1992R2081 — EN — 01.05.2004 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC) No 2081/92
of 14 July 1992
on the protection of geographical indications and designations of origin for agricultural products
and foodstuffs
(OJ L 208, 24.7.1992, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 535/97 of 17 March 1997 L 83 3 25.3.1997
►M2 Commission Regulation (EC) No 1068/97 of 12 June 1997 L 156 10 13.6.1997
►M3 Commission Regulation (EC) No 2796/2000 of 20 December 2000 L 324 26 21.12.2000
►M4 Council Regulation (EC) No 692/2003 of 8 April 2003 L 99 1 17.4.2003
►M5 Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Amended by:
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
►A2 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
COUNCIL REGULATION (EEC) No 2081/92
of 14 July 1992
on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (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, as part of the adjustment of the common agricultural policy
the diversification of agricultural production should be encouraged soas to achieve a better balance between supply and demand on themarkets; whereas the promotion of products having certain characteris-
tics could be of considerable benefit to the rural economy, in particular
to less-favoured or remote areas, by improving the incomes of farmersand by retaining the rural population in these areas;
Whereas, moreover, it has been observed in recent years that consu-
mers are tending to attach greater importance to the quality of
foodstuffs rather than to quantity; whereas this quest for specificproducts generates a growing demand for agricultural products or food-stuffs with an identifiable geographical origin;
Whereas in view of the wide variety of products marketed and of the
abundance of information concerning them provided, consumers must,
in order to be able to make the best choice, be given clear and succinctinformation regarding the origin of the product;
Whereas the labelling of agricultural products and foodstuffs is subject
to the general rules laid down in Council Directive 79/112/EEC of 18
December 1978 on the approximation of the laws of the Member Statesrelating to the labelling, presentation and advertising of foodstuffs (
4);
whereas, in view of their specific nature, additional special provisionsshould be adopted for agricultural products and foodstuffs from aspecified geographical area;
Whereas the desire to protect agricultural products or foodstuffs which
have an identifiable geographical origin has led certain Member Statesto introduce ‘registered designations of origin’; whereas these haveproved successful with producers, who have secured higher incomesin return for a genuine effort to improve quality, and with consumers,
who can purchase high quality products with guarantees as to the
method of production and origin;
Whereas, however, there is diversity in the national practices for imple-
menting registered designations or origin and geographical indications;
whereas a Community approach should be envisaged; whereas a frame-
work of Community rules on protection will permit the development ofgeographical indications and designations of origin since, by providinga more uniform approach, such a framework will ensure fair competi-tion between the producers of products bearing such indications andenchance the credibility of the products in the consumers' eyes;1992R2081 — EN — 01.05.2004 — 005.001 — 2
(1) OJ No C 30, 6. 2. 1991, p. 9 and OJ No C 69, 18. 3. 1992, p. 15.
(2) OJ No C 326, 16. 12. 1991, p. 35.
(3) OJ No C 269, 14. 10. 1991, p, 62.
(4) 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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Whereas the planned rules should take account of existing Community
legislation on wines and spirit drinks, which provide for a higher levelof protection;
Whereas the scope of this Regulation is limited to certain agricultural
products and foodstuffs for which a link between product or foodstuffcharacteristics and geographical origin exists; whereas, however, thisscope could be enlarged to encompass other products or foodstuffs;
Whereas existing practices make it appropriate to define two different
types of geographical description, namely protected geographical indi-cations and protected designations of origin;
Whereas an agricultural product or foodstuff bearing such an indication
must meet certain conditions set out in a specification;
Whereas to enjoy protection in every Member State geographical indi-
cations and designations of origin must be registered at Communitylevel; whereas entry in a register should also provide information tothose involved in trade and to consumers;
Whereas the registration procedure should enable any person individu-
ally and directly concerned in a Member State to exercise his rights by
notifying the Commission of his opposition;
Whereas there should be procedures to permit amendment of the speci-
fication, after registration, in the light of technological progress orwithdrawal from the register of the geographical indication or designa-
tion of origin of an agricultural product or foodstuff if that product or
foodstuff ceases to conform to the specification on the basis of whichthe geographical indication or designation of origin was granted;
Whereas provision should be made for trade with third countries
offering equivalent guarantees for the issue and inspection of geogra-
phical indications or designations of origin granted on their territory;
Whereas provision should be made for a procedure establishing close
cooperation between the Member States and the Commission througha Regulatory Committee set up for that purpose,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down rules on the protection of designations
of origin and geographical indications of agricultural products intended
for human consumption referred to in Annex I to the Treaty and of the
foodstuffs referred to in Annex I to this Regulation and the agriculturalproducts referred to in Annex II to this Regulation.
However, this Regulation shall not apply to wine-sector products,
except wine vinegars, or to spirit drinks. This paragraph shall be
without prejudice to the application of Regulation (EC) No 1493/1999
on the common organisation of the market in wine.
Annexes I and II to this Regulation may be amended using the proce-
dure specified in Article 15.
2. This Regulation shall apply without prejudice to other specific
Community provisions.
3. Council Directive 83/189/EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of technical
standards and regulations (
1) shall not apply to the designations of
origin and geographical indications covered by this Regulation.1992R2081 — EN — 01.05.2004 — 005.001 — 3
(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).▼M4
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Article 2
1. Community protection of designations of origin and of geogra-
phical indications of agricultural products and foodstuffs shall beobtained in accordance with this Regulation.
2. For the purposes 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 agriculturalproduct or a foodstuff:
— originating in that region, specific place or country, and
— the quality or characteristics of which are essentially or exclu-
sively due to a particular geographical environment with itsinherent natural and human factors, and the production, proces-
sing and preparation 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 agri-cultural product or a foodstuff:
— originating in that region, specific place or country, and
— which possesses a specific quality, reputation or other charac-
teristics attributable to that geographical origin and theproduction and/or processing and/or preparation of which take
place in the defined geographical area.
3. Certain traditional geographical or non-geographical names desig-
nating an agricultural product or a foodstuff originating in a region or aspecific place, which fulfil the conditions referred to in the second
indent of paragraph 2 (a) shall also be considered as designations of
origin.
4. By way of derogation from Article 2 (a), certain geographical
designations shall be treated as designations of origin where the rawmaterials of the products concerned come from a geographical area
larger than or different from the processing area, provided that:
— the production area of the raw materials is limited,
— special conditions for the production of the raw materials exist, and
— there are inspection arrangements to ensure that those conditions
are adhered to.
5. For the purposes of paragraph 4, only live animals, meat and milk
may be considered as raw materials. Use of other raw materials may be
authorized in accordance with the procedure laid down in Article 15.
6. In order to be eligible for the derogation provided for in para-
graph 4, the designations in question may be or have already been
recognized as designations of origin with national protection by the
Member State concerned, or, if no such scheme exists, have a proven,traditional character and an exceptional reputation and renown.
7. In order to be eligible for the derogation provided for in para-
graph 4, applications for registration must be lodged within two years
of the entry into force of this Regulation. ►
A1 In the case of Austria,
Finland, and Sweden, the above period shall begin from the date oftheir accession. ◄►
A2 In the case of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia andSlovakia the above period shall begin from the date of their acces-
sion.◄
Article 3
1. Names that have become generic may not be registered.
For the purposes of this Regulation, a ‘name that has become generic’
means the name of an agricultural product or a foodstuff which,although it relates to the place or the region where this product or food-stuff was originally produced or marketed, has become the commonname of an agricultural product or a foodstuff.1992R2081 — EN — 01.05.2004 — 005.001 — 4
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To establish whether or not a name has become generic, account shall
be taken of all factors, in particular:
— the existing situation in the Member State in which the name origi-
nates and in areas of consumption,
— the existing situation in other Member States,
— the relevant national or Community laws.
Where, following the procedure laid down in Articles 6 and 7, an
application of registration is rejected because a name has become
generic, the Commission shall publish that decision in the Official
Journal of the European Communities .
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 publicas to the true origin of the product.
3. Before the entry into force of this Regulation, the Council, acting
by a qualified majority on a proposal from the Commission, shall draw
up and publish in the Official Journal of the European Communities a
non-exhaustive, indicative list of the names of agricultural products orfoodstuffs which are within the scope of this Regulation and areregarded under the terms of paragraph 1 as being generic and thus not
able to be registered under this Regulation.
Article 4
1. To be eligible to use a protected designation of origin (PDO) or a
protected geographical indication (PGI) an agricultural product or food-
stuff must comply with a specification.
2. The product specification shall include at least:
(a) the name of the agricultural product or foodstuffs, including 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 and/or organoleptic characteristics of the productor the foodstuff;
(c) the definition of the geographical area and, if appropriate, details
indicating compliance with the requirements in Article 2 (4);
(d) evidence that the agricultural product or the foodstuff originates in
the geographical area, within the meaning of Article 2 (2) (a) or
(b), whichever is applicable;
(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 the packaging, if the
group making the request determines and justifies that the packa-ging must take place in the limited geographical area to safeguardquality, ensure traceability or ensure control;
(f) the details bearing out the link with the geographical environment
or the geographical origin within the meaning of Article 2 (2) (a)or (b), whichever is applicable;
(g) details of the inspection structures provided for in Article 10;(h) the specific labelling details relating to the indication PDO or PGI,
whichever is applicable, or the equivalent traditional national indi-cations;
(i) any requirements laid down by Community and/or national provi-
sions.
Article 5
1. Only a group or, subject to certain conditions to be laid down in
accordance with the procedure provided for in Article 15, a natural orlegal person, shall be entitled to apply for registration.1992R2081 — EN — 01.05.2004 — 005.001 — 5
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For the purposes of this Article, ‘Group’ means any association, irre-
spective of its legal form or composition, of producers and/orprocessors working with the same agricultural product or foodstuff.
Other interested parties may participate in the group.
2. A group or a natural or legal person may apply for registration
only in respect of agricultural products or foodstuffs which it producesor obtains within the meaning of Article 2 (2) (a) or (b).
3. The application for registration shall include the product specifi-
cation referred to in Article 4.
4. The application shall be sent to the Member State in which the
geographical area is located.
5. The Member State shall check that the application is justified and
shall forward the application, including the product specificationreferred to in Article 4 and other documents on which it has based itsdecision, to the Commission, if it considers that it satisfies the require-
ments of this Regulation.
That Member State may, on a transitional basis only, grant on the
national level a protection in the sense of the present Regulation tothe name forwarded in the manner prescribed, and, where appropriate,an adjustment period, as from the date of such forwarding; these mayalso be granted transitionally subject to the same conditions in connec-tion with an application for the amendment of the product
specification.
Such transitional national protection shall cease on the date on which a
decision on registration under this Regulation is taken. When that deci-sion is taken, a period of up to five years may be allowed for
adjustment, on condition that the undertakings concerned have legally
marketed the products in question, using the names concerned continu-ously, for at least five years prior to the date of the publicationprovided for in Article 6 (2).
The consequences of such national protection, where a name is not
registered under this Regulation, shall be the sole responsibility of theMember State concerned.
The measures taken by Member States under the second subparagraph
shall produce effects at national level only; they shall have no effect on
intra-Community trade.
If the application concerns a name that also designates a border geogra-
phical area, or a traditional name connected to that geographical area,situated in another Member State or in a third country recognised underthe procedure provided for in Article 12(3), the Member State to whichthe application was sent shall consult the Member State or the thirdcountry concerned before transmitting the application.
If, following consultations, the groups or natural or legal persons from
the States concerned agree on an overall solution, the States concernedmay submit a joint application for registration to the Commission.
Specific provisions may be adopted by the procedure laid down in
Article 15.
6. Member States shall introduce the laws, regulations and adminis-
trative provisions necessary to comply with this Article.
Article 6
1. Within a period of six months the Commission shall verify, by
means of a formal investigation, whether the registration application
includes all the particulars provided for in Article 4.
The Commission shall inform the Member State concerned of its find-
ings.1992R2081 — EN — 01.05.2004 — 005.001 — 6
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The Commission shall make public any application for registration,
stating the date on which the application was made.
2. If, after taking account of paragraph 1, the Commission concludes
that the name qualifies for protection, it shall publish in the Official
Journal of the European Communities the name and address of the
applicant, the name of the product, the main points of the application,
the references to national provisions governing the preparation, produc-
tion or manufacture of the product and, if necessary, the grounds for itsconclusions.
3. If no statement of objections is notified to the Commission in
accordance with Article 7, the name shall be entered in a register kept
by the Commission entitled ‘Register of protected designations of
origin and protected geographical indications’, which shall contain thenames of the groups and the inspection bodies concerned.
4. The Commission shall publish in the Official Journal of the
European Communities:
— the names entered in the Register,
— amendments to the Register made in accordance with Article 9 and
11.
5. If, in the light of the investigation provided for in paragraph 1,
the Commission concludes that the name does not qualify for protec-
tion, it shall decide, in accordance with the procedure provided for inArticle 15, not to proceed with the publication provided for in para-graph 2 of this Article.
Before publication as provided for in paragraphs 2 and 4 and registra-
tion as provided for in paragraph 3, the Commission may request the
opinion of the Committee provided for in Article 15.
6. If the application concerns a homonym of an already registered
name from the European Union or a third country recognised in accor-
dance with the procedure in Article 12(3), the Commission may requestthe opinion of the Committee provided for in Article 15 prior to regis-tration under paragraph 3 of this Article.
A homonymous name meeting the requirements of this Regulation
shall be registered with due regard for local and traditional usage and
the actual risk of confusion, in particular:
— a homonymous name which misleads the public into believing that
products come from another territory shall not be registered even if
the name is accurate as far as its wording is concerned for theactual territory, region or place of origin of the agricultural productsor foodstuffs in question;
— the use of a registered homonymous name shall be subject to there
being a clear distinction in practice between the homonym regis-tered 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 consumers.
Article 7
1. Within six months of the date of publication in the Official
Journal of the European Communities referred to in Article 6 (2), any
Member State may object to the registration.
2. The competent authorities of the Member States shall ensure that
all persons who can demonstrate a legitimate economic interest areauthorized to consult the application. In addition and in accordance
with the existing situation in the Member States, the Member States
may provide access to other parties with a legitimate interest.
3. Any legitimately concerned natural or legal person may object to
the proposed registration by sending a duly substantiated statement tothe competent authority of the Member State in which he resides or is1992R2081 — EN — 01.05.2004 — 005.001 — 7
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established. The competent authority shall take the necessary measures
to consider these comments or objection within the deadlines laiddown.
4. A statement of objection shall be admissible only if it:
— either shows non-compliance with the conditions referred to in
Article 2,
— shows that the registration of the name proposed would jeopardize
the existence of an entirely or partly identical name or of a mark or
the existence of products which have been legally on the market forat least five years preceding the date of the publication provided forin Article 6 (2).
— or indicates the features which demonstrate that the name whose
registration is applied for is generic in nature.
5. Where an objection is admissible within the meaning of para-
graph 4, the Commission shall ask the Member States concerned toseek agreement among themselves in accordance with their internalprocedures within three months. If:
(a) agreement is reached, the Member States in question shall commu-
nicate to the Commission all the factors which made agreement
possible together with the applicant's opinion and that of the
objector. Where there has been no change to the informationreceived under Article 5, the Commission shall proceed in accor-dance with Article 6 (4). If there has been a change, it shall againinitiate the procedure laid down in Article 7;
(b) no agreement is reached, the Commission shall take a decision in
accordance with the procedure laid down in Article 15, havingregard to traditional fair practice and of the actual likelihood ofconfusion. Should it decide to proceed with registration, the
Commission shall carry out publication in accordance with Article
6 (4).
Article 8
The indications PDO, PGI or equivalent traditional national indications
may appear only on agricultural products and foodstuffs that complywith this Regulation.
Article 9
The Member State concerned may request the amendment of a specifi-
cation, in particular to take account of developments in scientific and
technical knowledge or to redefine the geographical area.
The Article 6 procedure shall apply mutatis mutandis .
The Commission may, however, decide, under the procedure laid down
in Article 15, not to apply the Article 6 procedure in the case of aminor amendment.
Article 10
1. Member States shall ensure that not later than six months after
the entry into force of this Regulation inspection structures are in place,
the function of which shall be to ensure that agricultural products and
foodstuffs bearing a protected name meet the requirements laid downin the specifications. ►
A1 In the case of Austria, Finland and Sweden,
the above period shall begin from the date of their accession. ◄
►A2 In the case of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the above
period shall begin from the date of their accession. ◄
2. An inspection structure may comprise one or more designated
inspection authorities and/or private bodies approved for that purposeby the Member State. Member States shall send the Commission listsof the authorities and/or bodies approved and their respective powers.1992R2081 — EN — 01.05.2004 — 005.001 — 8
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The Commission shall publish those particulars in the Official Journal
of the European Communities .
3. Designated inspection authorities and/or approved private bodies
must offer adequate guarantees of objectivity and impartiality with
regard to all producers or processors subject to their control and havepermanently at their disposal the qualified staff and resources necessaryto carry out inspection of agricultural products and foodstuffs bearing aprotected name.
If an inspection structure uses the services of another body for some
inspections, that body must offer the same guarantees. In that event
the designated inspection authorities and/or approved private bodiesshall, however, continue to be responsible vis-à-vis the Member State
for all inspections.
As from 1 January 1998, in order to be approved by the Member States
for the purpose of this Regulation, private bodies must fulfil the
requirements laid down in standard EN 45011 of 26 June 1989.
The standard or the applicable version of standard EN 45011, whose
requirements private bodies must fulfil for approval purposes, shall beestablished or amended in accordance with the procedure laid down in
Article 15.
The equivalent standard or the applicable version of the equivalent
standard in the case of third countries recognised pursuant to Article12(3), whose requirements private bodies must fulfil for approvalpurposes, shall be established or amended in accordance with theprocedure laid down in Article 15.
4. If a designated inspection authority and/or private body in a
Member State establishes that an agricultural product or a foodstuffbearing a protected name of origin in that Member State does notmeet the criteria of the specification, they shall take the steps necessaryto ensure that this Regulation is complied with. They shall inform the
Member State of the measures taken in carrying out their inspections.
The parties concerned must be notified of all decisions taken.
5. A Member State must withdraw approval from an inspection
body where the criteria referred to in paragraphs 2 and 3 are no longerfulfilled. It shall inform the Commission, which shall publish in theOfficial Journal of the European Communities a revised list of
approved bodies.
6. The Member States shall adopt the measures necessary to ensure
that a producer who complies with this Regulation has access to theinspection system.
7. The costs of inspections provided for under this Regulation shall
be borne by the producers using the protected name.
Article 11
1. Any Member State may submit that a condition laid down in the
product specification of an agricultural product or foodstuff covered by
a protected name has not been met.
2. The Member State referred to in paragraph 1 shall make its
submission to the Member State concerned. The Member Stateconcerned shall examine the complaint and inform the other MemberState of its findings and of any measures taken.
3. In the event of repeated irregularities and the failure of the
Member States concerned to come to an agreement, a duly substan-
tiated application must be sent to the Commission.
4. The Commission shall examine the application by consulting the
Member States concerned. Where appropriate, having consulted thecommittee referred to in Article 15, the Commission shall take thenecessary steps. These may include cancellation of the registration.1992R2081 — EN — 01.05.2004 — 005.001 — 9
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►M4 Notice of cancellation shall be published in the Official Journal
of the European Union .◄
Article 11a
In accordance with the procedure laid down in Article 15, the Commis-
sion may cancel the registration of a name in the following cases:
(a) Where the State which submitted the original application for regis-
tration checks that a request for cancellation, submitted by the
group or by a natural or legal person concerned, is justified and
forwards it to the Commission.
(b) For well-founded reasons, where compliance with the specifications
laid down for an agricultural product or a foodstuff bearing a
protected name can no longer be ensured.
Specific provisions may be adopted by the procedure laid down in
Article 15.
Notice of cancellation shall be published in the Official Journal of the
European Union .
Article 12
1. Without prejudice to international agreements, this Regulation
may apply to an agricultural product or foodstuff from a third countryprovided that:
— the third country is able to give guarantees identical or equivalent
to those referred to in Article 4,
— the third country concerned has inspection arrangements and a right
to objection equivalent to those laid down in this Regulation,
— the third country concerned is prepared to provide protection
equivalent to that available in the Community to correspondingagricultural products for foodstuffs coming from the Community.
2. If a protected name of a third country is identical to a Community
protected name, registration shall be granted with due regard for local
and traditional usage and the practical risks of confusion.
Use of such names shall be authorized only if the country of origin of
the product is clearly and visibly indicated on the label.
3. The Commission shall examine, at the request of the country
concerned, and in accordance with the procedure laid down in Article15 whether a third country satisfies the equivalence conditions andoffers guarantees within the meaning of paragraph 1 as a result of itsnational legislation. Where the Commission decision is in the affirma-tive, the procedure set out in Article 12a shall apply.
Article 12a
1. In the case provided for in Article 12(3), if a group or a natural or
legal person as referred to in Article 5(1) and (2) in a third countrywishes to have a name registered under this Regulation it shall send aregistration application to the authorities in the country in which thegeographical area is located. Applications must be accompanied by
the specification referred to in Article 4 for each name.
If the application concerns a name that also designates a border geogra-
phical area or a traditional name connected to that geographical area ina Member State, the third country to which the application was sentshall consult the Member State concerned before transmitting the appli-cation.1992R2081 — EN — 01.05.2004 — 005.001 — 10
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If, following consultations, the groups or natural or legal persons from
the States concerned agree on an overall solution, the said States maysubmit a joint application for registration to the Commission.
Specific provisions may be adopted by the procedure laid down in
Article 15.
2. If the third country referred to in paragraph 1 deems the require-
ments of this Regulation to be satisfied it shall transmit the registrationapplication to the Commission accompanied by:
(a) a description of the legal provisions and the usage on the basis of
which the designation of origin or the geographical indication is
protected or established in the country,
(b) a declaration that the structures provided for in Article 10 are
established on its territory, and
(c) other documents on which it has based its assessment.
3. The application and all documents forwarded to the Commission
shall be in one of the official Community languages or accompanied bya translation into one of the official Community languages.
Article 12b
1. The Commission shall verify within six months whether the regis-
tration request sent by the third country contains all the necessary
elements and shall inform the country concerned of its conclusions.
If the Commission:
(a) concludes that the name satisfies the conditions for protection, it
shall publish the application in accordance with Article 6(2). Priorto publication the Commission may ask the Committee providedfor in Article 15 for its opinion;
(b) concludes that the name does not satisfy the conditions for protec-
tion, it shall decide, after consulting the country having transmittedthe application, in accordance with the procedure provided for inArticle 15, not to proceed with publication as provided for in (a).
2. Within six months of the date of publication as provided for in
paragraph 1(a), any natural or legal person with a legitimate interest
may object to the application published in accordance with paragraph1(a) on the following terms:
(a) where the objection comes from a Member State of the European
Union or a WTO member, Article 7(1), (2) and (3) or Article 12drespectively shall apply;
(b) where the objection comes from a third country meeting the
equivalence conditions of Article 12(3), a duly substantiated state-ment of objection shall be addressed to the country in which theabovementioned natural or legal person resides or is established,
which shall forward it to the Commission.
The statement of objection and all documents forwarded to the
Commission shall be in one of the official Community languages oraccompanied by a translation into one of the official Communitylanguages.
3. The Commission shall examine admissibility in accordance with
the criteria set out in Article 7(4). Those criteria must be demonstrated
in regard to the territory of the Community. Where one or more objec-tions are admissible the Commission shall adopt a decision inaccordance with the procedure laid down in Article 15 after consultingthe country which transmitted the application, taking account of tradi-tional and fair usage and the actual risk of confusion on Community
territory. If the decision is to proceed with registration the name shall
be entered in the register provided for in Article 6(3) and published inaccordance with Article 6(4).
4. If the Commission receives no statement of objection it shall
enter the name(s) in question in the register provided for in Article6(3) and publish the name(s) as provided for in Article 6(4).1992R2081 — EN — 01.05.2004 — 005.001 — 11
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Article 12c
The group or natural or legal person referred to in Article 5(1) and (2)
may request amendment of the specification for a name registeredunder Articles 12a and 12b, in particular to take account of the devel-
opment of scientific and technical knowledge or to revise the
geographical zone.
The procedure in accordance with Articles 12a and 12c shall apply.However, the Commission may decide, in accordance with the Article
15 procedure, not to apply the procedure provided for in Articles 12aand 12b if the amendment is of a minor nature.
Article 12d
1. Within six months of the date of the notice in the Official Journal
of the European Union specified in Article 6(2) relating to a registra-
tion application submitted by a Member State, any natural or legal
person that has a legitimate interest and is from a WTO member
country or a third country recognised under the procedure providedfor in Article 12(3) may object to the proposed registration by sendinga duly substantiated statement to the country in which it resides or isestablished, which shall transmit it, made out or translated into aCommunity language, to the Commission. Member States shall ensure
that any person from a WTO member country or a third country recog-
nised under the procedure provided for in Article 12(3) who candemonstrate a legitimate economic interest is authorised to consult theapplication.
2. The Commission shall examine the admissibility of objections in
accordance with the criteria laid down in Article 7(4). These criteria
must be proved and assessed with regard to the territory of the
Community.
3. If an objection is admissible the Commission shall, after
consulting the country that transmitted the objection, adopt a decisionusing the procedure specified in Article 15, taking account of tradi-tional and fair usage and the actual risk of confusion. If the decisionis to proceed with registration, publication shall be made in accordance
with Article 6(4).
Article 13
1. Registered names shall be protected against:
(a) any direct or indirect commercial use of a name registered in
respect of products not covered by the registration in so far as thoseproducts are comparable to the products registered under that nameor insofar as using the name exploits the reputation of the protectedname;
(b) any misuse, imitation or evocation, even if the true origin of the
product is indicated or if the protected name is translated or accom-panied by an expression such as ‘style’, ‘type’, ‘method’, ‘asproduced 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 orouter packaging, advertising material or documents relating to theproduct concerned, and the packing of the product in a containerliable to convey a false impression as to its origin;
(d) any other practice liable to mislead the public 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 thatgeneric name on the appropriate agricultural product or foodstuff shallnot be considered to be contrary to (a) or (b) in the first subparagraph.1992R2081 — EN — 01.05.2004 — 005.001 — 12
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3. Protected names may not become generic.
4. In the case of names for which registration has been applied for
under Article 5 or Article 12a, provision may be made for a maximum
transitional period of five years under Article 7(5)(b) or under Article
12b(3) or Article 12d(3), solely where a statement of objection hasbeen declared admissible on the ground that the registration of theproposed name would jeopardise the existence of an entirely or partlyhomonymous name 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).
Such transitional period may be provided for only where undertakings
have legally marketed the products in question by using the names inquestion continuously for at least five years preceding the date of thepublication provided for in Article 6(2).
5. Without prejudice to the application of Article 14, the Commis-
sion may decide to allow, under the procedure provided for in Article
15, the coexistence of a registered name and an unregistered name
designating a place in a Member State or in a third country recognisedunder the procedure provided for in Article 12(3) where that name isidentical to the registered name, provided that the following conditionsare met:
— the identical unregistered name has been in legal use consistently
and equitably for at least 25 years prior to the entry into force ofRegulation (EEC) No 2081/92, and
— 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 publichas not been nor could be misled as to the true origin of theproduct, and
— the problem resulting from the identical names was raised before
registration of the name.
The registered name and the identical unregistered name concerned
may co-exist for a period not exceeding a maximum of fifteen years,after which the unregistered name shall cease to be used.
Use of the unregistered geographical name concerned shall be
authorised only where the country of origin is clearly and visibly indi-
cated on the label.
Article 14
1. Where a designation of origin or geographical indication is regis-
tered under this Regulation, any application for registration of atrademark that is for a product of the same type and use of which willengender one of the situations indicated in Article 13 shall be refused ifmade after the date of submission to the Commission of the application
for registration of the designation of origin or geographical indication.
Trademarks registered in breach of the first subparagraph shall be inva-
lidated.
2. With due regard to Community law, a trademark the use of which
engenders one of the situations indicated in Article 13 and which hasbeen applied for, registered, or established by use, if that possibility isprovided for by the legislation concerned, in good faith within the terri-tory of the Community, before either the date of protection in the
country of origin or the date of submission to the Commission of the
application for registration of the designation of origin or geographicalindication, may continue to be used notwithstanding the registration ofa designation of origin or geographical indication, provided that nogrounds for its invalidity or revocation exist as specified by CouncilDirective 89/104/EEC of 21 December 1998 to approximate the laws1992R2081 — EN — 01.05.2004 — 005.001 — 13
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of the Member States relating to trade marks (1) and/or Council Regu-
lation (EC) No 40/94 of 20 December 1993 on the Community trademark (
2).
3. A designation of origin or geographical indication shall not be
registered where, in the light of a trade mark's reputation and renownand the length of time it has been used, registration is liable to misleadthe consumer as to the true identity of the product.
Article 15
1. The Commission shall be assisted by a committee.2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (
3) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 16
Detailed rules for applying this Regulation shall be adopted in accor-
dance with the procedure laid down in Article 15.
Article 18
This Regulation shall enter into force twelve months after the date of
its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1992R2081 — EN — 01.05.2004 — 005.001 — 14
(1) OJ L 40, 11.2.1989, p. 1.
(2) OJ L 11, 14.1.1994, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.▼B
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ANNEX I
Foodstuffs referred to in Article 1(1):
— Beer
— Beverages made from plant extracts— Bread, pastry, cakes, confectionery and other baker's wares— Natural gums and resins— Mustard paste
— Pasta.1992R2081 — EN — 01.05.2004 — 005.001 — 15
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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— Osier.1992R2081 — EN — 01.05.2004 — 005.001 — 16