1993R2037 — EN — 19.12.2004 — 002.002

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:





Corrected by:









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COMMISSION REGULATION (EEC) No 2037/93

of 27 July 1993

laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs







THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to 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 ( 1 ), and in particular Article 16 thereof, Whereas the conditions should be laid down in which a natural or legal person may apply exceptionally for registration; Whereas, in order to take account of the various legal situations in the Member States, a statement of objection within the meaning of Article 7 of Regulation (EEC) No 2081/92 presented by a group of individuals linked by a common interest may be admissible; Whereas, in order to ensure that Regulation (EEC) No 2081/92 is uniformly applied, precise deadlines should be set concerning objections, which would apply when the registration procedure is initiated; Whereas, with a view to defining the cases referred to in Article 3 (1) of Regulation (EEC) No 2081/92 and the situations likely to mislead consumers in Member States within the meaning of Regulation (EEC) No 2081/92, the Commission may take appropriate action; Whereas these arrangements constitute a new Community system designed to protect designations of origin and geographical indications entailing distinctive new indications; whereas it is essential to explain their meaning to the public, without thereby removing the need for producers and/or processors to promote their respective products; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee on Geographical indications and Designations of Origin, HAS ADOPTED THIS REGULATION:







Article 1

1. Applications for registration pursuant to Article 5 of Regulation (EEC) No 2081/92, may be submitted by a natural or legal person not complying with the definition laid down in the second subparagraph of paragraph 1 of that Article in exceptional, duly substantiated cases where the person concerned is the only producer in the geographical area defined at the time the application is submitted.

The application may be accepted only where:

(a) the said single person engages in authentic and unvarying local methods; and

(b) the geographical area defined possesses characteristics which differ appreciably from those of neighbouring areas and/or the characteristics of the product are different.

2. In the case referred to in paragraph 1, the single natural or legal person who has submitted the application for registration shall be deemed to constitute a group within the meaning of Article 5 of Regulation (EEC) No 2081/92.

Article 2

Where national law treats a group of individuals without legal personality as a legal person, the said group of individuals shall be authorized to submit an application within the meaning of Article 1 of this Regulation, to consult the application within the meaning and subject to the conditions of Article 7 (2) of Regulation (EEC) No 2081/92 and to lodge an objection within the meaning and subject to the conditions of Article 7 (3) of that Regulation.

Article 3

For the purposes of applying the deadline referred to in Article 7 (1) of Regulation (EEC) No 2081/92, account shall be taken of:

— either the date of dispatch of the statement of the objection by the Member State, the postmark being accepted as the date of dispatch, or

— the date of receipt where the statement of the objection by the Member State is delivered to the Commission directly or by telex or fax.

Article 4

The Commission may take all appropriate action in order to define the cases where a designation has become generic within the meaning of Article 3 (1) of Regulation (EEC) No 2081/92, as well as the situations likely to mislead consumers and in respect of which a decision has been taken in accordance with Article 15 of that Regulation.

Article 5

For a period of five years after the date of entry into force of this Regulation, the Commission shall take the necessary steps to inform the public of the meaning of the indications ‘PDO’, ‘PGI’, ‘protected designation of origin’ and ‘protected geographical indication’ in the Community languages. Such steps shall not take the form of aid to producers and/or processors.

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The five-year time limit provided for in the preceding paragraph is hereby extended by four years. The information measures implemented shall be evaluated.

Article 5a

1. The names registered as protected designations of origin (PDOs) or protected geographical indications (PGIs) may be accompanied by a Community symbol to be determined in accordance with the procedure laid down in Article 15 of Regulation (EEC) No 2081/92.

2. The Community symbol may appear only on products which comply with Regulation (EEC) No 2081/92.

3. ‘PDO’, ‘PGI’, ‘protected designation of origin’, ‘protected geographical indication’ and the equivalent national traditional expressions may be used without the Community symbol.

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Article 5b

The Community symbol referred to in Article 5a shall comprise the models in Annex I part A of this Regulation. The indications that can be used with the symbol are those listed in Annex I part B to this Regulation, as well as the equivalent traditional national terms.

To use the Community symbol and the indications, the technical reproduction rules laid down in the graphics manual in Annex II to this Regulation must be complied with.

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Article 6

The period of three months referred to in Article 7 (5) of Regulation (EEC) No 2081/92 shall commence on the date of dispatch of the Commission's invitation to the Member States to reach agreement among themselves.

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Article 6a

A Member State may stipulate that the name of the inspection authority or body referred to in Article 10 of Regulation (EEC) No 2081/92 falling-within its own inspection structure must appear on the label of the agricultural product or foodstuff.

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Article 7

This Regulation shall enter into force on 26 July 1993.

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

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ANNEX I

Part A.1

Español

Čeština

Dansk

Deutsch

Eesti keel

Ελληνικά

English

Français

Italiano

Latviešu valoda

Lietuvių kalba

Magyar

Malti

Nederlands

Polski

Português

Slovenčina

Slovenščina

Suomi

Svenska

Part A.2

Español

Čeština

Dansk

Deutsch

Eesti keel

Ελληνικά

English

Français

Italiano

Latviešu valoda

Lietuvių kalba

Magyar

Malti

Nederlands

Polski

Português

Slovenčina

Slovenščina

Suomi

Svenska

Part B







EC languages Abbreviations Terms ES DOP/IGP denominación de origen protegida indicación geográfica protegida CS CHOP/CHZO chráněné označení původu chráněné zeměpisné označení DA BOB/BGB beskyttet oprindelsesbetegnelse beskyttet geografisk betegnelse DE g.U./g.g.A. geschützte Ursprungsbezeichnung geschützte geographische Angabe ET KPN/KGT kaitstud päritolunimetus kaitstud geograafiline tähis EL ΠΟΠ/ ΠΓΕ προστατευόμενη oνομασία προελεύσεως προστατευόμενη γεωγραφική ένδειξη EN PDO/PGI protected designation of origin protected geographical indication FR AOP/IGP appellation d’origine protégée indication géographique protégée IT DOP/IGP denominazione d’origine protetta indicazione geografica protetta LV ACVN/AĢIN aizsargāts cilmes vietas nosaukums aizsargāta ģeogrāfiskās izcelsmes norāde LT SKVN/SGN saugoma kilmės vietos nuoroda saugoma geografinė nuoroda HU OEM/OFJ oltalom alatt álló eredetmegjelölés oltalom alatt álló földrajzi jelzés MT DPO/IĠP denominazzjoni protetta ta’ oriġini indikazzjoni ġeografika protetta NL BOB/BGA beschermde oorsprongsbenaming beschermde geografische aanduiding PL CHNP/CHOG chroniona nazwa pochodzenia chronione oznaczenie geograficzne PT DOP/IGP denominação de origem protegida indicação geográfica protegida SK CHOP/CHZO chránené označenie pôvodu chránené zemepisné označenie SL ZOP/ZGO zaščitena označba porekla zaščitena geografska označba FI SAN/SMM suojattu alkuperänimitys suojattu maantieteellinen merkintä SV SUB/SGB skyddad ursprungsbeteckning skyddad geografisk beteckning

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ANNEX II

GRAPHIC MANUAL

CONTENTS Introduction The reason for having a logo General use of PDO/PGI logos 2.1. Reference colours 2.2. Single-colour logos 2.3. Contrast with background colours 2.4. Typography 2.5. Language 2.6. Reduction sizes 2.7. Placement of the logo on packaging and labels Specific use 3.1. In the media 3.2. Other uses Original bromides 4.1. Two-colours selection 4.2. Outlines 4.3. Single-colour positive selection 4.4. Single-colour negative selection 4.5. Colour samples sheets (yellow und blue)

1. INTRODUCTION

THE REASON FOR HAVING A LOGO?

The logo will allow producers of food products to increase awareness of their products among consumers in the European Union. It is applied on products whose name has been registered in the context of a Community system to protect and enhance geographical designations, established by Regulation (EEC) No 2081/92.

In order to be registered under this Regulation, a designation must meet the criteria for a Protected Designation of Origin (PDO) or Protected Geographical Indication (PGI). Above all there must be a link between the product and the geographical area where it is produced. There categories, are differentiated only by the nature of the link, the protection afforded by the Regulation being identical for both.

The Community register links the geographical name to a particular set of specifications. Controls organised by Member States ensure the protection of the consumer by guaranteeing respect for the designation of origin and the specifications.

There is already a Community logo which guarantees the traditional specific character of certain products independently of their place of production; the new logo has been created on this model. Furthermore, the design is for the two classifications (PDO and PGI). This allows a synergy between the different graphic representations of the European systems and avoids a proliferation of symbols in the market place.

The presence of this logo is a genuine guarantee for all European consumers, making it clear that the special nature of this product lies in its geographical origin. Because of this, products will inspire more confidence.

As producers, the logo provides you which a marketing tool. You will be able to put the logo on the labels or packaging of your products, and also use it in your advertising.

This graphic manual is meant to act as a guide for you in reproducing the logo. Different possibilities for using it have been worked out, allowing you to make your choice depending on your requirements for printed material.

These graphics are based on the logo for Guaranteed Traditional Speciality but differ from it in the blue colour of the pointed peaks and in the inner area of the logo.

A graphical representation of furrows in a ploughed field has been incorporated as a reference to the origin and geographical provenance of the products identified by these logos.

2. GENERAL USE OF PDO / PGI LOGOS

2.1. REFERENCE COLOURS

When used on packaging and labels, these logos should appear in colour, using either direct colours (Pantone) or a four-colour process.

2.2. SINGLE-COLOUR LOGOS

If the printing colours on the packaging or labelling of some products are totally different from the reference colours of the logos, there are two suitable approaches:

Logo in positive

If the background colour of the packaging or label is light, use the logo in positive format, using the darkest print colour on the packaging or label.

Logo in negative

If the background colour of the packaging or label is dark, use the logo in negative format, using the background colour of the packaging or label.

2.3. CONTRAST WITH BACKGROUND COLOURS

If the logo is used in colour on coloured backgrounds which make it difficult to read, use a delimiting outer circle around the logo to improve its contrast with the background colours.

2.4. TYPOGRAPHY

Use Times Roman capitals for the wording. If using only the wording, reduce the letter size according to the norms set down in section 2.6.

2.5. LANGUAGE

You are free to use the language version or versions of your choice according to need.

2.6. REDUCTION SIZES

On packaging

If the application of the logos on different types of packaging and labels makes reduction necessary, the stipulated minimum size is 15 mm in diameter.

In the print media

(Press, leaflets, etc.)

For this particular use the stipulated minimum size is 25 mm in diameter.

2.7. PLACEMENT OF THE LOGO ON PACKAGING AND LABELS

The use of the PDO and PGI logos serves to confer a specific value on the products on which they are used, and to make them stand out from others. The most effective application of the logos is therefore in colour, since they will thus have greater presence and be recognised more easily and quickly by the consumer.

The use of the PDO and PGI logos using a single colour or in negative is only recommended in cases where technical difficulties make their application in colour impossible.

3. SPECIFIC USE

3.1. IN THE MEDIA

For advertising purposes (press campaigns, magazines, posters, TV, audio-visual media, direct marketing etc.) the logos must appear in colour.

3.2. OTHER USES

When the logos are used in other settings, such as on vehicles or in shop windows, etc., the guidelines for the use of colour set out above should be followed as far as possible.

4. ORIGINAL BROMIDES

4.1. TWO-COLOUR SELECTION

4.2. OUTLINES

4.3. SINGLE-COLOUR POSITIVE SELECTION

4.4. SINGLE-COLOUR NEGATIVE SELECTION

4.5. COLOUR SAMPLE SHEETS

PANTONE 109