02014R0664 — EN — 08.06.2022 — 001.001

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Amended by:









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COMMISSION DELEGATED REGULATION (EU) No 664/2014

of 18 December 2013

supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules







Article 1

Specific rules on sourcing of feed and of raw materials

1. For the purposes of Article 5 of Regulation (EU) No 1151/2012, feed shall be sourced entirely from within the defined geographical area in respect of products of animal origin the name of which is registered as a protected designation of origin.

Insofar as sourcing entirely from within the defined geographical area is not technically practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall in no case exceed 50 % of dry matter on annual basis.

2. Any restrictions to the origin of raw materials provided in the product specification of a product the name of which is registered as a protected geographical indication shall be justified in relation to the link referred to in point (f)(ii) of Article 7(1) of Regulation (EU) No 1151/2012.

Article 2

Union symbols

The Union symbols referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 are established as laid down in the Annex to this Regulation.

Article 3

Limitation of product specifications for traditional specialities guaranteed

The product specification referred to in Article 19 of Regulation (EU) No 1151/2012 shall be concise and shall not exceed 5 000 words, except in duly justified cases.

Article 4

National opposition procedures for joint applications

In case of joint applications as referred to in Article 49(1) of Regulation (EU) No 1151/2012, the related national opposition procedures shall be carried out in all the Member States concerned.

Article 5

Notification obligation concerning agreement in opposition procedure

When the interested parties reach an agreement following the consultations referred to in Article 51(3) of Regulation (EU) No 1151/2012, the authorities of the Member State or of the third country from which the application was lodged shall notify the Commission of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities of a Member State or of a third country or other natural and legal persons having lodged an opposition.

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Article 6

Applications for Union amendments to a product specification

For the purposes of Article 53 of Regulation (EU) No 1151/2012, an application for approval of a Union amendment to a product specification shall contain Union amendments only. If an application for approval of a Union amendment also contains standard or temporary amendments, the procedure for a Union amendment shall apply only to the Union amendment. Standard or temporary amendments included in the application shall be deemed as not submitted.

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Article 6a

Admissibility of applications for approval of Union amendments

1. Applications for approval of a Union amendment to a product specification shall be considered admissible if they have been submitted in accordance with Article 53 of Regulation (EU) No 1151/2012 and communicated to the Commission in accordance with Article 12(1) of Commission Implementing Regulation (EU) No 668/2014 ( 1 ) and comply with Article 10 of that Implementing Regulation.

The approval by the Commission of an application for approval of a Union amendment to a product specification shall only cover the Union amendments set out in the application.

2. If the Commission considers that an application is inadmissible, it shall inform the authorities of the Member State or the third country concerned or the applicant established in a third country, as the case may be, of the reasons for the inadmissibility.

Article 6b

Standard amendments to the product specification of a protected designation of origin or protected geographical indication

1. For the purposes of Article 53 of Regulation (EU) No 1151/2012, applications for approval of a standard amendment to a product specification shall be submitted to the authorities of the Member State in whose territory the geographical area of the product concerned is located. If the application for approval of a standard amendment to a product specification does not come from the applicant group that had submitted the application for protection of the name or names to which the product specification refers, the Member State shall give that applicant group the opportunity to comment on the application, if that applicant group still exists.

The application for approval of a standard amendment shall provide a description of the standard amendments and demonstrate that the proposed amendments qualify as standard in accordance with Article 53(2) of Regulation (EU) No 1151/2012. A summary of the reasons for which the amendments are required shall also be provided.

2. Where the Member State considers that the requirements of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant to that Regulation are met, it may approve the standard amendment. The approval decision shall include the amended consolidated product specification and, where relevant, the amended consolidated single document or shall include the electronic reference to the published version of the consolidated product specification and, where relevant, single document.

The approval decision shall be made public. The approved standard amendment shall be applicable in the Member State concerned from the date on which the approval decision was made public. The Member State shall communicate approved standard amendments to the Commission not later than 1 month following the date on which the national approval decision was made public. The Member State shall communicate, without undue delay, to the Commission any final and unappealable national judgments annulling a decision approving a standard amendment.

3. Decisions approving standard amendments concerning products originating in third countries shall be communicated to the Commission by an applicant group having a legitimate interest, either directly or via the authorities of the third country concerned, not later than 1 month following the date on which the relevant decision was made public.

4. The communication of an approved standard amendment to the Commission shall be considered to be duly made when it complies with Article 10a of Implementing Regulation (EU) No 668/2014.

5. In the event that the standard amendment implies an amendment of the single document, the Commission shall publish the description of the standard amendment and the amended single document in the Official Journal of the European Union , C series, within 3 months from the date on which it has received the communication of that standard amendment.

In the event that the standard amendment does not imply an amendment of the single document, the Commission shall make public, via the digital systems referred to in Article 12(1), first subparagraph, point (a), of Implementing Regulation (EU) No 668/2014, the description of the standard amendment within 3 months from the date on which it has received the communication of that standard amendment.

The national authority referred to in paragraphs 2 and 3 or the applicant group referred to in paragraph 3 that communicated a standard amendment to the Commission shall remain responsible for its content.

6. Standard amendments shall be applicable in the territory of the Union from the date on which they were published pursuant to paragraph 5, first subparagraph, or made public pursuant to paragraph 5, second subparagraph.

7. Where the geographical area covers more than one Member State, each Member State concerned shall apply the procedure for standard amendments separately. The standard amendment shall be applicable in the territory of the Member States concerned only after the last national approval decision becomes applicable. The Member State being the last to approve the standard amendment shall send the Commission the relevant communication not later than 1 month following the date on which its approval decision was made public.

If one or more of the Member States concerned do not adopt the national approval decision referred to in the first subparagraph, any of the Member States concerned may submit that application under the Union amendment procedure.

8. Paragraph 7 shall apply mutatis mutandis where a part of the geographical area concerned is located in the territory of a third country.

Article 6c

Relationship between Union and standard amendments

1. Where a standard amendment implying an amendment of the single document is approved, while an application for approval of a Union amendment is pending with the Commission, the Member State concerned shall update the single document included in the application for approval of a Union amendment accordingly. If the pending Union amendment has been published in the Official Journal of the European Union , for opposition, the updated version of the single document shall be published in the Official Journal of the European Union , L series, as an annex to the implementing regulation approving the Union amendment.

2. Where the amended version of the single document included in an application for standard amendment approved at national level does not take into account the latest Union amendments that have been approved, that standard amendment shall not be published in the Official Journal of the European Union . The Member State that had approved that standard amendment shall send to the Commission the consolidated version of the single document as amended by both the Union and the standard amendments for publication in the Official Journal of the European Union .

Article 6d

Temporary amendments to a product specification of a protected designation of origin or protected geographical indication

1. Temporary amendments to a product specification shall be approved and made public by the Member State in whose territory the geographical area of the product concerned is located. Temporary amendments shall be communicated to the Commission together with the reasons supporting them not later than 1 month following the date on which the national approval decision was made public. A temporary amendment shall be applicable in the Member State concerned from the date on which the decision approving the amendment was made public.

2. Where the geographical area covers more than one Member State, each of the Member States concerned shall apply the procedure for temporary amendments referred to in paragraph 1 separately.

3. Temporary amendments concerning products originating in third countries shall be communicated to the Commission, together with the reasons supporting them, by an applicant group having a legitimate interest, either directly or via the authorities of that third country, not later than 1 month following their approval.

4. The communication of an approved temporary amendment to the Commission shall be considered to be duly made when it complies with Article 10b of Implementing Regulation (EU) No 668/2014.

5. The Commission shall make public the communication of temporary amendments via the digital systems referred to in Article 12(1), first subparagraph, point (a), of Implementing Regulation (EU) No 668/2014 within 3 months from the date on which it has received the communication of a temporary amendment. A temporary amendment shall be applicable in the territory of the Union from the date on which it was made public by the Commission.

The national authority referred to in paragraphs 1 and 3 or the applicant group referred to in paragraph 3 that communicated a temporary amendment to the Commission shall remain responsible for its content.

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Article 7

Cancellation

1. The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall apply mutatis mutandis to the cancellation of a registration as referred to in the first and second subparagraphs of Article 54(1) of that Regulation.

2. Member States shall be allowed to submit a request for cancellation on their own initiative pursuant to the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.

3. The request for cancellation shall be made public pursuant to the second paragraph of Article 50(1) of Regulation (EU) No 1151/2012.

4. Reasoned statements of opposition as regards cancellation shall be admissible only if they show continued commercial reliance by an interested person on the registered name.

Article 8

Transitional rules

1. In respect of protected designations of origin and protected geographical indications registered prior to 31 March 2006, the Commission shall, at the request of a Member State, publish a single document submitted by that Member State in the Official Journal of the European Union . That publication shall be accompanied by the reference of publication of the product specification.

2. Until 3 January 2016 the following rules shall apply: (a) for products originating in the Union, where the registered name is used on the labelling, it shall be accompanied either by the relevant Union symbol or by the relevant indication referred to in Article 12(3) or Article 23(3) of Regulation (EU) No 1151/2012; (b) for products which are produced outside the Union, the indication referred to in Article 23(3) of Regulation (EU) No 1151/2012 shall be optional on the labelling of traditional specialities guaranteed.

Article 9

Repeal

Regulations (EC) No 1898/2006 and (EC) No 1216/2007 are repealed.

Article 10

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 5 shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.









ANNEX

Union symbol for ‘Protected designation of origin’

Union symbol for ‘Protected geographical indication’

Union symbol for ‘Traditional speciality guaranteed’