1993D0053 — EN — 02.10.1997 — 002.001 — 1
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►B COMMISSION DECISION
of 21 December 1992
setting up a scientific committee for designations of origin, geographical indications and certificates
of specific character
(93/53/EEC)
(OJ L 13, 21.1.1993, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/437/EC of 14 June 1994 L 180 47 14.7.1994
►M2Commission Decision 97/656/EC of 2 October 1997 L 277 30 10.10.1997
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▼B
COMMISSION DECISION
of 21 December 1992
setting up a scientific committee for designations of origin,
geographical indications and certificates of specific character
(93/53/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Whereas within the framework of Community protection of designa-
tions of origin and geographical indications, registration thereof mayinvolve examining problems concerning the generic nature of a nameand the factors to be taken into account when defining the designationof origin and geographical indication for agricultural products and food-stuffs, on the one hand, and the application of criteria regarding faircompetition in commercial transactions and the danger of confusingconsumers within the meaning of Articles 13 and 14 of Council Regula-tion (EEC) No 2081/92 (
1)in cases where there is a conflict between the
designation of origin or geographical indication and the trademark,homonyms or existing products which are legally marketed, on the otherhand;
Whereas within the framework of Community protection of certificates
of specific character, registration thereof may involve examining prob-lems concerning assessment of the traditional nature of agriculturalproducts and foodstuffs;
Whereas the search for solutions to such problems requires the assis-
tance of highly qualified experts with legal or agricultural backgrounds,and particularly with knowledge of intellectual property rights;
Whereas it is therefore appropriate to set up a scientific committee to
assist the Commission,
HAS DECIDED AS FOLLOWS:
Article 1
A scientific committee, hereinafter called ‘the Committee', is hereby
established to assist the Commission.
Article 2
The task of the Committee shall be to examine, at the request of the
Commission, all technical problems relating to the application of Regu-lation (EEC) No 2081/92 and Council Regulation (EEC) No 2082/92 (
2)
with regard to the registration of names of agricultural products andfoodstuffs and cases of conflict between Member States, in particular:
1. the factors to be taken into account when defining geographical
indications and designations of origin and exceptions thereto, partic-ularly exceptional reputation and renown;
2. generic nature;3. the assessment of traditional nature;4. the assessment of criteria regarding fair competition in commercial
transactions and the risk of confusing consumers in cases of conflictbetween the designation of origin or geographical indication and thetrademark, homonyms or existing products which are legallymarketed.
(1) OJ No L 208, 24. 7. 1992, p. 1.
(2) OJ No L 208, 24. 7. 1992, p. 9.
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▼B
Article 3
1. The members of the Committee shall be appointed by the
Commission from among highly-qualified experts with competence inthe fields referred to in Article 2.
2. The Committee shall consist of seven members and seven
alternate members authorized to participate in the meetings.
Article 4
1. The Committee shall elect a Chairman and a Vice-Chairman from
among its members.
They shall be elected on the basis of a simple majority.2. The Commission shall provide the secretariat of the Committee.
Article 5
►
M1The Committee’s proceedings shall be valid only when at least
five of its members are present. ◄The Committee shall give a favour-
able opinion when votes in favour exceed votes against. Where votes infavour and against are equal, abstention shall be considered as a vote infavour.
Article 6
1.►
M2Members shall be appointed for a term of three years, ◄
which term shall be renewable. However, the terms of office of theChairman and Vice-Chairman shall be of two years. They may not bere-elected immediately after having performed their duties for twoconsecutive two-year periods. Members shall not be remunerated fortheir services.
▼
M2
2. Upon the expiry of the period of three years or two years, as thecase may be, the members, chairman, and vice-chairman shall remain inoffice until they are replaced or their appointments are renewed.
▼
B
3. Where a member, Chairman or Vice-Chairman is unable to carryout his duties or in the event of his resignation, he shall be replaced forthe remaining period of his term of office, in accordance with theprocedure provided for in Articles 3 and 4, as the case may be.
Article 7
1. The Committee shall meet at the request of a representative of the
Commission.
2. The Commission’s representative and officials and other servants
of the Commission concerned shall attend the meetings of theCommittee.
3. The Commission’s representative may invite leading figures with
special qualifications in the subjects under study to attend these meet-ings.
Article 8
1. The proceedings of the Committee shall relate to matters on which
the Commission has requested an opinion.
The Commission may specify a period within which such opinion must
be delivered.
2. Where the opinion requested is the subject of unanimous agree-
ment by the members of the Committee, they shall establish their jointconclusions. Failing unanimity, the various positions adopted during theproceedings shall be entered in a report drawn up under the responsi-bility of the Committee’s secretariat.
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▼M2
Article 9
1. Without prejudice to Article 214 of the Treaty, where the
Commission’s representative informs members of the committee thatthe opinion requested relates to a subject of a confidential nature, suchmembers shall be under an obligation not to disclose information whichhas come to their knowledge through the work of the committee.
2. They shall not, either during or after their term of office, use for
professional purposes information which has come to their knowledgein their capacity as members of the committee.
Article 10
Members shall avoid any conflicts of interests in the performance of
their duties.