Commission Regulation (EC) No 918/2004 of 29 April 2004 introducing transitional arrangements for the protection of geographical indications and designations of origin for agricultural products and foodstuffs in connection with the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-04-29
Institutions: European Commission
Subjects: accession to the European Union, agricultural product, designation of origin, foodstuff, transitional period (EU)

L 163/88

EN

Official Journal of the European Union

30.4.2004

COMMISSION REGULATION (EC) No 918/2004

of 29 April 2004

introducing transitional arrangements for the protection of geographical indications and designa-
tions of origin for agricultural products and foodstuffs in connection with the accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular Article 41 thereof,

phical indications and designations of origin, provision
should be made for these Member States to uphold the
national protection existing on 30 April 2004 until a
decision has been taken under Article 6 of Regulation
(EEC) No 2081/92, provided that an application for
registration under that Regulation has been sent to the
Commission by 31 October 2004.

(5)

The measures provided for in this Regulation are in
the Regulatory
accordance with the opinion of
Committee on the protection of geographical indications
and designations of origin,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

Council Regulation (EEC) No 2081/92 of 14 July 1992
on the protection of geographical indications and desig-
nations of origin for agricultural products and food-
stuffs (1) institutes a Community system of protection for
geographical indications and designations of origin and
creates a Community register of protected geographical
indications and designations of origin.

Article 5(5) of Regulation (EEC) No 2081/92 provides,
however, that geographical indications and designations
of origin may be given transitional national protection
by Member States from the date on which applications
for registration of such names are sent to the Commis-
sion. The consequences of such national protection in
cases where a name is not registered at Community level
are entirely the responsibility of
the Member State
concerned.

Following the accession of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, the geographical indications and
designations of origin of these countries (hereinafter ‘the
new Member States’) may therefore be registered at
Community level under Article 5 of Regulation (EEC) No
2081/92 and protected under Article 13.

(4)

In order to facilitate the submission of applications to
the Commission from the new Member States and
the relevant geogra-
ensure continuing protection of

(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).

Article 1

The national protection of geographical indications and desig-
nations of origin within the meaning of Regulation (EEC) No
2081/92 existing in the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia
and
Slovakia on 30 April 2004 may be upheld by those Member
States until 31 October 2004.

Where an application for registration under Regulation (EEC)
No 2081/92 is forwarded to the Commission by 31 October
2004, such protection may be upheld until a decision has been
taken in accordance with Article 6 of that Regulation.

The consequences of such national protection in cases where
the name is not registered at Community level are entirely the
responsibility of the Member State concerned.

Article 2

This Regulation shall enter into force on 1 May 2004, subject
to the entry into force of the Treaty of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

30.4.2004

EN

Official Journal of the European Union

L 163/89

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission