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
Date: 2004-03-01
Institutions: European Commission
Subjects: designation of origin, information, product designation, product quality

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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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2081/92 of 14
July 1992 on the protection of geographical
indications and
designations of origin for agricultural products and food-
stuffs (1), and in particular Article 16 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

According to Article 4 of Regulation (EEC) No 2081/92,
a product or foodstuff must comply with a specification
in order to be eligible to use a protected designation of
origin (PDO) or a protected geographical
indication
(PGI). The specification is submitted to the Commission.

Article 6(2) of Regulation (EEC) No 2081/92 requires
the Commission, if it concludes that the name qualifies
for protection, to publish in the Official Journal of the
European Union the name and address of the applicant,
the name of the product, the main points of the applica-
tion, the references to national provisions governing the
preparation, production or manufacture of the product
and,
if necessary, the grounds for its conclusions, to
enable any objections to be raised.

That procedure also applies to requests for the amend-
ment of a specification pursuant to Article 9 of Regu-
lation (EEC) No 2081/92.

for names

To ensure the transparency of the requirements in the
listed in the Register of
specifications
protected designations of origin and protected geogra-
phical indications set up in accordance with Article 6(3)
of Regulation (EEC) No 2081/92, a summary of the
main points of each specification as provided for in
Article 4(2) of that Regulation should be published in
the Official Journal of the European Union.

The summary is to be used for applications for registra-
tion pursuant to Article 5 of Regulation (EEC) No 2081/
92.

The summary should be updated each time an amend-
ment of a specification is adopted pursuant to Article 9
of the Regulation and each update should be published
in the Official Journal of the European Union.

(1) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

Applications for registration pursuant to Article 17 of
Regulation (EEC) No 2081/92 are examined by the
Committee provided for in Article 15 of that Regulation
on the basis of these same data. These summaries should
be published by stages in the Official Journal of the Euro-
pean Union. To that end,
the Member States should
ensure that they comply with the specimen summary
and, where necessary, transmit duly drawn up summa-
ries to the Commission.

(8)

(9)

A single standard form should be laid down for the
presentation of summaries of specifications for designa-
tions of origin and geographical indications for publica-
tion in the Official Journal of the European Union.

The measures provided for in this Regulation are in
the Regulatory
accordance with the opinion of
Committee on the Protection of Geographical
Indica-
tions and Designations of Origin for Agricultural
Products and Foodstuffs,

HAS ADOPTED THIS REGULATION:

Article 1

For each designation of origin and geographical
indication
within the meaning of Regulation (EEC) No 2081/92, a
summary shall be drawn up in accordance with the form in
Annex I to this Regulation.

The summary shall include the main points of the specification
in accordance with Article 4(2) of that Regulation.

Point 3 of the summary shall indicate the type of product in
accordance with the classification in Annex II.

All
the main requirements for production and marketing,
including operations that are required to take place in the
geographical area concerned, shall be clearly indicated, prefer-
ably in point 4.5 of the summary (Method of production),

Article 2

The Member States shall ensure that a summary as provided
for in Article 1 is duly drawn up and transmitted to the
Commission

— with each application for registration of a protected desig-
nation of origin or a protected geographical indication,

— with each request for amendment of the specification for
an already registered designation of origin or geographical
indication, where the proposed amendment would involve
amending the summary,

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— by stages, for each designation of origin and geographical
to Regulation (EEC) No

indication registered pursuant
2081/92.

Article 3

The Member States shall ensure that their competent authori-
ties transmit all requests for the amendment of a specification
to the Commission together with the form in Annex III,
including the updated summary where applicable.

Article 4

The Commission shall publish the summary and any amend-
ment thereof in the Official Journal of the European Union.

Article 5

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Union.

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

Done at Brussels, 1 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

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ANNEX II

Classification of agricultural products and foodstuffs referred to in Article 1(1) of Council Regulation (EEC) No
2081/92

I.

Products listed in Annex I to the EC Treaty, intended for human consumption:

Group 1.1.: Fresh meat (and offal)

Group 1.2.: Meat products (cooked, salted, smoked, etc.)

Group 1.3.: Cheese

Group 1.4.: Other products of animal origin (eggs, honey, various milk products, not including butter)

Group 1.5.: Oils and fats (butter, margarine, oil, etc.)

Group 1.6.: Fruit, vegetables and cereals, fresh or processed

Group 1.7.: Fresh fish, molluscs and crustaceans and products derived therefrom

Group 1.8.: Other Annex I products (spices, etc.)

II. Foodstuffs referred to in Annex I to Regulation (EEC) No 2081/92:

Group 2.1.: Beer

Group 2.2.: Natural mineral waters and spring waters

Group 2.3.: Beverages made from plant extracts

Group 2.4.: Bread, pastry, cakes, confectionery, biscuits and other baker's wares

Group 2.5.: Natural gums and resins

Group 2.6.: Mustard paste

Group 2.7.: Pasta

III. Agricultural products referred to in Annex II to Regulation (EEC) No 2081/92:

Group 3.1.: Hay

Group 3.2.: Essential oils

Group 3.3.: Cork

Group 3.4.: Cochineal (raw product of animal origin)

Group 3.5.: Flowers and ornamental plants

Group 3.6.: Wool

Group 3.7.: Osier

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ANNEX III