EXHIBIT NZ-1
Document: APPLICATION PROCESS FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION UNDER EC REGULATION 2081/921 W T O  M e m b e r        E C  m e m b e r  S t a t e
Document codes: WT/DS290/R/Add.3
Complainant: Australia
Respondent: EU
Third parties: Argentina, Brazil, Canada, China, Taiwan, Colombia, Guatemala, India, Mexico, New Zealand, Turkey, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 16, 20, 24.5, 41, 42, 3, 4, 22.2, 63.1, 63.3, 65.1  Intellectual Property (TRIPS)Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, Annex 1  Technical Barriers to Trade (TBT)Art. XVI:4  Agreement Establishing the World Trade Organization

EXHIBIT NZ-1

APPLICATION PROCESS FOR THE REGISTRATION
OF A GEOGRAPHICAL INDICATION UNDER EC REGULATION 2081/921

 W T O M e m b e r E C m e m b e r S t a t e

1 Note this flow-chart excludes procedures relating to homonymous names and the procedures
applicable to third countries that are not WTO Members.
Articles 5(1) & 5(2)
Is the party an association of producers and/or
processors working with the same agricultural product
or foodstuff?
Is the person eligible to
submit an application?
Yes

No
Yes
Yes
No
Article 12(a)(2)(a)
Is the product protected or
established as a geographical
indication in the WTO Member.
Cannot
apply.
Cannot
a
pply.
Cannot
apply.
No
No
Yes
Yes
Does the WTO member guarantee
the information required for the
product specification?
Cannot
a
pply.
Cannot
apply.
No
Yes
No
Article 12(1)
Has the WTO Member, in which the
party resides, had their geographical
indications systems approved by the
Commission under the equivalence
requirements of Article 12
(3)?
Yes
Does the WTO member have
inspection arrangements and a
right to objection equivalent to the
EU?
Cannot
apply.
Cannot
apply.
Yes
Article 12(a)(1)
Is the party an association of producers and/or
processors working with the same agricultural
product or foodstuff?
Does the WTO member provide
equivalent protection to that available
in the European Community to
corresponding agricultural products
from the European Community?
No

Article 12(a)(1)
The party submits the application
to their WTO member government,
with the product specification under
Article 4.
Article 5(3)
The Party submits the application
to their EC Member State with
the product specification under
Article 4.
Article 12(a)(2)
The WTO member Government
submits the application to the
European Commission including
the following information:

- a copy of the registration
application.

- description of the legal
provisions and usage on basis the
DOI or GI is protected or
established in the country.

- a declaration the structures
provided for in Article 10 that are
established in their territory: ie the
inspection procedures.

- other documents on which it
based its assessment.
Article 5(5)
The Member State submits
the application to the
European Commission
including the following
information:

- a copy of the application,
including the product
specification;

- other documents on which
it based its decision.

 Yes Yes
Does it meet the
requirements of Regulation
2081/92?
Does it meet the definition of a
geographical indication Article 2?
Article 5(5) [EC] or Article 12(a)(2) [WTO member]
The relevant authority assesses whether the application is justified.

Article 6(1) [EC] or Article 12(b)(1)(a) [WTO
Member]
The Commission informs the Member State
or WTO member of its findings.
Application meets necessary
requirements
No objections to application
received within 6 months
Article 12(b)(1)
The Commission examines whether
the application meets all the
necessary elements. The
Commission may decide to consult
the Member State committee.
Article 6(1)
The Commission examines whether
the application meets requirements
of Article 4. The Commission may
decide to consult the Member State
committee. Application does not
meet requirements
Article 6(2) [EC] or Article 12(b)(1)(a) [WTO Member]
The Commission notifies the app lication in the Official
Journal of the European Communities.
Article 6(3) [EC] or Article 12(b)(4) [WTO Member]
The Commission enters the geographical indication in its ‘Register of
protected designations of origin and protected geographical
indications’.
Article 6(4) [EC] or Article 12(b)(4) [WTO Member]
The Commission publishes the geographical indication in the Official Journal of the European
Communities.
Article 12(b)(1)(b)
[WTO Member]
The Commission
consults with the
WTO member and
the Member State
Committee and
does not publish the
application.
Article 6(5)
[EC ]
The Commission
consults with the
Member State
Committee and
does not publish
the application.
Application does not meet
requirements

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OBJECTION PROCESS DURING THE REGISTRATION OF A
GEOGRAPHICAL INDICATION UNDER EC REGULATION 2081/922

 WTO Member Objection EC Objection

2 Note, this flow-chart excludes homonymous names and the procedures for third countries that are not
WTO Members.
Is the party eligible to access the
application information?
Article 12(d)
Does the party have a legitimate
economic interest?

Article 7(2)
Does the party have a legitimate
economic interest?

OR

Does the party have a legitimate
interest?
Article 12(d)
Has the WTO member, in which
the party resides, had their
geographical indications systems
approved by the Commission
under the equivalence
requirements of Article
12(3)?
Unable to
access.
Does the WTO member
guarantee the information
required for the product
specification?
Does the WTO member have
inspection arrangements and a right
of objection equivalent to the EU?
Unable to
access.
Unable to
access.
Does the WTO member provide
equivalent protection to that
available in the Community to
corresponding agricultural products
from the Community?
Unable to
access.
Unable to
access.
Yes No
No Yes
Yes
Yes
No
No
No Yes

Is the person eligible to object to an
application?
Article 7(1)
Is the party legitimately interested?
Article 12(d)
Is the party legitimately interested?
Yes Yes
Article 7(1)
The party submits objections to
their member state competent
authority.
Unable to
object
Unable to
object
Unable to
object
Unable to
object
Unable to
object
Article 12(d)
The party submits objections to their
government.
Article 12(d)
WTO Member government refers the
objection to the European Commission.
Does the WTO member guarantee the
information required for the product
specification?
Does the WTO member have inspection
arrangements and a right of objection
equivalent tot h eE U ?
Does the WTO member provide
equivalent protection to that available in
the Community to corresponding
agricultural products from the
Communit
y?
Article 12(d)
Has the WTO member, in which the
party resides, had their geographical
indications systems approved by the
Commission under the equivalence
requirements of Article 12(3)?
No
Unable to
object
Yes
Yes
Yes
Yes
No
No
No
No
No

Article 7(5)
Member states consult among themselves. Article 12(d)(3)
Commission consults with the WTO Member
making the objection. Commission adopts a
decision using the procedures in Article 15. (ie
The Commission is assisted by the Member
State Committee.)
Can’t agree whether
application OK in
light of receipt of
objection
Article 7(5)(b)
Commission takes a decision in
accordance with the procedures in
Article 15. (ie The Commission is
assisted by the Member State
Committee.
Agree
application ok
despite receipt of
objection Agree application
ok despite receipt
of objection.
Agree
application ok
despite receipt of
objection
Article 6(3) & Article 6(4) [EC] and Article 12(d)(3)
Name registered on the EC Register and published in the Official Journal.
Article 12(d)(2)
Commission examines objections against Article
7.4, which must be proved and relevant within
the Community.

Article 7(4)
A statement of objection is admissible if it:

- shows non-compliance with the conditions
referred to in Article 2.

- shows the existence of the proposed name
would jeopardise existence of entirely or partly
identical name or of a mark or products that have
been legally on the market for at least 5 years
preceding date of publica tion in the Official
Journal Article 6.2.

-can show the name being sought registration for
is generic (in the EC).
Article 7(3)
Competent authority takes necessary measures to
consider the comments or objections within the
deadlines laid down.

Article 7(4)
A statement of objection is admissible if it:

- shows non-compliance with the conditions
referred to in Article 2.

- shows the existence of the proposed name
would jeopardise existence of entirely or partly
identical name or of a mark or products that have
been legally on the market for at least 5 years
preceding date of publica tion in the Official
Journal under Article 6.2.

-can show the name being sought registration for
is generic (in the EC).
Decide objection
admissible
Decide objection
admissible