the case of an
agricultural product or foodstuff the specific character of
which is due:
(a) to its provenance or geographical origin;
(b) solely to application of a technological innovation.
Article 5
1. T o be registered, the name must:
— be specific in itself, or
— express the specific character of the agricultural prod-
uct or the foodstuff.
2. A name expressing specific character, as referred to in
the second indent of paragraph 1, may not be registered if:
— it refers only to claims of a general nature used for a
set of agricultural products or foodstuffs, or to those
provided for by specific Community legislation,
— it is misleading, such as that, in particular, which refers
to an obvious characteristic of the product or does not
correspond to the specification or to the consumer’s
expectations in view of the characteristics of the prod-
uct.
3. In order to be registered, a specific name as referred
to in the first indent of paragraph 1 must be traditional
and comply with national provisions or be established by
custom.
4. The use of geographical terms shall be authorized in
a name not covered by Council Regulation (EEC)
No 2081/92 of 14 July 1992 on the protection of geo-
graphical indications and designations of origin for agricul-
tural products and foodstuffs (1).
Article 6
1. In order to qualify for a certificate of specific char-
acter, an agricultural product or foodstuff must comply
with a product specification.
2. The product specification shall include at least:
(1) See p. 1 of this Official Journal. (SIC! OJ No L 208,
24. 7. 1992, p. 1.)2082/92
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3— the name within the meaning of Article 5, in one or
more languages,
— a description of the method of production, including
the nature and characteristics of the raw material and/
or ingredients used and/or the method of preparation
of the agricultural product or the foodstuff, referring
to its specific character,
— aspects allowing appraisal of traditional character,
within the meaning of Article 4 (1),
— a description of the characteristics of the agricultural
product or the foodstuff giving its main physical,
chemical, microbiological and/or organoleptic char-
acteristics which relate to the specific character,
— the minimum requirements and inspection procedures
to which specific character is subject.
Article 7
1. Only a group shall be entitled to apply for registra-
tion of the specific character of an agricultural product or
a foodstuff.
2. The application for registration comprising the prod-
uct specification shall be submitted to the competent auth-
ority of the Member State in which the group is estab-lished.
3. The competent authority shall forward the application
to the Commission if it considers that the requirements of
Articles 4, 5 and 6 are fulfilled.
4. No later than the date of entry into force of this Re-
gulation, Member States shall publish the particulars of the
competent authorities which they have designated and shall
inform the Commission accordingly. Austria, Finland
and
Sweden shall publish such particulars within 6 months of
their accession.
Article 8
1. The Commission shall forward the translated applica-
t i o nf o rr e g i s t r a t i o nt ot h eo t h e rM e m b e rS t a t e sw i t h i na
period of six months from the date of receipt of the ap-
plication referred to in Article 7 (3).
As soon as the forwarding referred to in the first subpara-
graph has been carried out, the Commission shall publish
in the Official Journal of the European Communities the
main points of the application forwarded by the competent
authority referred to in Article 7 and, in particular, the
name of the agricultural product or the foodstuff, as pre-
scribed by the first indent of Article 6 (2), and the appli-
cant’s references.
2. The competent authorities of the Member States shall
ensure that all persons who can demonstrate a legitimate
economic interest are authorized to consult the application
referred to in paragraph 1. In addition, and in accordance
with the rules in force in the Member States, the said com-
petent authorities may provide access to other parties with
a legitimate interest.95/1/EC, Euratom, ECSC2082/92
2082/92 - - - I
43. Within five months of the date of publication referred
to in paragraph 1, any natural or legal person legitimately
concerned by the registration may object to the intended
registration by sending a duly substantiated statement to
the competent authorities of the Member State in which
that person resides or is established.
4. The competent authorities of the Member States shall
adopt the necessary measures to take account of the state-
ment referred to in paragraph 3 within the period laid
down. Member States may also submit objections on their
own initiative.
Article 9
1. If no objections are notified to the Commission within
six months, the Commission shall enter in the register pro-
vided for in Article 3 the main points referred to in Article
8 (1) and publish them in the Official Journal of the Euro-
pean Communities.
2. If objections are notified, the Commission shall, with-
in three months, ask the Member States concerned to seek
agreement between themselves in accordance with their in-
ternal procedures within a further period of three months.
If:
(a) such agreement is reached, the Member States in ques-
tion shall notify the Commission of all the factors
which enabled that agreement to be reached and the
opinions of the applicant and the objector. If the in-
formation received pursuant to Article 6 (2) is un-
changed, the Commission shall proceed in accordance
with paragraph 1 above. Otherwise, it shall again initi-
ate the procedure laid down in Article 8;
(b) no agreement is reached, the Commission shall decide
on the registration in accordance with the procedure
laid down in Article 19. If a decision is taken to regis-
ter the specific character, the Commission shall pro-
ceed in accordance with paragraph 1 above.
Article 10
1. Any Member State may submit that a criterion laid
down in the product specification of an agricultural prod-
uct or a foodstuff covered by a Community certificate of
specific character has ceased to be met.
2. The Member State referred to in paragraph 1 shall
make its submission to the Member State concerned. The
Member State concerned shall examine the complaint and
inform the other Member State of its findings and of any
measures taken.
3. In the event of repeated irregularities and the failure
of the Member States to come to an agreement, a duly
substantiated application must be sent to the Commission.2082/92
2082/92 - - - I
54. The Commission shall examine the application by
consulting the Member States concerned. Where appropri-
ate, the Commission shall take the necessary steps in ac-
cordance with the procedure laid down in Article 19.
T h e s em a yi n c l u d ec a n c e l l a t i o no ft h er e g i s t r a t i o n .
Article 11
1. A Member State may, at the request of a group es-
tablished in its territory, apply for an amendment to the
product specification.
2. The Commission shall ensure that the request for
amendment and the applicant’s references are published in
theOfficial Journal of the European Communities .A r t i c l e8
(2), (3) and (4) shall apply.
The competent authorities of the Member State shall en-
sure that any producer and/or processor applying the prod-
uct specification for which an amendment has been re-
quested is informed of the publication.
3. Within three months of the date of the publication
provided for in paragraph 2, any producer and/or pro-
cessor applying the product specification for which an
amendment has been requested may exercise his right to
preserve the initial product specification by forwarding astatement to the competent authority of the Member State
in which he is established, which must forward it to the
Commission together with its comments, if appropriate.
4. If no objection or statement as referred to in para-
graph 3 is notified to the Commission within four months
of the date of publication laid down in paragraph 2, the
Commission shall enter the requested amendment in the
register provided for in Article 3 and publish it in the Offi-
cial Journal of the European Communities.
5. If an objection or a statement as referred to in para-
graph 3 is notified to the Commission, the amendment
shall not be registered. In such case the requesting group,
referred to in paragraph 1, may apply for a new certificate
of specific character in accordance with the procedure laid
down in Articles 7 to 9.
Article 12
In accordance with the procedure laid down in Article 19,
the Commission may define a Community symbol which
may be used in the labelling, presentation and advertising
of agricultural products or foodstuffs carrying a Commun-
ity certificate of specific character in accordance with this
Regulation.
Article 13
1. From the date of publication provided for in Article 9
(1), the name referred to in Article 5, together with the
indication referred to in Article 15 (1), and, where ap-
propriate, the Community symbol referred to in Article 12,
shall be reserved for the agricultural product or the foods-
tuff corresponding to the published product specification.2082/92
2082/92 - - - I
62. By way of derogation from paragraph 1, the name
alone shall be reserved for the agricultural product or the
foodstuff corresponding to the published product specifica-
tion where:
(a) the group so requested in its application for registra-
tion;
(b) the procedure referred to in Article 9 (2) (b) does not
show that use of the name is lawful, recognized and
economically significant for similar agricultural prod-
ucts or foodstuffs.
Article 14
1. Member States shall ensure that at the latest six
months following the date of entry into force of this Re-
gulation inspection structures are in place, the function of
which shall be to ensure that agricultural products and
foodstuffs carrying a certificate of specific character meet
the criteria laid down in the specifications. In the case of
Austria, Finland and Sweden the above period shall begin
f r o mt h ed a t eo ft h e i r accession.
2. An inspection structure may comprise one or more
designated inspection authorities and/or private bodies ap-
proved for that purpose by the Member State. MemberStates shall forward to the Commission lists of the author-
ities and/or bodies approved and their respective powers.
The Commission shall publish these particulars in the Offi-
cial Journal of the European Communities.
3. Designated inspection authorities and/or private
bodies must offer adequate guarantees of objectivity and
impartiality with regard to all producers or processors sub-
ject to their control and have permanently at their disposal
the qualified staff and resources necessary to carry out in-
spections of agricultural products and foodstuffs covered
by a Community certificate of specific character.
If an inspection structure uses the services of another body
for some inspections, that body must offer the same guar-
antees. However, the designated inspection authorities and/
or approved private bodies shall continue to be responsible
vis-à-vis the Member State for all inspections.
As from 1 January 1998, in order to be approved by a
Member State for the purpose of this Regulation, bodies
must fulfil the requirements laid down in standard
EN 45011 of 26 June 1989.95/1/EC, Euratom, ECSC2082/92
2082/92 - - - I
74. If a Member State’s designated inspection authority
and/or private body establishes that an agricultural product
or a foodstuff carrying a certificate of specific character
issued by that Member State does not meet the criteria of
the specification, it shall take the steps necessary to ensure
that this Regulation is complied with. It shall inform the
Member State of the measures taken in carrying out its
inspections. The parties concerned must be notified of all
decisions taken.
5. A Member State must withdraw approval from an in-
spection body where the criteria referred to in paragraphs
2 and 3 are no longer fulfilled. It shall inform the Com-
mission, which shall publish in the Official Journal of the
European Communities a revised list of approved bodies.
6. Member States shall adopt the measures necessary to
ensure that a producer who complies with this Regulation
has access to the inspection system.
7. The costs of the inspections provided for by this Re-
gulation shall be borne by the users of the certificate of
specific character.
Article 15
1. The following may be used only by producers comply-
ing with the registered product specification:
— a ni n d i c a t i o nt ob ed e t e r m i n e di na c c o r d a n c ew i t ht h e
procedure laid down in Article 19,
— where appropriate, the Community symbol, and,
— subject to Article 13 (2), the registered name.
2. A producer using, for the first time after registration,
a name reserved pursuant to Article 13 (1) or (2), even if
he belongs to the group making the original application,
shall in due course notify a designated inspection authority
or body of the Member State in which he is established
thereof.
3. The designated inspection authority or body shall en-
sure that the producer complies with the published in-
formation before the product is placed on the market.
Article 16
Without prejudice to international agreements, this Regula-
tion shall apply to agricultural products and foodstuffs
coming from a third country, on condition that the third
country:
— is able to provide guarantees identical or equivalent to
those referred to in Articles 4 and 6,
— has inspection arrangements equivalent to those de-
fined in Article 14,2082/92
2082/92 - - - I
8— is prepared to give protection equivalent to that avail-
able in the Community to corresponding agricultural
products or foodstuffs coming from the Community
and covered by a Community certificate of specific
character.
Article 17
1. Member States shall take the necessary measures to
ensure legal protection against any misuse or misleading
use of the term referred to in Article 15 (1) and, where
applicable, of the Community symbol referred to in Article
12 and against any imitation of names registered and re-
served pursuant to Article 13.
2. Registered names shall be protected against any prac-
tice liable to mislead the public including, inter alia ,p r a c -
tices suggesting that the agricultural product or foodstuff is
covered by a certificate of specific character issued by the
Community.
3. Member States shall inform the Commission and the
other Member States of the measures taken.
Article 18
Member States shall take all appropriate measures to en-
sure that sales descriptions used at national level do not
give rise to confusion with names registered and reserved
pursuant to Article 13 (2).
Article 19
The Commission shall be assisted by a committee com-
posed of the representatives of the Member States and
chaired by the representative of the Commission.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The com-mittee shall deliver its opinion on the draft within a time
limit which the chairman may lay down according to the
urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 148 (2) of the T reaty in
the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the com-
mittee shall be weighted in the manner set out in that Ar-
ticle. The chairman shall not vote.
The Commission shall adopt the measures envisaged if
they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit to the Council a
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.
If, on the expiry of a period of three months from the date
of referral to the Council, the Council has not acted, the
proposed measures shall be adopted by the Commission.2082/92
2082/92 - - - I
9Article 20
Detailed rules for applying this Regulation shall be
adopted in accordance with the procedure laid down in Ar-
ticle 19.
Article 21
Within five years of the date on which this Regulation
enters into force, the Commission shall submit to the
Council a report on the application of the Regulation, to-
gether with any appropriate proposals.
The report shall cover, in particular, the consequences of
applying Articles 9 and 13.
Article 22
This Regulation shall enter into force twelve months after
its publication in the Official Journal of the European
Communities.2082/92
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10ANNEX
Foodstuffs referred to in Article 1 (1)
— Beer,
— Chocolate and other food preparations containing cocoa,— Confectionery, bread, pastry, cakes, biscuits and other baker’s
wares,
— Pasta, whether or not cooked or stuffed,— Pre-cooked meals,
— Prepared condiment sauces,
— Soups or broths,— Beverages made from plant extracts,
— Ice-cream and sorbets.2082/92