Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 1996-06-12
Institutions: European Commission
Subjects: agricultural product, designation of origin, foodstuff, industrial property, product designation

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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Brussels,  12.06.1996 
COM(96) 266  final 

96/0159 (CNS) 

Proposal  for a 
COUNCIL  REGULATION ŒC) 
amending  Regulation  (EEC) No 2081/92  on the protection  of geographical  indications 
and designations of origin  for agricultural  products and  foodstuffs 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Article  13(2) of Regulation  (EEC)  No 2081/92 on the protection  of geographical  indications 
and  designations  of  origin  for  agricultural  products  and  foodstuffs  specifies  a  maximum 
transitional  period  of  five  years  from  the  date  of the  Regulation's  publication  during  which 
Member  States  may  on  certain  terms  maintain  national  measures  authorizing  the  use  of 
expressions  covered  by  Article  13(l)(b). 

The  first  proposal  to  register  geographical  indications  and  designations  of  origin,  notified 
under the simplified  procedure provided  for  in  Article  17 of Regulation  (EEC) No 2081/92, 
was  presented  to  the  Council  (under  the  fourth  paragraph  of  Article  15 of  the  Regulation) 
only  in  March  1996,  owing  to  the  amount  of  time  needed  to  examine  all  applications  and 
obtain  further  information.  Registration  of  a name  under  the  Regulation  means that  its  use 
is  reserved  to  undertakings  located  in  the  area  indicated  in  the  product  specification, 
i.e.  other  undertakings cannot use it and must modify  their trading practices accordingly. The 
economic  implications  of  registration  can  therefore  be  serious  and  for  that  reason  a 
transitional  period  for  adjustment  to the Regulation  was specified  in  its Article  13(2). 

The Commission considers that since the transitional  period is due to expire on 25 July  1997 
its utility  needs to be maintained  by altering its commencement  date from  that  on which  the 
Regulation  was published,  i.e.  24 July  1992, to that  on which the names were  registered. 

Furthermore, given that the prohibition provided for in Article  13(l)(a) may overlap with that 
provided  for  in  point  (b),  the  adjustment  period  should  also  apply  to  Article  13(l)(a)  of 
Regulation  (EEC) No 2081/92  and  not just  to  paragraph  1(b) of that  Article. 

Given  that  existing  names,  used  in the  Member  States,  are those  notified  under  Article  17, 
the transitional  period  should  apply  only  to names registered  under that  Article  so as not to 
prejudice  producers when  granting them  the adjustment  period. 

Proposal  for a 
COUNCIL  REGULATION  (EC) 
amending Regulation  (EEC) No 2081/92  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  European  Community,  and  in  particular 
Article 43  thereof, 

Having regard to the proposal  from the Commission(1), 

Having regard to the opinion  of the European Parliament^, 

Having regard to the opinion  of the Economic  and Social Committee(3), 

Whereas  Article  13(2)  of  Council  Regulation  (EEC)  No  2081/92(4),  as  amended  by  the 
Act of Accession of Austria, Finland and Sweden, provides for a transitional  period of up to 
five  years  from  the  publication  of  that  Regulation  during  which  the  Member  States  may 
maintain  national  measures  authorizing  the  use  of  the  expressions  referred  to  in 
paragraph  1(b) of that Article under certain conditions; whereas Regulation (EEC) No 2081/92 
was  published  on 24  July  1992; whereas the transitional  period will  accordingly  expire on 
25 July  1997; 

Whereas  the  first  proposal  for  registration  of  geographical  indications  and  designations  of 
origin was only submitted to the Council in March  1996 and the greater part of the five-year 
transitional period has passed; whereas, in order to maintain the full effect  of that transitional 
period, the date of commencement of the five-year  period should be amended to start on the 
date of registration of the names; whereas provision should also be made for the transitional 
period also to apply to point (a) of Article  13(1) of Regulation (EEC) No 2081/92, given that 
the prohibition  provided for in that point may  overlap that provided  for  in point (b) of the 
same paragraph; 

Whereas the transitional  period  should  apply  only  to  names registered under  Article  17 of 
Regulation  (EEC)  No  2081/92,  since  the  granting  of  this  adjustment  period  should  not 
prejudice producers with regard to existing names already used in the Member States, 

(1)  OJ No 
(2)  OJ No 
(3)  OJ No 
(4)  OJ No L 208, 24.7.1992, p. 1. 

HAS  ADOPTED THIS REGULATION: 

Article 1 

Article  13(2) of Regulation  (EEC) No 2801/92  is hereby  replaced by the following: 

"Notwithstanding  points  (a)  and (b)  of  paragraph  1,  Member  States may  maintain national 
measures authorizing the use of names registered under Article  17 for a period of not more 
than five years from the date of publication  of  registration,  provided that: 

the products have been marketed legally using such names for at least five years before 
the date of publication of this Regulation; 

the labelling  clearly  indicates the true origin of the product. 

However, this derogation may not lead to the marketing of products freely  on the territory of 
a Member State where such names are prohibited." 

Article 2 

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

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

Done at Brussels, 

For the Council 
The President 

ISSN 0254-1475 

COM(96) 266 final 

DOCUMENTS 

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ISBN 92-78-05556-5 

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