EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL PRODUCTS AND FOODSTUFFS
Document: Status Report by the European Communities Addendum
Date: 11 April 2006
Document codes: WT/DS174/25/Add.3; WT/DS290/23/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

EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS
AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL
PRODUCTS AND FOODSTUFFS

Status Report by the European Communities

Addendum

 The following communication, dated 10 April 2006, from the delegation of the European
Communities to the Chairman of the Dispute Settl ement Body, is circulated in accordance with
Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS174, WT/DS290)

 The European Communities submits this re port in accordance with Article 21.6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.

 On 20 April 2005, the Dispute Settlement Body (the "DSB") adopted the Panel Reports in
 . At the DSB meeting of 19 May 2005, the European Communities
confirmed its intention to implement the recommendati ons and rulings of the DSB in this dispute and
stated that it would require a "reasonable period of time" in which to do so, pursuant to Article 21.3 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU").

 On 9 June 2005 the parties notified the DSB that pursuant to Article 21.3(b) of the DSU they
had agreed that the reasonable period of time for the European Communities to implement the
recommendations and rulings of the DSB in this di spute would be 11 months and 2 weeks and would
therefore expire on 3 April 2006.

 On 23 December 2005, the European Commis sion proposed to the Council a revised
regulation on geographical indications for agricu ltural and foodstuffs which would implement the
recommendations and rulings of the DSB. Fo llowing discussions within the Council and the
European Parliament, the new Regulation (Counc il Regulation (EC) No 510/2006 of 20 March 2006
on the protection of geographical indications and desi gnations of origin for agricultural products and
foodstuffs) was adopted and published in the O fficial Journal of the European Union on
31 March 2006. The Regulation entered into force on 31 March 2006.

The European Communities have, thus, fully complied with the DSB rulings and
recommendations in this dispute within the r easonable period of time agreed upon between the
parties.

COUNCIL REGULATION (EC) No 510/2006
of 20 March 2006
on the protection of geographical indications and
designations of origin for agricultural products and foodstuffs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the Euro pean Community, and in particular Article 37
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament
1,

Whereas:

(1) The production, manufacture and distribution of agricultural products 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 mark ets. The promotion of products having
certain characteristics can be of considerable be nefit to the rural economy, particularly in less
favoured or remote areas, by improving the incomes of farmers and by retaining the rural
population in these areas.

(3) A constantly increasing number of consumers attach greater importance to the quality of
foodstuffs in their diet rather than to quantit y. This quest for specific products generates a
demand for agricultural products or foodstuffs with an identifiable geographical origin.

(4) In view of the wide variety of products marketed and the abundance of product information
provided, the consumer should, in order to be ab le to make the best choices, be given clear
and succinct information regarding the product origin.

(5) The labelling of agricultural products and foodst uffs is subject to the general rules laid down
in Directive 2000/13/EC of the European Pa rliament and of the Council of 20 March 2000 on
the approximation of the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs.
2 In view of their specific nature, additional special provisions
should be adopted for agricultural products a nd foodstuffs from a defined geographical area
requiring producers to use the appropriate Comm unity symbols or indications on packaging.
The use of such symbols or indications should be made obligatory in the case of Community
designations, on the one hand, to make this cate gory of products and the guarantees attached
to them better known to consumers and, on the ot her, to permit easier identification of these
products on the market so as to facilitate ch ecks. A reasonable length of time should be
allowed for operators to adjust to this obligation.

(6) Provision should be made for a Community approach to designations of origin and
geographical indications. A framework of Community rules on a system of protection permits

1 Not yet published in the Official Journal.
2 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).

the development of geographical indications and designations of origin since, by providing a
more uniform approach, such a framework ensu res fair competition between the producers of
products bearing such indications and enha nces the credibility of the products in the
consumer's eyes.

(7) The rules provided for should apply without interfering with existing Community legislation
on wines and spirit drinks.

(8) The scope of this Regulation should be limited to certain agricultural products and foodstuffs
for which a link exists between product or f oodstuff characteristics and geographical origin.
However, its scope could be enlarged to encompass other agricultural products or foodstuffs.

(9) In the light of existing practices, two different types of geographical description should be
defined, namely protected geographical indications and protected designations of origin.

(10) An agricultural product or foodstuff bearing such a description should meet certain conditions
set out in a specification.

(11) To qualify for protection in the Member Stat es, geographical indications and designations of
origin should be registered at Community level. Entry in a register should also provide
information to those involved in the trade a nd to consumers. To ensure that Community-
registered names meet the conditions laid dow n by this Regulation, applications should be
examined by the national authorities of the Memb er State concerned, subject to compliance
with minimum common provisions, including a national objection procedure. The
Commission should subsequently be involved in a scrutiny procedure to ensure that
applications satisfy the conditions laid down by this Regulation and that the approach is
uniform across the Member States.

(12) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement
1994, contained in Annex 1C to the Agreemen t establishing the World Trade Organisation)
contains detailed provisions on the availa bility, 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 these are protected in their country of
origin.

(14) The registration procedure should enable a ny natural or legal person having a legitimate
interest in a Member State or a third country to exercise their rights by notifying their
objections.

(15) There should be procedures to permit amen dment of specifications on request of groups
having a legitimate interest, after registrati on, in the light of technological progress and
cancellation of the geographical indication or desi gnation of origin for an agricultural product
or foodstuff, in particular if that product or foodstuff ceases to conform to the specification on
the basis of which the geographical indication or designation of origin was granted.

(16) The designations of origin and geographical indications protected on Community territory
should be subject to a monitoring system of offi cial controls, 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 official controls performed to en sure the verification of compliance with feed

and food law, animal health and animal welfare rules 3, including a system of checks to ensure
compliance with the specification of the agricultural products and foodstuffs concerned.

(17) Member States should be authorised to charge a fee to cover the costs incurred.

(18) The measures necessary for the implementati on of this Regulation should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission.
4

(19) The names already registered under Council Regulation (EEC) No 2081/92 of 14 July 1992
on the protection of geographical indications and designations of origin for agricultural
products and foodstuffs5 on the date of entry into force of this Regulation should continue to
be protected under this Regulation and automa tically included in the register. Provision
should also be made for transitional measures a pplicable to registration applications received
by the Commission before the entry into force of this Regulation.

(20) In the interests of clarity and transparency , Regulation (EEC) No 2081/92 should be repealed
and replaced by this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1. This Regulation lays down the rules on th e protection of designations of origin and
geographical indications for agricultural products intended for human consum ption listed in Annex I
to the Treaty and for foodstuffs listed in Annex I to this Regulation and for agricultural products listed
in Annex II to this Regulation.

It shall not, however, apply to wine-sector products, except wine vinegars, or to spirit drinks. This
paragraph shall be without prejudice to the app lication of Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in wine.
6

Annexes I and II to this Regulation may be amende d in accordance with the procedure referred to in
Article 15(2).

2. This Regulation shall apply without prej udice to other specific Community provisions.

3. Directive 98/34/EC of the European Parlia ment and of the Council of 22 June 1998 laying
down a procedure for the provision of information in the field of technical standards and regulations
and of rules on Information Society Services
7 shall not apply to the designations of origin and
geographical indications covered by this Regulation.

3 OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1.
4 OJ L 184, 17.7.1999, p. 23.
5 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).
6 OJ L 179, 14.7.1999, p. 1.
7 OJ L 204, 21.7.1998, p. 37.

Article 2

Designation of origin and geographical indication

1. For the purpose of this Regulation:

(a) ‘designation of origin’ means the name of a region, a specific place or, in exceptional cases, a
country, used to describe an agricultural product or a foodstuff:

 – originating in that region, specific place or country,

 – the quality or characteristics of which are ess entially or exclusively due to a particular
geographical environment with its inherent natural and human factors, and

 – the production, processing and preparati on of which take place in the defined
geographical area;

(b) ‘geographical indication’ means the name of a region, a specific place or, in exceptional cases,
a country, used to describe an agricultural product or a foodstuff:

 – originating in that region, specific place or country, and

 – which possesses a specific quality, reputation or other characteristics attributable to
that geographical origin, and

 – the production and/or processing and/or preparation of which take place in the
defined geographical area.

2. Traditional geographical or non-geographical names designating an agricultural product or a
foodstuff which fulfil the conditions referred to in paragraph 1 shall also be considered as
designations of origin or geographical indications.

3. Notwithstanding paragraph 1(a), certain ge ographical designations shall be treated as
designations of origin where the raw materials fo r the products 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 production of the raw materials exist; and

(c) there are inspection arrangements to ensure that the conditions referred to in point (b) are
adhered to.

The designations in question must have been recognised as designations of origin in the country of
origin before 1 May 2004.

Article 3

Generic nature, conflicts with names of plant varieties,
animal breeds, homonyms and trademarks

1. Names that have become generic may not be registered.

For the purposes of this Regulation, a ‘name that has become generic ’ means the name of an
agricultural product or a foodstuff which, although it relates to the place or the region where this
product or foodstuff was originally produced 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 become gene ric, account shall be taken of all factors, in
particular:

(a) the existing situation in the Member States and in areas of consumption;

(b) the relevant national 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 variety or an animal breed and as a result is likely to mislead the
consumer as to the true origin of the product.

3. A name wholly or partially homonymous with that of a name alread y registered under this
Regulation shall be registered with due regard fo r local and traditional usage and the actual risk of
confusion. In particular:

(a) a homonymous name which misleads the consum er into believing that products come from
another territory shall not be registered even if the name is accurate as far as the actual
territory, region or place of origin of the agri cultural products or foodstuffs in question is
concerned;

(b) the use of a registered homonymous name shall be subject to there being a sufficient
distinction in practice between the homonym registered subsequently and the name already on
the register, having regard to the need to treat the producers concerned in an equitable manner
and not to mislead the consumer.

4. A designation of origin or geographical indication shall not be registered 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 for a protected designation of origin (PDO) or a protected geographical
indication (PGI), an agricultural product or foodstuff shall comply with a product specification.

2. The product specification shall include at least:

(a) the name of the agricultural product or foods tuff comprising the designation of origin or the
geographical indication;

(b) a description of the agricultural product or foodstuff, including the raw materials, if
appropriate, and principal physical, chemical, microbiological or 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 Article 2(1)(a) or (b), as the case may be;

(e) a description of the method of obtaining the agricultural product or foodstuff and, if
appropriate, the authentic and unvarying local methods as well as information concerning
packaging, if the applicant group within the me aning of Article 5(1) so determines and gives
reasons why the packaging must take place in the defined geographical area to safeguard
quality or ensure the origin or ensure control;

(f) details bearing out the following:

 (i) the link between the quality or characteris tics 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, the reputation or other characteristic of the
agricultural product or foodstuff and the geographical origin referred to in
Article 2(1)(b);

(g) the name and address of the authorities or bodies verifying compliance with the provisions of
the specification and their specific tasks;

(h) any specific labelling rule for the agricu ltural product or foodstuff in question;

(i) any requirements laid down by Community or national provisions.

Article 5

Application for registration

1. Only a group shall be entitle d 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 foodstuff.
Other interested parties may participate in the gr oup. A natural or legal pe rson may be treated as a
group in accordance with the detailed rules referred to in Article 16(c).

In the case of a name de signating a trans-border geographical area or a traditional name connected to
a trans-border geographical area, several groups may lodge a joint application in accordance with the
detailed rules referred to in Article 16(d).

2. A group may lodge a registration application onl y for the agricultural products or foodstuffs
which it produces or obtains.

3. The application for registration shall include at least:

(a) the name and address of the applicant group;

(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 description of the product, including,
where appropriate, specific rules concerning packaging and labelling, and a concise
definition of the geographical area,

 (ii) a description of the link between the product and the geographical environment or
geographical origin referred to in Article 2(1)(a) or (b), as the case may be, including,
where appropriate, the specific elements of the product description or production
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 scrutinise the application 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 the second subparagraph of pa ragraph 4, the Member
State shall initiate a national objection procedure en suring adequate publication of the application and
providing for a reasonable period within which any natu ral or legal person having a legitimate interest
and established or resident on its territory may lodge an objection to the application.

The Member State shall consider the admissibility of objections received in the light of the criteria
referred to in the first subparagraph of Article 7(3).

If the Member State considers that the requirements of this Regulation are met, it shall take a
favourable decision and forward to the Commission the documents referred to in paragraph 7 for a
final decision. If not, the Member State shall decide to reject the application.

The Member State shall ensure that its favourable decision is made public and that any natural or legal
person having a legitimate interest has means of appeal.

The Member State shall ensure that the version of the specification on which its favourable decision is
based is published, and assure electronic access to the specification.

6. The Member State may, on a transitional basi s only, grant protection under this Regulation at
national level to the name, and, where appropriate, an adjustment period, with effect from the date on
which 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
objection 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 protec tion, where a name is not registered under this
Regulation, shall be the sole responsibility of the Member State concerned.

The measures taken by Member States under the firs t subparagraph shall produ ce effects at national
level only, and they shall have no effect on intra-Community or international trade.

7. In respect of any favourable decision as referre d to in the third subparagraph of paragraph 5,
the Member State concerned shall forward to the Commission:

(a) the name and address of the applicant group;

(b) the single document referred to in paragraph 3(c);

(c) a declaration by the Member State that it c onsiders that the application lodged by the group
and qualifying for the favourable decision meet s the conditions of this Regulation and the
provisions adopted for its implementation;

(d) the publication reference of the specificati on referred to in the fifth subparagraph of
paragraph 5.

8. Member States shall introduce the laws, regulations or administrative provisions necessary to
comply with paragraphs 4 to 7 not later than 31 March 2007.

9. Where the registration application concerns a geographical area situated in a third country, it
shall comprise the elements provided for in paragra ph 3 and also proof that the name in question is
protected in its country of origin.

The application shall be sent to the Commission, eith er directly or via the authorities of the third
country concerned.

10. The documents referred to in this Article sent to the Commission shall be in one of the official
languages of the institutions of the European Uni on or accompanied by a certified translation in one
of those languages.

Article 6

Scrutiny by the Commission

1. The Commission shall scrutinise by appropria te means the application received pursuant to
Article 5 to check that it is justified and meets the conditions laid down in this Regulation. This
scrutiny should not exceed a period of 12 months.

The Commission shall, each month, make public the list of names for which registration applications
have been submitted to it, as well as their date of submission to the Commission.

2. Where, based on the scrutiny carried out pursuan t to the first subparagraph of paragraph 1, the
Commission considers that the conditions laid down in this Regulation are met, it 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 this is not the case, the Commission shall decide, to reject the application, following the
procedure referred to in Article 15(2).

Article 7

Objection/decision on registration

1. Within six months from the date of publication in the Official Journal of the European Union
provided for in the first subparagraph of Article 6( 2), any Member State or third country may object
to the registration proposed, by lodging a duly substantiated statement with the Commission.

2. Any natural or legal person having a legitimat e interest, 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
registration by lodging a duly substantiated statement.

In the case of natural or legal pers ons established or resident in a Member State, such statement shall
be lodged with that Member State within a tim e-limit permitting an objection in accordance with
paragraph 1.

In the case of natural or legal pers ons established or resident in a third country, such statement shall
be lodged with the Commission, either directly or via the authorities of the third country concerned,
within the time limit-set in paragraph 1.

3. Statements of objection shall be admissible only if they are received by the Commission
within the time-limit set in paragraph 1 and if they:

(a) show non-compliance with the conditions referred to in Article 2; or

(b) show that the registration of the name proposed would be contrary to paragraphs 2, 3 and 4 of
Article 3; or

(c) show that the registration of the name propo sed would jeopardise the existence of an entirely
or partly identical name or of a trademark or the existence of products which have been
legally on the market for at least five years preceding the date of the publication provided for
in Article 6(2); or

(d) give details from which it can be concluded th at 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), (c) and (d) of the first subparagraph shall be evaluated in relation
to the territory of the Community, which in the case of intellectual property rights refers only to the
territory or territories where the said rights are protected.

4. If the Commission receives no admissible objec tion under paragraph 3, it shall register the
name.

The registration shall be published in the Official Journal of the European Union.

5. If an objection is admissible under paragraph 3, the Commission shall invite the interested
parties to engage in appropriate consultations.

If the interested parties reach an agreement within six months, they shall notify the Commission of all
the factors which enabled that agreement to be r eached, 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 of this Ar ticle. The Commission shall otherwise repeat the
scrutiny referred to in Article 6(1).

If no agreement is reached, the Commission shall ta ke a decision in accordance with the procedure
referred to in Article 15(2), having regard to fa ir and traditional usage a nd the actual likelihood of
confusion.

The decision shall be published in the Official Journal of the European Union.

6. The Commission shall maintain updated a regist er of protected designations of origin and
protected geographical indications.

7. The documents referred to in this Article sent to the Commission shall be drafted in an
official language of the institutions of the Europ ean Union or accompanied by a certified translation
into one of those languages.

Article 8

Names, indications and symbols

1. A name registered under this Regulation may be used by any operator marketing agricultural
product or foodstuffs conforming to the corresponding specification.

2. In the case of the agricultural products and f oodstuffs originating in the Community marketed
under a name registered in accordance w ith this Regulation, the indications ‘protected designation of
origin’ and ‘protected geographical indication ’ or the Community symbols associated with them shall
appear on the labelling.

3. In the case of agricultural products and food stuffs originating in third countries marketed
under a name registered in accordance with this Regul ation the indications referred to in paragraph 2
and the Community symbols associated with them may equally appear on the labelling.

Article 9

Approval of changes to specifications

1. A group satisfying the conditions of Article 5(1) and (2) and having a legitimate interest may
apply for approval of an amendment to a specification, in particular to take account of developments
in scientific and technical knowledge or to re define 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 proce dure laid down in Articles 5, 6 and 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 and in the case of
approval shall proceed to publication of the elements referred to in Article 6(2).

3. Where the amendment does not involve any change to the single document, the following
rules shall apply:

(i) where the geographical area is in a given Member State, that Member State shall express its
position on the approval of the amendment and, if it is in favour, shall publish the amended
specification and inform the Commission of th e 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.

4. Where the amendment concerns a temporary change in the specification resulting from the
imposition of obligatory sanitary or phytosanitary measures by the public authorities, the procedures
set out in paragraph 3 shall apply.

Article 10

Official controls

1. Member States shall designate the competent authority or authorities responsible for controls
in respect of the obligations established by this Regulation in conformity with Regulation (EC) No
882/2004.

2. Member States shall ensure th at any operator complying with this Regulation is entitled to be
covered by a system of official controls.

3. The Commission shall make public the name and address of the authorities and bodies
referred to in paragraph 1 or in Article 11 and update it periodically.

Article 11

Verification of compliance with specifications

1. In respect of geographical indications and d esignations of origin relating to a geographical
area within the Community, verification of complia nce with the specifications, before placing the
product on the market, shall be ensured by:

– one or more competent authorities referred to in Article 10 and/or

– one or more control bodies within the meani ng of Article 2 of Regulation (EC) No 882/2004
operating as a product certification body.

The costs of such verification of compliance with the specifications shall be borne by the operators
subject to those controls.

2. In respect of the geographical indications and designations of origin relating to a geographical
area in a third country, verification of compliance with the specifications, before placing the product
on the market, shall be ensured by:

– one or more public authorities designated by the third country and/or

– one or more product certification bodies.

3. The product certification bodies referred to in pa ragraphs 1 and 2 shall comply with and, from
1 May 2010 be accredited in accordance with Eu ropean standard EN 45011 or ISO/IEC Guide 65
(General requirements for bodies operating product certification systems).

4. Where, the authorities referred to in paragra phs 1 and 2, have chosen to verify compliance
with the specifications, they shall offer adequate guarantees of objectivity and impartiality, and have
at their disposal the qualified staff and resources necessary to carry out their functions.

Article 12

Cancellation

1. Where the Commission, in accordance with th e detailed rules referred to in Article 16(k),
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 en sured, it shall initiate the procedure referred to
in Article 15(2) for the cancellation of the re gistration, which shall be published in the Official
Journal of the European Union.

2. Any natural or legal person having a leg itimate interest, may request cancellation 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 regi stered name in respect of products not covered
by the registration in so far as those products are comparable to the products registered under
that name or in so far as using the name exploits the reputation 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 p ackaging, advertising material or documents
relating to the product concerned, and the pack ing of the product in a container liable to
convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

Where a registered name contains within it the name of an agricultural product or foodstuff which is
considered generic, the use of that generic name on the appropriate agricultural product or foodstuff
shall not be considered to be contrary to points (a) or (b) in the first subparagraph.

2. Protected names may not become generic.

3. In the case of names for which registration is applied for under Article 5, provision may be
made for a transitional period of up to five year s under Article 7(5), solely where a statement of
objection has been declared admissible on the grounds that registration of the proposed name would
jeopardise the existence of an entirely or partly id entical name or the existence of products which
have been legally on the market for at least five years preceding the date of the publication provided
for in Article 6(2).

A transitional period may also be set for undertak ings established in the Member State or third
country in which the geographical area is located , provided that the undertakings concerned have
legally marketed the products in question, using th e names concerned continuously for at least five
years preceding the date of the publication referred to in Article 6(2) and have noted that point in the
national objection procedure referred to in the firs t and second subparagraphs of Article 5(5) or the
Community objection procedure referred to in Arti cle 7(2). The combined total of the transitional
period referred to in this subparagr aph and the adjustment period refe rred to in Article 5(6) may not
exceed five years. Where the adjustment period refe rred to in Article 5(6) exceeds five years, no
transitional period shall be granted.

4. Without prejudice to Article 14, the Commission may decide to allow, under the procedure
provided for in Article 15(2), the coexistence of a registered name and an unregistered name
designating a place in a Member State or in a thir d 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 le gal use consistently and equitably for at least 25
years before 24 July 1993;

(b) it is shown that the purpose of its use has not at any time been to profit from the reputation of
the registered name and that the consumer 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 unregistere d name concerned may co-exist for a period not
exceeding a maximum of 15 years, after which the unregistered name shall cease to be used.

Use of the unregistered geographical name concerne d shall be authorised only where the country of
origin is clearly and visibly indicated on the label.

Article 14

Relations between trademarks, designations of origin and
geographical indications

1. Where a designation of origin or a geographical indication is registered under this Regulation,
the application for registration of a trademark corre sponding to one of the situations referred to in
Article 13 and relating to the same class of product shall be refused if the application for registration
of the trademark is submitted after the date of submission 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, a tradem ark the use of which corresponds to one of the
situations referred to in Article 13 which has been applied for, registered, or established by use, if that

possibility is provided for by the legislation concer ned, in good faith within the territory of the
Community, before either the date of protection of the designation of origin or geographical indication
in the country of origin or before 1 January 1996, may continue to be used notwithstanding the
registration of a designation of origin or geogra phical indication, provided that no grounds for its
invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December
1988 to approximate the laws of the Member States relating to trade marks
8 or Council Regulation
(EC) No 40/94 of 20 December 1993 on the Community trade mark.9

Article 15

Committee procedure

1. The Commission shall be assisted by the Standing Committee on Protected Geographical
Indications and Protected Designations of Origin.

2. Where reference is made to this paragra ph, Articles 5 and 7 of Decision 1999/468/EC shall
apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its own Rules of Procedure.

Article 16

Implementing rules

In accordance with the procedure refe rred to in Article 15(2), detailed rules shall be adopted for the
implementation of this Regulation. 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 appli cation for a name designating a trans-border
geographical area as referred to in the third subparagraph of Article 5(1);

(e) the content and method of transmission to the Commission of the documents referred to in
Articles 5(7) and (9);

(f) objections referred to in Article 7, including rules on appropriate consultations between the
interested parties;

(g) the indications and symbols referred to in Article 8;

(h) a definition of minor amendments as referred to in the second subparagraph of Article 7(5)
and in Article 9(2), bearing in mind that a minor amendment cannot relate to the essential
characteristics of the product or alter the link;

8 OJ L 40, 11.2.1989, p. 1.
9 OJ L 11, 14.1.1994, p. 1.

(i) the register of designations of origin and ge ographical indications provided for in Article 7(6);

(j) the conditions for checking complia nce with the product specifications;

(k) the conditions for cancellation of registration.

Article 17

Transitional provisions

1. The names that, on the date of entry into for ce of this Regulation, are listed in the Annex of
Commission Regulation (EC) No 1107/96
10 and those listed in the Annex of Commission on
Regulation (EC) No 2400/9611 shall be automatically entered in the register referred to in Article 7(6)
of this Regulation. The corresponding specifications sh all be deemed to be the specifications referred
to in Article 4(1). Any specific transitional provisions associated with such registrations shall continue
to apply.

2. In respect of pending applications, statem ents and requests received by the Commission
before the date of entry into force of this Regulation:

(a) the procedures in Article 5 shall not appl y, without prejudice to Article 13(3); and

(b) the summary of the specification drawn up in conformity with Commission Regulation (EC)
No 383/2004
12 shall replace the single document referred to in Article 5(3)(c).

3. The Commission may adopt, if necessary, other transitional provisions in accordance with the
procedure referred to in Article 15(2).

Article 18

Fees

Member States may charge a fee to cover their costs, including those in curred in scrutinising
applications for registration, statements of objec tion, applications for amendments and requests for
cancellations under this Regulation.

10 Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical
indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC)
No 2081/92 (OJ L 148, 21.6.1996, p. 1). Regulation as last amended by Regulation (EC) No 704/2005 (OJ
L 118, 5.5.2005, p. 14).
11 Commission Regulation (EC) No 2400/96 of 17 December 1996 on the entry of certain names in the
'Register of protected designation of origin and protected geographical indications' provided for in Council
Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for
agricultural products and foodstuffs (OJ L 327, 18.12.1996, p. 11). Regulation as last amended by Regulation
(EC) No 417/2006 (OJ L 72, 11.3.2006, p. 8).
12 Commission Regulation (EC) No 383/2004 of 1 March 2004 laying down detailed rules for applying
Council Regulation (EEC) No 2081/92 as regards the summary of the main points of the product specifications
(OJ L 64, 2.3.2004, p. 16).

Article 19

Repeal

Regulation (EEC) No 2081/92 is hereby repealed.

References made to the repealed Regulation shall be construed as being made to this Regulation and
should be read in accordance with the correlation table in Annex III.

Article 20

Entry into force

This Regulation shall enter into forc e on the day of its publication in the Official Journal of the
European Union.

However, Article 8(2) shall apply with effect fro m 1 May 2009, without prejudice to products already
placed on the market before that date.

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

Done at Brussels, 20 March 2006.

 For the Council
 The President
 J. PRÖLL

ANNEX I

Foodstuffs referred to in Article 1(1)

– beers,

– beverages made from plant extracts,

– bread, pastry, cakes, confectionery and other baker's wares,

– natural gums and resins,

– mustard paste,

– pasta.

ANNEX II

Agricultural products referred to in Article 1(1)

– hay,

– essential oils,

– cork,

– cochineal (raw product of animal origin),

– flowers and ornamental plants,

– wool,

– wicker,

– scutched flax.

ANNEX III

CORRELATION TABLE

Regulation (EEC) No 2081/92 This Regulation
Article 1 Article 1
Article 2(1) –
Article 2(2) Article 2(1)
Article 2(3) Article 2(2)
Article 2(4) Article 2( 3), first subparagraph
Article 2(5) –
Article 2(6) Article 2(3), second subparagraph
Article 2(7) –
First, second and third subparagraphs of Article 3(1) First, second and third subparagraphs of Article 3(1)
Article 3(1), fourth subparagraph –
Article 3(2) Article 3(2)
Article 3(3) –
Article 4 Article 4
Article 5(1), (2) and (3) Article 5(1), (2) and (3)
Article 5(4) Article 5( 4), first subparagraph
Article 5(5), first subparagraph Article 5(4), second subparagraph
– Article 5(5)
Article 5(5), second subparagraph Article 5(6), first subparagraph
– Article 5(6), second subparagraph
Article 5(5), third subparagraph Article 5(6), third subparagraph
Article 5(5), fourth and fifth subparagraphs Article 5(6), fourth and fifth subparagraphs
Article 5(5) sixth, seventh and eighth subparagraphs –
– Article 5(7)
Article 5(6) Article 5(8)
– Article 5(9) and (10)
Article 6(1), first subparagraph Article 6(1), first subparagraph
Article 6(1), second subparagraph –
Article 6(1), third subparagraph Ar ticle 6(1), second subparagraph
Article 6(2) Article 6( 2), first subparagraph
Article 6(3) and (4) Article 7(4)
Article 6(5), first subparagraph Article 6(2), second subparagraph

Regulation (EEC) No 2081/92 This Regulation
Article 6(5), second subparagraph –
Article 6(6), first subparagraph –
Article 6(6), second subparagraph Article 3(3)
Article 7(1) Article 7(1)
Article 7(2) –
Article 7(3) Article 7( 2), first subparagraph
– Article 7(2), second and third subparagraph
Article 7(4) Article 7(3)
Article 7(5) Article 7(5)
– Article 7(6) and (7)
– Article 8(1)
Article 8 Article 8(2)
– Article 8(3)
Article 9, first subparagraph Article 9(1)
Article 9, second and third subparagraphs Article 9(2)
– Article 9(3) and (4)
– Article 10(1)
Article 10(1) –
Article 10(2) Article 11(1)
– Article 11(2)
Article 10(3) Article 11(3) and (4)
Article 10(4) –
Article 10(5) Article 10(3)
Article 10(6) Article 10(2)
Article 10(7) Article 11(1), second subparagraph
Article 11(1) to (3) –
Article 11(4) Article 12(1)
Article 11a(a) Article 12(2)
Article 11a(b) –
Articles 12 to 12d –
Article 13(1) Article 13(1)
Article 13(3) Article 13(2)
Article 13(4) Article 13(3), first subparagraph

Regulation (EEC) No 2081/92 This Regulation
– Article 13(3), second subparagraph
Article 13(5) Article 13(4)
Article 14(1) and (2) Article 14(1) and (2)
Article 14(3) Article 3(4)
Article 15 Article 15
Article 16 Article 16
– Articles 17 to 19
Article 18 Article 20
Annex I Annex I
Annex II Annex II