EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 5.1.2006 
COM(2005) 698 final/2 
2005/0275 (CNS)   
CORRIGENDUM: Annule et remplace le document COM(2005) 698 final du 23.12.2005 
pour raison technique. Cette correction concer ne seulement les vers ions linguistiques 
suivantes: EN, FR et DE. 
Proposal for a 
COUNCIL REGULATION 
on the protection of geographical indica tions and designations of origin  
for agricultural products and foodstuffs 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. As of 24 July 1993 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 instituted a volunt ary Community system  of protection on 
Community territory for geographical indica tions and designations of origin. This 
voluntary system gives inte rested producers the possibi lity of protecting certain 
names by registering them. The protection provided by the system consists in 
reserving the use of these designations of origin and geographical indications for 
agricultural products an d foodstuffs which have been produced and/or processed in 
the regions or places designated by these names, subject to specific conditions 
concerning their production/processing/pr eparation laid down by the producers. 
2. The desire of operators to protect agricu ltural products and foodstuffs identifiable by 
their geographic origin had led some Me mber States to develop “registered 
designations of origin”. Th e objective of the Community scheme was to harmonise 
the disparate national approaches to food products other than wines and spirits — 
covered by other Community rules — thus assuring operators of fair competition, strong and effective protection against misu se and imitation of the names concerned 
and ultimately giving greater credibility to  the products qualifying for a designation 
of origin or a geographical indication.  
3. Since 1993, more than 700 names, designating inter alia  over 150 cheeses, 160 meat 
and meat-based products, 150 fresh or processe d fruits or vegetables and 80 types of 
olive oil, have been registered in this context. The Commission has also received 
over 300 further applications for the regi stration of names and/or amendments to 
specifications from Member States and thir d countries. These fact s show that this 
voluntary scheme has been clearly welcomed  in the Community. The definition of a 
common Community symbol has also help ed consumers to start recognising the 
Community protection scheme concerned. 
4. The procedure for registering new names originating in the Community comprises 
two stages. The first is carried out at nati onal level by the author ities of the Member 
State where the geographical area concer ned is located; the second, which is 
conducted at Community level by the Commi ssion, involves an examination of the 
application in order to check that it meet s the conditions laid down in the Regulation 
and an objection procedure under which, followi ng publication of the main details of 
the application, any operator may object to  the registration on th e basis of specific 
criteria. Experience acquired in performing this procedure shows, on the one hand, 
that it can lead to an over lap of the work carried out by the Member States and the 
Commission; on the other hand, those two stag es can entail the complex examination 
of sometimes very voluminous files, the st ructure and content of  which of course 
vary widely from one application to another. Moreover, those two stages can entail the complex examination of sometimes ve ry voluminous files, the structure and 
content of which of course vary widely fr om one application to another. In these 
circumstances, the procedures  should be streamlined a nd the responsib ilities of the 
different authorities involved in examining applications should be clarified in order 
to enhance the transparency of applica tions and the equality of treatment among 
applicants. 
5. In addition, following the lodging of complaints WT/D S174 and WT/DS290 with the 
World Trade Organisation (WTO) by the Un ited States and Australia respectively, 
 
EN 3   EN the WTO Dispute Settlement Body (DSB) adopted on 20 April 2005 the Panel 
Reports on the European Communities - Protection of trademarks and geographical indications for agricultural  products and foodstuffs. Thos e Reports conclude that 
Regulation (EEC) No 2081/92 is incompatib le with Article 3:1 of the TRIPS 
Agreement and with Article III:4 of GAT T 1947. The DSB based this finding on the 
reciprocity and equivalence condi tions set out in  Articles 12 et seq . of Regulation 
(EEC) No 2081/92, on the fact that the proced ures for requesting registration and for 
objecting which apply to third countries require the involvement (examination and 
transmission) of third country governments,  and on the existence of instructions 
requiring third-country governme nts to participate in checks.  It is necessary to bring 
that Regulation into lin e with the TRIPS Agreement and GATT 1994 by the 
deadlines agreed with th e other parties concerned. 
6. A first amendment priority lies in defini ng more clearly the key information to be 
officially published prior to registrati on in order to permit, on the one hand, any 
operator to exercise his or her right of objection and, on the other, the authorities 
responsible for checking to guarantee ex officio protection for the names registered in 
each Member State. This information, which is contained in a single document, covers inter alia the actual name, a description of the product for verification, 
labelling and presentation purposes (inclu ding, in this respect, any packaging 
restrictions outside the area of  origin and the justification for such restrictions), and 
proof of the link between the product and its geographical orig in. A standardised, 
comprehensive presentation of those elements will make it possible to ensure greater homogeneity and equal treatment for applic ations, while guarant eeing that all the 
elements which are to be made fully tran sparent to operators located outside the 
defined area are mentioned. 
7. A second amendment priority lies in defi ning more clearly the distribution of 
responsibilities between  the Member States and the Co mmission in this area. For any 
application covering a specific Community ar ea, the Member State is in fact obliged 
to ensure that the application meets the conditions of the Regulation. The existence 
of a subsequent examination by the Co mmission could not exempt the Member 
States from fulfilling their obligations in th is connection. It should be specified that 
this responsibility includes the need to make public any plan by a Member State to 
transmit to the Commission a request which satisfies the conditions of the Regulation, so that any ope rators established on the territory of that State may 
exercise a right of objection which, accordin g to the case law on the subject (order of 
26 October 2000 delivered by the Court in Case C-447/98 Molkerei Grossbraunshain 
and Bene Nahrungsmittel v Commission ), they may not exercise at Community level. 
8. The Commission's responsibilities consist in  verifying by appropriate means that the 
conditions of this Regulation are satisfied before decidi ng whether or not to publish 
the elements mentioned above and, follo wing the objection procedure, deciding 
whether or not to take a decisi on on whether to register or  reject the application. If 
the information sent to the Commission within the “single document” appears to be insufficient, the Commission is entitled to  ask the Member State to communicate any 
relevant complementary information, in cluding a copy of the specifications. 
9. Names corresponding to geographical areas in third countries have access to the 
Community scheme for the protection of geographical indications for agricultural 
products and foodstuffs. However, in acco rdance with Article 24:9 of the TRIPS 
Agreement, the Community scheme is open only to third-c ountry geographical 
 
EN 4   EN indications which are protected in their country of origin. In order to bring 
Community legislation into line, it is neces sary to revoke the existing provisions in 
Regulation (EC) No 2081/ 92 on equivalence and reciprocity, as well as the 
provisions requiring action on the part of thir d-country governments. However, 
certain operators established in thir d countries and cert ain governments may 
voluntarily wish applications and/or object ions to be transmitted to the Community 
through the agency of the relevant third-c ountry authorities: this option should be 
mentioned for the benefit of third countries which might wi sh to use it on a voluntary 
basis. 
10. Procedures can also be streamlined a nd rationalised, particularly as regards 
amendments to specifications, at the end of the objection procedure or after registration, and as regards cancellations and other possible measures in the event of 
a failure to respect the specifications. Fo r reasons of simplification, account should 
also be taken of the Council Decision of  28 June 1999 laying down the procedures 
for the exercise of implementing powers conferred on the Commission as regards the 
registration, amendment or rejection of specific names:  since this involves non-
general measures implementing the comm on agricultural polic y, recourse to a 
management procedure is justified. 
11. It would also be desirable to enhance the credibility of the system. Firstly, by 
reinforcing the provisions on controls and including them  clearly in the general 
framework established by Regulation (EC) No 882/2004 of the European Parliament 
and of the Council of 29 April 2004 on offici al controls performed to ensure the 
verification of compliance with  feed and food law, animal health and animal welfare 
rules, it will be possible to  reinforce application of the ex officio  protection provided 
for in Article 13 of Regulation (EEC) No  2081/92. Respect for specifications by 
operators is also subject to control provisions, among which one amendment is aimed 
at compulsory accreditation for private control bodies. Such compulsory accreditation makes it possible to avoid any obligation on governments to appoint control bodies, while maintaini ng total equality of treatment  between operators in the 
Member States and operato rs in third countries. 
12. The requirement, in the case of Community  names, that the labelling of products 
marketed under a registered name indicate both the Community markings ("protected 
designation of origin"/"PDO" and "protected  geographical indicat ion"/"PGI") and the 
Community symbols associated with them al so helps reinforce the credibility of the 
system. 
13. Since the definition of "geographical indi cation" given in Artic le 22 of the TRIPS 
Agreement may in some respects appear broader than the existing definition in 
Article 2(2)(b) of Regulation (EEC) No 2081/92, this proposal is also aimed at 
bringing those definiti ons closer together. 
14. Broad consultations have taken place on th e main thrust of these amendments. In 
particular, the subject was discussed in June 2005 within the Advisory Group on the 
quality of agricultural products, com posed of representatives of producers, 
processors, traders, and consumer- and environmental-protec tion associations 
interested in questions relating to the quality of  agricultural products.  
15. The proposed measures have no impact on the general budget of the European 
Communities. 
 
EN 5   EN 2005/0275 (CNS) 
Proposal for a 
COUNCIL REGULATION 
on the protection of geographical indica tions and designations of origin  
for agricultural products and foodstuffs 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Article 
37 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of  the European Parliament, 
Whereas: (1) The production, manufacture and distribution of agricultural produc ts and foodstuffs 
play an important role in the Community economy. 
(2) The diversification of agricultural production should be encouraged so as to achieve a 
better balance between  supply and demand on the market s. The promotion of products 
having certain characteristics can be of cons iderable benefit to the rural economy, in 
particular in less-f avoured or remote areas, by impr oving the incomes of farmers and 
by retaining the rural pop ulation in these areas. 
(3) Some consumers tend to attach greater importa nce to the quality of foodstuffs in their 
diet rather than to quantity. This quest for specific products generates a demand for 
agricultural products or f oodstuffs with an identifia ble geographical origin. 
(4) In view of the wide variety of produc ts marketed and the abundance of product 
information provided, the consumer should, in order to be able  to make the best 
choices, be given clear and succinct in formation regarding the product origin. 
(5) The labelling of agricultural products and foodstu ffs is subject to the general rules laid 
down in Directive 2000/13/EC of the Eur opean Parliament and of the Council of 
20 March 2000 on the approximation of the laws  of the Member Stat es relating to the 
labelling, presentation and advertising of foodstuffs
1. In view of their specific nature, 
additional special provisions should be adopted for agricu ltural products and foodstuffs 
from a specified geographical area. The use of the indications and Community symbols 
concerned should also be made obligatory in the case of Commun ity designations, on 
the one hand, to make this category of produc ts and the guarantees attached to them 
better known to consumers and, on the other, to permit easier iden tification of these 
                                                 
1 OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, 
p. 15). 
 
EN 6   EN products on the market so as to facilitate ch ecks. A reasonable length of time should be 
allowed for operators to ad just to this obligation. 
(6) Provision should be made for a Community a pproach to designations of origin and 
geographical indications. A framework of Co mmunity rules on a system of protection 
permits the development of geographical indi cations and designations of origin since, 
by providing a more uniform approach, such a framework ensures fair competition between the producers of products beari ng such indications and enhances the 
credibility of the products in the consumer’s eyes.  
(7) The rules provided for should apply withou t interfering with existing Community 
legislation on wines and spirit drinks. 
(8) The scope of this Regulation is limited to certain agricultural products and foodstuffs 
for which a link exists between product or  foodstuff characteristics and geographical 
origin. However, its scope could be en larged to encompass other products or 
foodstuffs. 
(9) In the light of existing pract ices, two different types of geographical description should 
be defined, namely protected geographical indications and protec ted designations of 
origin. 
(10) An agricultural product or foodstuff bearin g such an indication should meet certain 
conditions set out in a specification. 
(11) To qualify for protection in the Member  States, geographica l indications and 
designations of origin must be registered at  Community level. Entry in a register also 
provides information to those involved in th e trade and to consumers. To ensure that 
Community-registered names meet the c onditions laid down by this Regulation, 
applications should be examined by the na tional authorities of  the Member State 
concerned, subject to compliance with minimum common provisi ons, including a 
national objection procedure, and the Commi ssion should subsequently be involved in 
a scrutiny procedure to ensure that applica tions satisfy the conditions of the Regulation 
and that the approach is unifo rm across the Member States. 
(12) The Agreement on Trade-Related Aspects of Intellectual Prope rty Rights (TRIPS 
Agreement 1994, contained in Annex 1C to the Agreement establishing the World Trade Organisation) contains detailed provisions on the ex istence, acquisition, scope, 
maintenance and enforcement of intellectual property rights. 
(13) The protection afforded by this Regulation, subject to registration, should be open to 
the geographical indications of third countries where th ese are protected in their 
country of origin. 
(14) The registration procedure should enable a ny natural or legal person individually and 
directly concerned in a Member  State or a third country to  exercise their rights by 
notifying the Commission of their objections. 
(15) There should be procedures to permit amendment of specif ications, after registration, 
in the light of technological progress and removal or withdr awal from the register of 
the geographical indication or designation of  origin for an agri cultural product or 
foodstuff, in particular if that product or foodstuff ceases to conform to the 
specification on the basis of which the geogra phical indication or designation of origin 
was granted. 
 
EN 7   EN (16) The designations of origin and geogra phical indications pr otected on Community 
territory must be subject to a credible monitoring system, based on a system of checks in line with Regulation (EC) No 882/2004 of  the European Parliament and of the 
Council of 29 April 2004 on offici al controls performed to ensure the verification of 
compliance with feed and food law, anim al health and animal welfare rules
2 and a 
system of checks to ensure that operators in a delimited geographic area comply with 
the specification before mark eting the agricultura l products and foodstuffs concerned. 
(17) The Member States should be authorised to levy an administrative charge to cover the 
administrative costs incurred. 
(18) The measures necessary for the implementation of this Regulation s hould be adopted in 
accordance with Council Decision 1999/468/ EC of 28 June 1999 laying down the 
procedures for the exercise of impl ementing powers conferred on the Commission3. 
(19) The names already registered under Regulati on (EEC) No 2081/92 on the date of entry 
into force of this Regulation should conti nue to be protected unde r this Regulation and 
automatically included in the register. Provi sion should also be made for transitional 
measures applicable to registration applic ations received by the Commission prior to 
the entry into force of this Regulation. 
(20) In the interests of clarity and transpar ency, Council Regulation (EEC) No 2081/92 of 
14 July 1992 on the protection of geographical indications and designations of origin 
for agricultural products and foodstuffs4 should be repealed and replaced by a new 
Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Scope  
1. This Regulation lays down rules on the protection of designations of origin and 
geographical indications for agricultural products intended for human consumption listed in Annex I to the Treaty and for f oodstuffs and agricultura l products listed in 
Annexes I and II respective ly to this Regulation. 
It shall not, however, apply to  wine-sector products, except wine vinegars, or to spirit 
drinks. This paragraph shall be without pr ejudice to the applic ation of Regulation 
(EC) No 1493/1999
5. 
Annexes I and II to this Regulation ma y be amended in accordance with the 
procedure referred to in Article 15(2). 
2. This Regulation shall apply without prejudice to other specific Community 
provisions.  
                                                 
2 OJ L 165, 30.4.2004, p. 1. Corrected version, OJ L 191, 28.5.2004, p. 1. 
3 OJ L 184, 17.7.1999, p. 23. 
4 OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 
16.5.2003, p. 1). 
5 OJ L 179, 14.7.1999, p. 1. 
 
EN 8   EN 3. Directive 98/33/EC of the Europ ean Parliament and of the Council6 shall not apply to 
the designations of origin and geographical  indications covere d by this Regulation. 
Article 2 
Designation of origin an d geographical indication  
1. For the purpose of this Regulation: 
(a) “designation of origin” means the na me of a region, a specific place or, in 
exceptional cases, a country, used to de scribe an agricultural product or a 
foodstuff 
– originating in that region , specific place or country, 
– the quality or characteristics of which are essentially or exclusively due to 
a particular geographical environment with its inherent natural and human 
factors, and 
– the production, processing and preparat ion of which take  place in the 
defined geographical area; 
(b) ”geographical indication" means an indication serving to identify an 
agricultural product or a foodstuff 
– as originating in a region , specific place or country, 
– which possesses a specific quality, re putation or other characteristic 
essentially attributable to that geographical origin, and 
– the production, processing or preparat ion of which take place in the 
defined geographical area. 
2. Traditional geographical or non-geogra phical names designating an agricultural 
product or a foodstuff originating in a regi on or a specific place which fulfil the 
conditions referred to in the s econd and third intents of pa ragraph 1(a) shall also be 
considered as designations of origin.  
3. Notwithstanding paragraph 1(a), certain geogr aphical designations shall be treated as 
designations of origin where the raw materials for the pr oducts concerned come from 
a geographical area larger than or different  from the processing area, provided that: 
(a) the production area of the raw materials is defined, 
(b) special conditions for the producti on of the raw materials exist, and 
(c) there are inspection arrangements to ensu re that the conditions referred to in 
point (b) are adhered to. 
The designations in question must have been  recognised as designa tions of origin in 
the country of origin before 1 May 2004. 
                                                 
6 OJ L 204, 21.7.1998, p. 37. 
 
EN 9   EN Article 3 
Generic nature, conflicts with names of plant varieties, animal breeds,  
homonyms and trademarks  
1. Names that have become ge neric cannot be registered. 
For the purposes of this Regulation, a “n ame that has become generic” means the 
name of an agricultural pr oduct or a foodstuff which, although it relates to the place 
or the region where this product or foods tuff was originally pr oduced or marketed, 
has become the common name of an agricultural product or a foodstuff in the Community. 
To establish whether or not a name has beco me generic, account sh all be taken of all 
factors, in particular: 
(a) the existing situation in the Member States and in areas of consumption; 
(b) the relevant nationa l or Community laws. 
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 va riety or an animal breed and as a result is 
likely to mislead the public as to the true origin of the product. 
3. A name wholly or partially homonymous with  that of a name already registered under 
this Regulation shall be registered with due  regard for local and traditional usage and 
the actual risk of c onfusion. In particular: 
(a) a homonymous name which misleads th e public into believing that products 
come from another territory shall not be re gistered even if the name is strictly 
accurate as far as the actual territory, regi on or place of origin of the agricultural 
products or foodstuffs in question is concerned; 
(b) the use of a registered homonymous na me shall be subject to there being a 
sufficient distinction in practice between  the homonym registered subsequently 
and the name already on the register, ha ving regard to the need to treat the 
producers concerned in an equitable ma nner and not to mislead consumers. 
4. A designation of origin or geographical in dication shall not be re gistered where, in 
the light of a trademark's reputation and renown and the length of time it has been 
used, registration is liable to mislead the consumer as to the true identity of the product. 
Article 4 
Product specification
 
1. To be eligible as a protected designation of origin (PDO) or a protected geographical 
indication (PGI), an agri cultural product or foodstuff shall comply with a 
specification. 
2. The product specification sh all include at least: 
(a) the name of the agricultural product or  foodstuff comprising the designation of 
origin or the geographical indication; 
 
EN 10   EN (b) a description of the agricultural product or foods tuff, including the raw 
materials, if appropriate , and principal physical, ch emical, microbiological and 
organoleptic characteristics of  the product or the foodstuff; 
(c) the definition of the geographical area and, where appropriate, details indicating 
compliance with the requirements of Article 2(3); 
(d) evidence that the agricultural product or  the foodstuff originates in the defined 
geographical area referred to in Articl e 2(1)(a) or (b), as the case may be; 
(e) a description of the me thod of obtaining the agricu ltural product or foodstuff 
and, if appropriate, the authentic and unvarying local met hods as well as 
information concerning packaging, if the applicant group within the meaning of Article 5(1) so determines and gives re asons why the packaging must take place 
in the defined geographical area to safeguard quality, ensure traceability or ensure control; 
(f) details bearing out the following: 
(i) the link between the quality or char acteristics of the agricultural product 
or foodstuff and the geographical  environment referred to in 
Article 2(1)(a) or, as the case may be, 
(ii) the link between a specific quality, th e reputation or other characteristic of 
the agricultural product or  foodstuff and the geog raphical origin referred 
to in Article 2(1)(b); 
(g) the name and address of the inspect ion bodies referred to in Article 11; 
(h) any specific labelling rule for the agri cultural product or foodstuff in question; 
(i) any requirements laid down by Co mmunity or national provisions. 
Article 5 
Application for registration
 
1. Only groups shall be entitled to apply for registration. 
For the purposes of this Regulation, “group” means any association, irrespective of its 
legal form or composition, of producers or processors working with the same 
agricultural product or foodstu ff. Other interested partie s may participate in the 
group. A natural or legal person may be trea ted as a group in accordance with the 
detailed rules referred to in Article 16(c).  
In the case of a name designating a trans-bo rder geographical area or a traditional 
name connected to a trans-border geographi cal area, several groups may lodge a joint 
application in accordance with the detail ed rules referred to in Article 16(d).  
2. A group may lodge a registration applicati on only for the agricultural products or 
foodstuffs which it produces or obtains.  
3. The application for re gistration shall include: 
(a) the name of the applicant group; 
 
EN 11   EN (b) the specification provided for in Article 4; 
(c) a single document setting out the following: 
(i) the main points of the specification: the name, a succinct description of 
the product, including specific rules concerning packaging and labelling, and a brief definition of  the geographical area; 
(ii) a concise descriptio n of the link between the product and the geographical 
environment or geographical origin referre d to in Article 2( 1)(a) or (b), as 
the case may be, including, where appropriate, the specific elements of 
the product description or produc tion method justifying the link. 
4. Where the registration application relates to a geographical area in a given Member 
State, the application shall be addressed to that Member State. 
The Member State shall scrutinize the appl ication by appropriate means to check that 
it is justified and meets the conditions of this Regulation. 
5. As part of the scrutiny referred to in para graph 4, the Member State shall initiate an 
objection procedure at national level, ensuri ng adequate publication of the application 
allowing a reasonable period w ithin which any person having a legitimate interest and 
established or resident on its territory may declare their objection to the application. 
The Member State shall consider the admissibi lity of objections received in the light 
of the criteria referred to in th e first subparagraph of Article 7(3). 
If the requirements of this Regulation ar e met, the Member State shall adopt a 
national recognition decision. If not, the Me mber State shall decide to reject the 
application. 
The Member State shall ensure that the na tional recognition is publicised and that any 
person directly and individually concerned has means of appeal. 
The Member State shall publish the version of the specification on which the national 
recognition decision is based, and assure  electronic access to  this publication. 
6. The Member State may, on a transitional basis only, grant protection under this 
Regulation at national level to the name, and, where appropriate, an adjustment 
period, with effect from the date on whic h the application is lodged with the 
Commission. 
The adjustment period provided for in the first subparagraph may be granted only on 
condition that the undertakings concerned have legally marketed the products in 
question, using the names concerned continuously  for at least the past five years and 
have made that point in the national obj ection procedure referred to in the first 
subparagraph of paragraph 5. 
Such transitional national protection shall cease on the date on which a decision on 
registration under this Regulation is taken. 
The consequences of such transitional national protection, where a name is not 
registered under this Regulat ion, shall be the sole respons ibility of the Member State 
concerned. 
 
EN 12   EN The measures taken by Member States under the first subparagraph shall produce 
effects at national level only; they shall have no effect on intra-Community trade. 
7. In respect of any national recognition decisi on as referred to in the third subparagraph 
of paragraph 5, the Member State concer ned shall forward to the Commission: 
(a) the name of the applicant group; (b) the single document referred to in paragraph 3(c); (c) a declaration by the Member State that  the application lodged by the group and 
qualifying for the national recognition deci sion meets the conditions of this 
Regulation and the provisions a dopted for its implementation, 
(d) the publication reference of the specification referred to in the fifth 
subparagraph of paragraph 5. 
8. Member States shall introduce the laws, regulations and administrative provisions 
necessary to comply with paragraphs 4 to 7. 
9. Where the registration application concerns  a geographical area situated in a third 
country, it shall comprise the elements provided for in paragraph 3 and also proof that the name in question is protec ted in its country of origin. 
The application shall be sent  to the Commission, either di rectly or via the competent 
authorities of the th ird country concerned. 
10. The documents referred to in this Article sent to the Commission shall be in one of 
the official Community languages or accompan ied by a certified translation into one 
of those languages. 
Article 6 
Scrutiny by the Commission
 
1. The Commission shall scrutini ze the application in an appropriate manner to check 
that it is justified and meets th e conditions of this Regulation. 
The Commission shall make public the lis t of names for which registration 
applications have been submitted to it, as well as their date of submission to the Commission. 
2. Where the conditions laid down in this Regul ation appear to be met, the Commission 
shall publish in the Official Journal of the European Union  the single document and 
the reference to the publication of the specification referred to in the fifth 
subparagraph of Article 5(5). 
Where that is not the case, the Commission shall decide, under the procedure referred 
to in Article 15(3) to reject  the registration application.  
 
EN 13   EN Article 7 
Objection/decision on registration  
1. Within four months from the date of publication in the Official Journal of the 
European Union provided for in the fi rst subparagraph of Article 6(2), any Member 
State or third country may object to the registration proposed, by sending a duly 
substantiated statement to the Commission. 
2. Any natural or legal person directly a nd individually concerned, established or 
resident in a Member State other than that  applying for the registration or in a third 
country, may also object to the proposed re gistration by lodging a duly substantiated 
statement. 
In the case of natural or legal persons establ ished or resident in a Member State, such 
statement shall be sent to the competent au thority of that Member State within a time 
limit permitting an objection in  accordance with paragraph 1. 
In the case of natural or legal persons reside nt in a third country, such statements shall 
be sent to the Commission, either directly  or via the competent authorities of the 
country concerned, within the time limit set in paragraph 1. 
3. Statements of objection shall be admi ssible only if they are received by the 
Commission within the time limit set in paragraph 1 and if they:  
(a) either demonstrate non-compliance with the conditions referred to in Article 2, 
(b) or demonstrate that the registration of the name propos ed would be contrary to 
paragraphs 2 to 4 of Article 3;  
(c) or give details from which it can be concluded that the name for which 
registration is requested is generic within the meaning of Article 3(1). 
The Commission shall check the admissibility of objections. 
The criteria referred to in points (b) and (c) of the firs t subparagraph must be proven 
and evaluated in relation to th e territory of the Community. 
4. Where the Commission receives no admi ssible objection under paragraph 3 within 
the time limit set in paragraph 1, it shall register the name. 
The registration shall be published in the Official Journal of  the European Union . 
5. Where an objection is admissible under paragraph 3, the Commissi on shall invite the 
interested parties to undertak e appropriate consultations. 
If an agreement is reached be tween the interested parties within six months, they shall 
notify the Commission of all the factors th at have made the agreement possible, 
including the applicant’s and the objector’s  opinions. If the details published in 
accordance with Article 6(2) have not been amended or have been amended in only a 
minor way, to be defined in accordance with Article 16(h), the Commission shall 
proceed in accordance with paragraph 4. If not, it shall undertake a fresh examination 
under Article 6(1). 
 
EN 14   EN If no agreement is reached, the Commission sh all take a decision in accordance with 
the procedure laid down in Article 15(3), ha ving regard to fair a nd traditional usages 
applied and of the actual lik elihood of confusion. The de cision shall be published in 
the Official Journal of  the European Union .  
6. The Commission shall maintain  updated a register of prot ected designations of origin 
and protected geographical indications. 
7. The documents referred to in this Article sent to the Commission shall be in one of 
the official Community languages or accompan ied by a certified translation into one 
of those languages. 
Article 8 
Names, markings and symbols  
A name registered under this Regulation may be used by any operator marketing agricultural 
product or foodstuffs conforming to the corresponding specification 
In the case of the agricultural products and fo odstuffs originating in the Community marketed 
under a name registered in accordance with th is Regulation, the indications “protected 
designation of origin” and “protected geogr aphical indication” or their respective 
abbreviations (“PDO” and “PGI”) and the Comm unity symbols associated with them must 
appear on the labelling.  
In the case of agricultural pr oducts and foodstuffs originating in third countries marketed 
under a name registered in accordance with this Regulation the indications referred to in the 
second subparagraph and the associated Comm unity symbols may equally appear on the 
labelling. 
Article 9 
Approval of changes to specifications  
1. The original applicant gr oup or, if this group cannot act , another group satisfying the 
conditions of Article 5(2), may apply for approval of an amendment to a 
specification, in particular to take account of developments in scientific and technical 
knowledge or to redefine the geographical  area referred to in Article 4(2)(c). 
Applications shall describe and give reasons for the amendments requested. 
2. Where the amendment involves one or more amendments to the single document, the 
amendment application shall be covered by the procedure laid down in Articles 5 
to 7. However, if the proposed amendments are only minor, the Commission shall decide whether to approve the application without following the procedure laid down in Article 6(2) and Article 7. 
3. Where the amendment does not involve an y change to the single document, the 
following rules shall apply: 
 
EN 15   EN (i) where the geographical area is in a gi ven Member State, that Member State 
shall express its position on the approva l of the amendment and, if it is in 
favour, shall publish the amended specifi cation and inform the Commission of 
the amendments approved and the reasons for them; 
(ii) where the geographical area is in  a third country, the Commission shall 
determine whether to approve the proposed amendment. 
Article 10 
System of controls  
1. The Member States shall ensure that the system of controls laid down in Regulation 
(EC) No 882/2004 applies to operato rs governed by this Regulation. 
2. Member States shall include operators s ubject to this Regulation in their national 
multi-annual national control plans provi ded for in Articles 41, 42 and 43 of 
Regulation (EC) No 882/2004 and in their an nual reports under Article 44 of that 
Regulation. 
3. In accordance with Article 4 of Regulation (EC) No 882/2004 the Member States 
shall designate a competent central body sp ecifically responsible for implementing 
the control system relating to this Regulation. 
Article 11 
Controls of operator complian ce with product specifications  
1. For the purposes of checking, prior to marketing, compliance with the relevant 
specifications on the part of the operator s concerned in the geographical area, the 
competent authority referred to in Article 10(3) may designate one or more official 
inspection bodies or else delegate the check s to one or more private inspection bodies. 
In accordance with Article 4(2 )(g), the specification for e ach name shall identify one 
or more inspection bodies for the agricultu ral products or foodstuffs in question. 
In the case of names referring to a geogr aphical area in a third country, the 
specification shall identify one or more pub lic or private bodies which will undertake 
the checks referred to in the first subparagraph. 
2. The private inspection bodies referred to in paragraph 1 shall be accredited under the 
EN 45011 standard or an equivalent standard. 
3. The public or private inspect ion bodies referred to in paragraph 1 must have the 
powers to enforce compliance with this Re gulation, including, where appropriate, the 
power to impose penalties, if  they find that an agricu ltural product or foodstuff 
bearing a protected name for which they  are responsible does not meet the 
requirements of the specification. 
4. Each Member State shall notify the Comm ission of the name and address of the 
competent authority referred to in Article 10(3), the name and address of whichever 
official inspection services are designate d and the name and address of delegated 
private inspection bodies as re ferred to in the first subpa ragraph of paragraph 1, their 
respective tasks and any cha nges to this information. 
 
EN 16   EN In the case of names referring to a geogr aphical area in a third country, the group 
shall send the Commission, either direct or via the authorities of the country 
concerned, the information liste d in the first subparagraph. 
The Commission shall make public the informa tion referred to in the first and second 
subparagraphs and upda te it periodically. 
5. Member States shall adopt appropriate meas ures to ensure that an operator complying 
with this Regulation can be  inspected by the bodies referred to in this Article. 
6. The costs of the controls referred to in this Article shall be borne by the operators 
subject to those controls. 
Article 12 
Cancellation  
1. Where the Commission takes the view that  compliance with the conditions of the 
specification for an agricultural product or  foodstuff covered by a protected name is 
no longer ensured, it shall initiate the procedure referred to in Article 15(3) for the cancellation of the registration, which shall be published in the Official Journal of the 
European Union . 
2. The original applicant gr oup or, if this group cannot act , another group satisfying the 
conditions of Article 5(2), may request cance llation of the registration, giving reasons 
for the request. 
The procedure provided for in Articles 5, 6 and 7 shall apply mutatis mutandis.  
Article 13 
Protection
 
1. Registered names shall be protected against: 
(a) any direct or indirect  commercial use of a registered name in respect of 
products not covered by the registrati on insofar as those products are 
comparable to the products registered unde r that name or insofar as using the 
name exploits the reputati on of the protected name; 
(b) any misuse, imitation or evocation, even  if the true origin of the product is 
indicated or if the protected name is translated or accompanied by an expression 
such as “style”, “type”, “method”, “as produced 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 or  outer packaging, advertising 
material or documents relating to the pr oduct concerned, and the packing of the 
product in a container liable to convey  a false impression as to its origin; 
(d) any other practice liable to mislead th e public as to the true origin of the 
product. 
 
EN 17   EN Where a registered name cont ains within it the name of  an agricultural product or 
foodstuff which is considered generic, the us e of that generic name on the appropriate 
agricultural product or foodstuff sh all not be considered to be contrary to (a) or (b) in 
the first subparagraph. 
2. Protected names may not become generic. 3. In the case of names for which registrati on is applied for under Article 5, provision 
may be made for a transitional period of up to five years under Artic le 7(5)(b), solely 
where a statement of objection has been  declared admissible on the grounds that 
registration of the proposed name would je opardise the existence of an entirely or 
partly identical name or the existence of  products which have been legally on the 
market for at least five years preceding th e date of the publication provided for in 
Article 6(2). 
A transitional period may also be set for undertakings established in the Member 
State or third country in wh ich the geographical area is  located, provided that the 
undertakings concerned have legally market ed the products in question, using the 
names concerned continuously for at leas t five years preceding the date of the 
publication referred to in Article 6(2) a nd have noted that point in the national 
objection procedure referred to  in the first and second s ubparagraphs of paragraph 5 
or the Community objection procedure referred to in Article 7(2). The combined total 
of the transitional period referred to in th is subparagraph and the adjustment period 
referred to in Article 6 cannot exceed five years. 
4. Without prejudice to the a pplication of Article 14, th e Commission may decide to 
allow, under the procedure provided for in Article 15(3), the coexistence of a 
registered name and an unregistered name de signating a place in a Member State or in 
a third country where that name is identical to the registered name, provided that all 
the following conditions are met: 
(a) the identical unregistered name has been in legal use consistently and equitably 
for at least 25 years prior to 24 July 1993; 
(b) it is shown that the purpos e of its use has not at any time been to profit from the 
reputation of the registered name and that  the public has not been nor could be 
misled as to the true origin of the product; 
(c) 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 ye ars, 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 indicated on the label. 
 
EN 18   EN Article 14 
Relations between trademarks  and geographical indications  
1. Where a designation of origin or a geograp hical indication is re gistered under this 
Regulation or has been registered  under Regulation (EEC) No 2081/92, the 
application for registration of a trademar k corresponding to one of the situations 
referred to in Article 13 and relating to th e same type of product shall be refused if 
the application for registration of the trademark is submitted: 
(a) in the case of designations of origin  and geographical indications registered 
under Article 17 of Regulation (EEC) No 2081/92, after the date of registration; 
(b) in the case of other designations of origin and geogr aphical indications 
registered under this Regulat ion, after the date of subm ission of the registration 
application to the Commission. 
Trademarks registered in breach of the first subparagraph shall be invalidated. 
2. With due regard to Community law, the use of a trademark co rresponding to one of 
the situations referred to in Article 13 wh ich has been applied for, registered, or 
established by use, if that possibility is pr ovided for by the legislation concerned, in 
good faith within the territory of the Commun ity, before either the date of protection 
of the designation of origin or geographica l indication in the country of origin or 
before 1 January 1996, may continue to be used notwithstanding th e registration of a 
designation of origin or geographical i ndication, provided that no grounds for its 
invalidity or revocation exist as specified by Council Directive 89/104/EEC7 or 
Council Regulation (EC) No 40/948. 
Article 15 
Committee on Protected Geogr aphical Indications and Designations of Origin  
1. The Commission shall be assisted by the Standing Committee on Protected 
Geographical Indications and Protected Designations of Origin, composed of 
representatives of the Member States a nd chaired by a Commission representative. 
2. Where reference is made to this paragr aph, Articles 5 and 7 of Decision 1999/468/EC 
shall apply. 
The period provided for in Article 5(6)  of Decision 1999/468/EC shall be three 
months. 
3. Where reference is made to this paragr aph, Articles 4 and 7 of Decision 1999/468/EC 
shall apply. 
The period provided for in Article 4(3)  of Decision 1999/468/EC shall be three 
months. 
4. The Committee shall adopt its own Rules of Procedure. 
                                                 
7 OJ L 40, 11.2.1989, p. 1. 
8 OJ L 11, 14.1.1994, p. 1. 
 
EN 19   EN Article 16 
Implementing rules  
In accordance with the procedure referred to in Article 15(2), detailed ru les shall be adopted 
for the implementation of this Regulat ion. They shall cover in particular: 
(a) a list of the raw materials referred to in Article 2(3); 
(b) the information that must be included in the product specification referred to in 
Article 4(2); 
(c) the conditions under which a natural or legal person may be treated as a group; 
(d) the submission of a registration applic ation for a name designating a trans-border 
geographical area as referred to in th e third subparagraph of Article 5(1); 
(e) the content and method of transmission to  the Commission of the documents referred 
to in Article 5(7) and (9); 
(f) objections referred to in Article 7, in cluding rules on appropr iate consultations 
between the interested parties; 
(g) the markings and symbols referred to in Article 8; (h) a definition of minor amendments as referre d to in the second subparagraph of Article 
7(5) and the second subparagraph of Artic le 9(2), bearing in mind that a minor 
amendment cannot relate to ei ther the essential characteri stics of the product or alter 
the link; 
(i) the register of designations of origin and geographical indications provided for in 
Article 7(6); 
(j) the conditions for checking compliance w ith the specifications on the part of 
operators in the geograp hical area concerned . 
Article 17 
Transitional provisions
 
1. The names already registered under Re gulation (EEC) No 2081/92 on the date of 
entry into force of this Regulation shall be automatically entered in the register referred to in Article 7(6). The corresponding specifications shall be deemed to be the 
specifications referred to in Article 4(1). 
2. In accordance with the procedure referred to in Article 15(2), the Commission shall 
adopt a Regulation facilitating the transi tion from the rules under Regulation (EEC) 
No 2081/92 to those laid down by this Regulat ion. Such Regulation shall lay down in 
particular the procedures to be followed for an effective analysis of registration 
applications still pending under Regulati on (EEC) No 2081/92. Those procedures 
may include a requirement on applicants to provide additional information by a deadline to be fixed. 
 
EN 20   EN Article 18 
Fees 
Member States may charge an administrative fee to cover the costs incurred in scrutinising 
applications for registration, statements of objection, applications for amendments and 
applications for cancellations under this Regulation. 
Article 19 
Regulation (EEC) No 2081/ 92 is hereby repealed. 
References to the repealed Regulation shall be taken as referring to th is Regulation and shall 
be read against the correlation ta ble attached at Annex III hereto. 
Article 20 
This Regulation shall enter into force on the day of its publication in the Official Journal of the 
European Union . 
However, the second paragraph of Ar ticle 8 shall apply from 1 May 2007. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Council 
 The President 
 
EN 21   EN ANNEX I  
Foodstuffs referred to in Article 1(1): 
– beers, 
– beverages made from plant extracts, 
– bread, pastry, cakes, confectione ry and other baker's wares, 
– natural gums and resins, 
– mustard paste, 
– pasta. 
 
EN 22   EN ANNEX II  
Agricultural products refe rred to in Article 1(1): 
– hay, 
– essential oils, 
– cork, 
– cochineal (raw product of animal origin), 
– flowers and ornamental plants, 
– wool, 
– wicker, 
– scutched flax. 
 
EN 23   EN ANNEX III  
CORRELATION TABLE  
Regulation (EEC) No 20 81/92 This Regulation 
Article 1 
Article 2(1) 
Article 2(2) Article 2(3) Article 2(4) Article 2(5) Article 2(6) Article 2(7) First, second and third subparagraphs of Article 3(1) Article 3(1), fourth subparagraph Article 3(2) 
Article 3(3) 
Article 4 Article 5(1), (2) and (3) Article 5(4) Article 5(5), first subparagraph Article 5(5), second subparagraph Article 9(5), third subparagraph Article 5(5), fourth and fifth subparagraphs Article 5(5) sixth, seventh and eighth subparagraphs Article 5(6) 
Article 6(1), first subparagraph 
Article 6(1), second subparagraph Article 6(1), third subparagraph Article 6(2) Article 6(3) and (4) Article 6(5), first subparagraph Article 6(5), second subparagraph Article 6(6), first subparagraph Article 6(6), second subparagraph Article 7(1) 
Article 7(2) 
Article 7(3) Article 7(4) Article 7(5) Article 8 Article 9, fist subparagraph Article 9, second subparagraph Article 1 
– 
Article 2(1) Article 2(2) Article 2(3), first subparagraph – Article 2(3), second subparagraph  – First, second and third subparagraphs of Article 3(1) – Article 3(2) 
– 
Article 4 Article 5(1), (2) and (3) Article 5(4), first subparagraph Article 5(4), second subparagraph Article 5(6), first subparagraph Article 5(6), third subparagraph Article 5(6), fourth and fifth subparagraphs – Article 5(8) 
Article 6(1), first subparagraph 
– Article 6(1), second subparagraph Article 6(2), first subparagraph – Article 6(2), second subparagraph – – Article 3(3) Article 7(1) 
– 
Article 7(2), first subparagraph Article 7(3) Article 7(5) Article 8, second subparagraph Article 9(1), first subparagraph Article 9(2), first subparagraph 
 
EN 24   EN Article 9, third subparagraph 
Article 10(1) Article 10(2) Article 10(3) Article 10(4) 
Article 10(5) 
Article 10(6) and (7) Article 11(1) to (3) Article 11(4) Article 11a(a) Article 11a(b) Articles 12 to 12d Article 13(1) Article 13(3) Article 13(4) 
Article 13(5) 
Article 14(1) and (2) Article 14(3) Article 15(1) and (2) Article 15(3) Article 16 Article 18 Annex I Annex II Article 9(2), second subparagraph 
– Article 11(1) Article 11(2) Article 11(3) 
– 
Article 11(5) and (6) – Article 12(1) Article 12(2) – – Article 13(1) Article 13(2) Article 13(3), first subparagraph 
Article 13(4) 
Article 14(1) and (2) Article 3(4) Article 15(1) and (2) Article 15(4) Article 16 Article 20 Annex I Annex II