Council Regulation (EC) No 692/2003 of 8 April 2003 amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 2003-04-08
Institutions: Council of the European Union
Subjects: agricultural product, designation of origin, foodstuff, location of production, preparation for market

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 692/2003

of 8 April 2003

amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designa-
tions of origin for agricultural products and foodstuffs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

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

(3)

Having regard to the opinion of the European Parliament (2),

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

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

Council Regulation (EEC) No 2081/92 (5) covers neither
viticultural products nor spirit drinks; however in order
to avoid a gap in the Community's protection provisions
wine vinegar should be included in the scope defined in
Article 1 thereof. To meet the expectations of some
producers, it has also proved necessary to extend the list
of agricultural products referred to in Annex II to Regu-
lation (EEC) No 2081/92. It is also appropriate to extend
the list referred to in Annex I to the said Regulation to
include foodstuffs resulting from products in Annex I to
the Treaty which have only undergone a slight transfor-
mation.

Annex I to Regulation (EEC) No 2081/92 listing the
types of foodstuff that may be registered includes natural
mineral waters and spring waters. Examination of regis-
tration applications for these has revealed several diffi-
culties: the use of identical names for different waters
and of invented names not covered by the provisions of
the said Regulation, and a finding that these products

(1) OJ C 181 E, 30.7.2002, p. 275
(2) Opinion delivered on 5 December 2002 (not yet published in the

Official Journal).

(3) OJ C 241, 7.10.2002, p. 57.
(4) Opinion delivered on 31 July 2002 (not yet published in the Official

Journal).

are not suitable for registration under the said Regula-
tion, notably in view of the consequences of Article 13.
These difficulties have led to many clashes of interest in
the course of work on implementation of the said Regu-
lation.

adequate

Mineral and spring waters are already the subject of
Council Directive 80/777/EEC of 15 July 1980 on
approximation of the laws of the Member States relating
to the exploitation and marketing of natural mineral
waters (6). Even if that Directive does not have exactly
the same purpose as Regulation (EEC) No 2081/92, it
does nevertheless provide
regulation at
Community level; names of mineral and spring waters
should not therefore be registered. Mineral and spring
waters should therefore be deleted from Annex I to
Regulation (EEC) No 2081/92. Some names have already
been registered in Commission Regulation (EEC) No
1107/96 of 12 June 1996 on registration of geogra-
phical indications and designations of origin under the
procedure set out in Article 17 of Council Regulation
(EEC) No 2081/92 (7), and to avoid any injury there
should be a transition period until 31 December 2013
after which these names will no longer be on the register
specified in Article 6(3) of Regulation (EEC) No 2081/
92.

(4)

(5)

list of

Article 4 of Regulation (EEC) No 2081/92 contains a
non-exhaustive
information which any
the
product specification should include. In certain cases, so
as to preserve the typical characteristics of products or
to ensure their traceability or control, packaging must
take place in the defined geographical area. The possibi-
lity of including provisions relating to packaging in the
specification, when such circumstances are
product
present and are justifiable, should be explicitly provided
for.

To protect the traditional heritage of Member States'
producers, appropriate provisions should be made for
regulating cases where of geographical names are
entirely or partially homonymous. These provisions
should cover both names meeting the registration
requirements and those not doing so but meeting certain
precisely established utilisation requirements.

(6) OJ L 229, 30.8.1980, p. 1. Directive last amended by Directive 96/

70/EC (OJ L 299, 23.11.1996, p. 26).

(5) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2796/2000 (OJ L 324, 21.12.2000, p. 26).

(7) OJ L 148, 21.6.1996, p. 1. Regulation last amended by Regulation

(EC) No 2703/2000 (OJ L 311, 12.12.2000, p. 25).

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(6)

(7)

(8)

(9)

Article 10 should be amended to refer to standard EN
45011 in such a way as to provide for any future
amendments.

If after showing good reason a group or a natural or
legal person wishes to give up the registration of a
geographical
that
name should be deleted from the Community register.

indication or designation of origin,

The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement 1994, contained in
Annex 1C to the Agreement establishing the World
Trade Organisation) contains detailed provisions on the
existence, acquisition, scope, maintenance and enforce-
ment of intellectual property rights.

The protection provided by registration under Regula-
tion (EEC) No 2081/92 is open to third countries' names
by reciprocity and under equivalence conditions as
provided for in Article 12 of
that Regulation. That
Article should be supplemented so as to guarantee that
the Community registration procedure is available to the
countries meeting those conditions.

that

it should be made clear

(10) Article 7 of Regulation (EEC) No 2081/92 specifies how
objections are to be made and dealt with. To satisfy the
obligation resulting from Article 22 of the TRIPS Agree-
in this matter
ment
nationals of WTO member countries are covered by
these arrangements and that the provisions in question
apply without prejudice to international agreements, as
provided for in Article 12 of the said Regulation. The
right of objection should be granted to WTO member
countries' nationals with a legitimate interest on the
same terms as laid down in Article 7(4) of the said Regu-
lation. Compliance with these terms must be demon-
strated in relation to the territory of the Community, this
being the territory in which protection granted under
the Regulation applies.

(11) Article 24(5) of the TRIPS Agreement applies not only
to trademarks registered or applied for but also those to
which rights have been acquired through use before a
specified date, notably that of protection of the name in
the country of origin. Article 14(2) of Regulation (EEC)
No 2081/92 should therefore be amended: the reference
date now specified should be changed to the date of
protection in the country of origin or of submission of
the application for registration of the geographical indi-
cation or designation of origin, depending on whether
the name falls under Article 17 or the Article 5 of that
Regulation; also, in Article 14(1) thereof the reference
date should become the date of application instead of
the date of first publication.

(12)

(13)

The measures necessary for implementation of Regula-
tion (EEC) No 2081/92 should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (1).

The simplified procedure provided for in Article 17 of
Regulation (EEC) No 2081/92 for the registration of
names already protected or established by usage in
Member States does not provide for any right of objec-
tion. For reasons of legal security and transparency it
should be deleted. For reasons of consistency the five-
year transition period provided for in Article 13(2) in
the case of names registered under Article 17 should
also be deleted but without prejudice to exhaustion of
that period in regard to the names already registered.

(14)

Regulation (EEC) No 2081/92 should therefore be
amended as indicated above,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2081/92 is hereby amended as follows:

1. Article 1(1) shall be replaced by the following:

‘1.
This Regulation lays down rules on the protection of
designations of origin and geographical indications of agri-
cultural products
intended for human consumption
referred to in Annex I to the Treaty and of the foodstuffs
referred to in Annex I to this Regulation and the agricul-
tural products referred to in Annex II to this Regulation.

However, this Regulation shall not apply to wine-sector
products, except wine vinegars, or to spirit drinks. This
paragraph shall be without prejudice to the application of
Regulation (EC) No 1493/1999 on the common organisa-
tion of the market in wine.

Annexes I and II to this Regulation may be amended using
the procedure specified in Article 15.’

2. Article 4(2)(e) shall be replaced by the following:

if appropriate,

‘(e) a description of the method of obtaining the agricul-
tural product or foodstuff and,
the
authentic and unvarying local methods as well as
information concerning the packaging,
if the group
making the request determines and justifies that the
packaging must take place in the limited geographical
area to safeguard quality, ensure traceability or ensure
control.’

(1) OJ L 184, 17.7.1999, p. 23.

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3. The last subparagraph of Article 5(5) shall be replaced by

6. The following subparagraphs shall be added to Article

the following:

10(3):

‘If the application concerns a name that also designates a
border geographical area, or a traditional name connected
to that geographical area, situated in another Member State
or in a third country recognised under the procedure
provided for in Article 12(3), the Member State to which
the application was sent shall consult the Member State or
the third country concerned before transmitting the appli-
cation.

If, following consultations, the groups or natural or legal
persons from the States concerned agree on an overall
solution, the States concerned may submit a joint applica-
tion for registration to the Commission.

‘The standard or the applicable version of standard EN
45011, whose requirements private bodies must fulfil for
approval purposes, shall be established or amended in
accordance with the procedure laid down in Article 15.

The equivalent standard or the applicable version of the
equivalent standard in the case of third countries recog-
nised pursuant
to Article 12(3), whose requirements
private bodies must fulfil for approval purposes, shall be
established or amended in accordance with the procedure
laid down in Article 15.’

7. The following shall be added to Article 11(4):

‘Notice of cancellation shall be published in the Official
Journal of the European Union.’

Specific provisions may be adopted by the procedure laid
down in Article 15.’

8. The following Article shall be added after Article 11:

4. The following subparagraph shall be added after Article

6(1):

‘The Commission shall make public any application for
registration, stating the date on which the application was
made.’

5. The following paragraph shall be added to Article 6:

‘6.
If the application concerns a homonym of an already
registered name from the European Union or a third
country recognised in accordance with the procedure in
Article 12(3), the Commission may request the opinion of
the Committee provided for in Article 15 prior to registra-
tion under paragraph 3 of this Article.

A homonymous name meeting the requirements of this
Regulation shall be registered with due regard for local and
traditional usage and the actual risk of confusion, in parti-
cular:

— a homonymous name which misleads the public into
believing that products come from another territory
shall not be registered even if the name is accurate as
far as its wording is concerned for the actual territory,
region or place of origin of the agricultural products or
foodstuffs in question;

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

‘Article 11a

In accordance with the procedure laid down in Article 15,
the Commission may cancel the registration of a name in
the following cases:

(a) Where the State which submitted the original applica-
tion for registration checks that a request for cancella-
tion, submitted by the group or by a natural or legal
person concerned,
is justified and forwards it to the
Commission.

(b) For well-founded reasons, where compliance with the
specifications laid down for an agricultural product or
a foodstuff bearing a protected name can no longer be
ensured.

Specific provisions may be adopted by the procedure laid
down in Article 15.

Notice of cancellation shall be published in the Official
Journal of the European Union.’

9. In Article 12, the second indent of paragraph 1 shall be

replaced by the following:

‘— the third country concerned has inspection arrange-
ments and a right to objection equivalent to those laid
down in this Regulation,’

10. In Article 12, the following paragraph shall be added:

The Commission shall examine, at the request of the
‘3.
country concerned, and in accordance with the procedure
laid down in Article 15 whether a third country satisfies
the equivalence conditions and offers guarantees within
the meaning of paragraph 1 as a result of its national legis-
lation. Where the Commission decision is in the affirma-
tive, the procedure set out in Article 12a shall apply.’

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11. The following Articles shall be added after Article 12:

‘Article 12a

In the case provided for in Article 12(3), if a group
1.
or a natural or legal person as referred to in Article 5(1)
and (2) in a third country wishes to have a name registered
under this Regulation it shall send a registration applica-
tion to the authorities in the country in which the geogra-
phical area is located. Applications must be accompanied
by the specification referred to in Article 4 for each name.

If the application concerns a name that also designates a
border geographical area or a traditional name connected
to that geographical area in a Member State, the third
country to which the application was sent shall consult the
Member State concerned before transmitting the applica-
tion.

If, following consultations, the groups or natural or legal
persons from the States concerned agree on an overall
solution, the said States may submit a joint application for
registration to the Commission.

Specific provisions may be adopted by the procedure laid
down in Article 15.

2.
If the third country referred to in paragraph 1 deems
the requirements of this Regulation to be satisfied it shall
transmit the registration application to the Commission
accompanied by:

(a) a description of the legal provisions and the usage on
the basis of which the designation of origin or the
geographical
indication is protected or established in
the country,

(b) a declaration that the structures provided for in Article

10 are established on its territory, and

(c) other documents on which it has based its assessment.

3.
The application and all documents forwarded to the
Commission shall be in one of the official Community
languages or accompanied by a translation into one of the
official Community languages.

Article 12b

1.
The Commission shall verify within six months
whether the registration request sent by the third country
contains all the necessary elements and shall inform the
country concerned of its conclusions.

If the Commission:

(a) concludes that the name satisfies the conditions for
it shall publish the application in accor-
protection,
dance with Article 6(2). Prior
to publication the
Commission may ask the Committee provided for in
Article 15 for its opinion;

(b) concludes that the name does not satisfy the conditions
for protection,
it shall decide, after consulting the
country having transmitted the application, in accor-
dance with the procedure provided for in Article 15,
not to proceed with publication as provided for in (a).

2. Within six months of
the date of publication as
provided for in paragraph 1(a), any natural or legal person
with a legitimate interest may object to the application
published in accordance with paragraph 1(a) on the
following terms:

(a) where the objection comes from a Member State of the
European Union or a WTO member, Article 7(1), (2)
and (3) or Article 12d respectively shall apply;

(b) where the objection comes from a third country
meeting the equivalence conditions of Article 12(3), a
duly substantiated statement of objection shall be
addressed to the country in which the abovementioned
natural or legal person resides or is established, which
shall forward it to the Commission.

The statement of objection and all documents forwarded
to the Commission shall be in one of the official Commu-
nity languages or accompanied by a translation into one of
the official Community languages.

3.
The Commission shall examine admissibility in
accordance with the criteria set out in Article 7(4). Those
criteria must be demonstrated in regard to the territory of
the Community. Where one or more objections are admis-
sible the Commission shall adopt a decision in accordance
with the procedure laid down in Article 15 after consulting
the country which transmitted the application,
taking
account of traditional and fair usage and the actual risk of
confusion on Community territory. If the decision is to
proceed with registration the name shall be entered in the
register provided for in Article 6(3) and published in accor-
dance with Article 6(4).

If the Commission receives no statement of objection
4.
it shall enter the name(s)
in question in the register
provided for in Article 6(3) and publish the name(s) as
provided for in Article 6(4).

Article 12c

The group or natural or legal person referred to in Article
5(1) and (2) may request amendment of the specification
for a name registered under Articles 12a and 12b, in parti-
cular to take account of the development of scientific and
technical knowledge or to revise the geographical zone.

The procedure in accordance with Articles 12a and 12c
shall apply.

However, the Commission may decide, in accordance with
the Article 15 procedure, not
to apply the procedure
provided for in Articles 12a and 12b if the amendment is
of a minor nature.

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Article 12d

1. Within six months of the date of the notice in the
Official Journal of the European Union specified in Article
6(2) relating to a registration application submitted by a
Member State, any natural or legal person that has a legiti-
mate interest and is from a WTO member country or a
third country recognised under the procedure provided for
in Article 12(3) may object to the proposed registration by
sending a duly substantiated statement to the country in
which it resides or is established, which shall transmit it,
made out or translated into a Community language, to the
Commission. Member States shall ensure that any person
from a WTO member country or a third country recog-
nised under the procedure provided for in Article 12(3)
who can demonstrate a legitimate economic interest is
authorised to consult the application.

2.
The Commission shall examine the admissibility of
objections in accordance with the criteria laid down in
Article 7(4). These criteria must be proved and assessed
with regard to the territory of the Community.

3.
If an objection is admissible the Commission shall,
after consulting the country that transmitted the objection,
adopt a decision using the procedure specified in Article
15, taking account of traditional and fair usage and the
actual risk of confusion. If the decision is to proceed with
registration, publication shall be made in accordance with
Article 6(4).’

of a registered name and an unregistered name desig-
nating a place in a Member State or in a third country
recognised under the procedure provided for in Article
12(3) where that name is identical to the registered
name, provided that the following conditions are met:

— the identical unregistered name has been in legal
use consistently and equitably for at least 25 years
prior to the entry into force of Regulation (EEC)
No 2081/92, and

— 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 public has not been
nor could be misled as to the true origin of the
product, and

— 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 years, 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.’

12. Article 13 shall be amended as follows:

(a) Paragraph 4 shall be replaced by the following:

‘4.
In the case of names for which registration has
been applied for under Article 5 or Article 12a, provi-
sion may be made for a maximum transitional period
of five years under Article 7(5)(b) or under Article
12b(3) or Article 12d(3), solely where a statement of
objection has been declared admissible on the ground
that
the proposed name would
jeopardise the existence of an entirely or partly
homonymous 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).

the registration of

Such transitional period may be provided for only
where undertakings have legally marketed the products
in question by using the names in question continu-
ously for at least five years preceding the date of the
publication provided for in Article 6(2).’

(b) The following paragraph shall be added:

‘5. Without prejudice to the application of Article
14, the Commission may decide to allow, under the
procedure provided for in Article 15, the coexistence

13. Article 14 shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

‘1. Where a designation of origin or geographical
indication is registered under
this Regulation, any
application for registration of a trademark that is for a
product of
the same type and use of which will
engender one of the situations indicated in Article 13
shall be refused if made after the date of submission to
the Commission of the application for registration of
the designation of origin or geographical indication.

Trademarks registered in breach of the first subpara-
graph shall be invalidated.’

(b) Paragraph 2 shall be replaced by the following:

‘2. With due regard to Community law, a trademark
the use of which engenders one of the situations indi-
cated in Article 13 and which has been applied for,
registered, or established by use, if that possibility is
provided for by the legislation concerned, in good faith
within the territory of the Community, before either
the date of protection in the country of origin or the
date of submission to the Commission of the applica-
tion for registration of the designation of origin or
geographical
indication, may continue to be used
notwithstanding the registration of a designation of
indication, provided that no
origin or geographical

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grounds for its invalidity or revocation exist as speci-
fied by Council Directive 89/104/EEC of 21 December
1998 to approximate the laws of the Member States
relating to trade marks (*) and/or Council Regulation
(EC) No 40/94 of 20 December 1993 on the Commu-
nity trade mark (**).

(*) OJ L 40, 11.2.1989, p. 1.
(**) OJ L 11, 14.1.1994, p. 1.’

14. Article 15 shall be replaced by the following:

‘Article 15

1.
The Commission shall be assisted by the Committee
on Designations of Origin and Geographical Indications
composed of Member States' representatives and chaired
by a Commission representative.

2. Where reference is made to this Article, 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 rules of procedure.

The Committee may examine any other matter put
4.
to it by its Chairman on his own initiative or at the request
of a Member State's representative.’

15. Article 13(2) and Article 17 shall be deleted. However, the
provisions of these Articles shall continue to apply to
registered names or to names for which a registration
application was made by the procedure provided for in
Article 17 before this Regulation entered into force.

16. Annexes I and II shall be replaced by Annexes I and II to

this Regulation.

Article 2

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

Without prejudice to point 16 of Article 1, Articles 5 and 17
shall continue to apply to applications for the registration of
names of natural mineral and spring waters where applications
for registration were made before this Regulation came into
force.

Those natural mineral and spring waters which have already
been registered and those which might possibly be registered
by virtue of the application of the second paragraph shall
continue to appear in the register provided for in Article 6(3)
from the
of Regulation (EEC) No 2081/92 and to benefit
protection accorded by that Regulation until 31 December
2013.

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

Done at Luxembourg, 8 April 2003.

For the Council

The President

G. DRYS

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ANNEX I

‘ANNEX I

Foodstuffs referred to in Article 1(1):

— Beer

— Beverages made from plant extracts

— Bread, pastry, cakes, confectionery and other baker's wares

— Natural gums and resins

— Mustard paste

— Pasta.’

ANNEX II

‘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

— Osier.’