Proposal for a Council Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 2005-01-05
Institutions: European Commission
Subjects: agricultural product, consumer protection, designation of origin, foodstuff, labelling, location of production, product designation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.1.2006 
COM(2005) 698 final/2 

2005/0275 (CNS) 

CORRIGENDUM:  Annule  et  remplace  le  document  COM(2005) 698  final  du  23.12.2005 
pour  raison  technique.  Cette  correction  concerne  seulement  les  versions  linguistiques 
suivantes: EN, FR et DE. 

Proposal for a 

COUNCIL REGULATION 

on the protection of geographical indications and designations of origin  
for agricultural products and foodstuffs 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

As  of  24  July  1993  Council  Regulation (EEC)  No  2081/92  of  14  July  1992  on  the 
protection  of  geographical  indications  and  designations  of  origin  for  agricultural 
products  and  foodstuffs  instituted  a  voluntary  Community  system  of  protection  on 
Community  territory  for  geographical  indications  and  designations  of  origin.  This 
voluntary  system  gives  interested  producers  the  possibility  of  protecting  certain 
names  by  registering  them.  The  protection  provided  by  the  system  consists  in 
reserving  the  use  of  these  designations  of  origin  and  geographical  indications  for 
agricultural products and  foodstuffs  which  have  been  produced and/or processed in 
the  regions  or  places  designated  by  these  names,  subject  to  specific  conditions 
concerning their production/processing/preparation laid down by the producers. 

The desire of operators to protect agricultural products and foodstuffs identifiable by 
their  geographic  origin  had  led  some  Member  States  to  develop  “registered 
designations of origin”. The objective of the Community scheme was to harmonise 
the  disparate  national  approaches  to  food  products  other  than  wines  and  spirits  — 
covered  by  other  Community  rules —  thus  assuring  operators  of  fair  competition, 
strong and effective protection against misuse and imitation of the names concerned 
and ultimately giving greater credibility to the products qualifying for a designation 
of origin or a geographical indication.  

Since 1993, more than 700 names, designating inter alia over 150 cheeses, 160 meat 
and meat-based products, 150 fresh or processed fruits or vegetables and 80 types of 
olive  oil,  have  been  registered  in  this  context.  The  Commission  has  also  received 
over  300  further  applications  for  the  registration  of  names  and/or  amendments  to 
specifications  from  Member  States  and  third  countries.  These  facts  show  that  this 
voluntary scheme has been clearly welcomed in the Community. The definition of a 
common  Community  symbol  has  also  helped  consumers  to  start  recognising  the 
Community protection scheme concerned. 

The  procedure  for  registering  new  names  originating  in  the  Community  comprises 
two stages. The first is carried out at national level by the authorities of the Member 
State  where  the  geographical  area  concerned  is  located;  the  second,  which  is 
conducted at Community level by the Commission, involves an  examination of the 
application in order to check that it meets the conditions laid down in the Regulation 
and an objection procedure under which, following publication of the main details of 
the  application,  any  operator  may  object  to  the  registration  on  the  basis  of  specific 
criteria.  Experience  acquired  in  performing this  procedure  shows,  on  the  one  hand, 
that it can lead to an overlap of the work carried out by the Member States and the 
Commission; on the other hand, those two stages can entail the complex examination 
of  sometimes  very  voluminous  files,  the  structure  and  content  of  which  of  course 
vary widely from one application to another. Moreover, those two stages can entail 
the  complex  examination  of  sometimes  very  voluminous  files,  the  structure  and 
content  of  which  of  course  vary  widely  from  one  application  to  another.  In  these 
circumstances,  the  procedures  should  be  streamlined  and  the  responsibilities  of  the 
different authorities involved in examining applications should be clarified in order 
to  enhance  the  transparency  of  applications  and  the  equality  of  treatment  among 
applicants. 

5. 

In addition, following the lodging of complaints WT/DS174 and WT/DS290 with the 
World  Trade  Organisation  (WTO)  by  the  United  States  and  Australia  respectively, 

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the  WTO  Dispute  Settlement  Body  (DSB)  adopted  on  20  April 2005  the  Panel 
Reports on the European Communities - Protection of trademarks and geographical 
indications  for  agricultural  products  and  foodstuffs.  Those  Reports  conclude  that 
Regulation  (EEC)  No  2081/92  is  incompatible  with  Article  3:1  of  the  TRIPS 
Agreement and with Article III:4 of GATT 1947. The DSB based this finding on the 
reciprocity  and  equivalence  conditions  set  out  in  Articles  12  et  seq.  of  Regulation 
(EEC) No 2081/92, on the fact that the procedures for requesting registration and for 
objecting  which  apply  to  third  countries  require  the  involvement  (examination  and 
transmission)  of  third  country  governments,  and  on  the  existence  of  instructions 
requiring third-country governments to participate in checks. It is necessary to bring 
that  Regulation  into  line  with  the  TRIPS  Agreement  and  GATT  1994  by  the 
deadlines agreed with the other parties concerned. 

A  first  amendment  priority  lies  in  defining  more  clearly  the  key  information  to  be 
officially  published  prior  to  registration  in  order  to  permit,  on  the  one  hand,  any 
operator  to  exercise  his  or  her  right  of  objection  and,  on  the  other,  the  authorities 
responsible for checking to guarantee ex officio protection for the names registered in 
each  Member  State.  This  information,  which  is  contained  in  a  single  document, 
covers  inter  alia  the  actual  name,  a  description  of  the  product  for  verification, 
labelling  and  presentation  purposes  (including,  in  this  respect,  any  packaging 
restrictions outside the area of origin and the justification for such restrictions), and 
proof  of  the  link  between  the  product  and  its  geographical  origin.  A  standardised, 
comprehensive presentation of those elements will make it possible to ensure greater 
homogeneity  and  equal  treatment  for  applications,  while  guaranteeing  that  all  the 
elements  which  are  to  be  made  fully  transparent  to  operators  located  outside  the 
defined area are mentioned. 

A  second  amendment  priority  lies  in  defining  more  clearly  the  distribution  of 
responsibilities between the Member States and the Commission in this area. For any 
application covering a specific Community area, the Member State is in fact obliged 
to ensure that the application meets the conditions of the Regulation. The existence 
of  a  subsequent  examination  by  the  Commission  could  not  exempt  the  Member 
States from fulfilling their obligations in this connection. It should be specified that 
this responsibility includes the need to make public any plan by a Member State to 
transmit  to  the  Commission  a  request  which  satisfies  the  conditions  of  the 
Regulation,  so  that  any  operators  established  on  the  territory  of  that  State  may 
exercise a right of objection which, according to the case law on the subject (order of 
26 October 2000 delivered by the Court in Case C-447/98 Molkerei Grossbraunshain 
and Bene Nahrungsmittel v Commission), they may not exercise at Community level. 

The Commission's responsibilities consist in verifying by appropriate means that the 
conditions of this Regulation are satisfied before deciding whether or not to publish 
the  elements  mentioned  above  and,  following  the  objection  procedure,  deciding 
whether or not to take a decision on whether to register or reject the application. If 
the information sent to the Commission within the “single document” appears to be 
insufficient, the Commission is entitled to ask the Member State to communicate any 
relevant complementary information, including a copy of the specifications. 

Names  corresponding  to  geographical  areas  in  third  countries  have  access  to  the 
Community  scheme  for  the  protection  of  geographical  indications  for  agricultural 
products  and  foodstuffs.  However,  in  accordance  with  Article  24:9  of  the  TRIPS 
Agreement,  the  Community  scheme  is  open  only  to  third-country  geographical 

6. 

7. 

8. 

9. 

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indications  which  are  protected  in  their  country  of  origin.  In  order  to  bring 
Community legislation into line, it is necessary to revoke the existing provisions in 
Regulation  (EC)  No  2081/92  on  equivalence  and  reciprocity,  as  well  as  the 
provisions  requiring  action  on  the  part  of  third-country  governments.  However, 
certain  operators  established  in  third  countries  and  certain  governments  may 
voluntarily wish applications and/or objections to be transmitted to the Community 
through  the  agency  of  the  relevant  third-country  authorities:  this  option  should  be 
mentioned for the benefit of third countries which might wish to use it on a voluntary 
basis. 

Procedures  can  also  be  streamlined  and  rationalised,  particularly  as  regards 
amendments  to  specifications,  at  the  end  of  the  objection  procedure  or  after 
registration, and as regards cancellations and other possible measures in the event of 
a failure to respect the specifications. For reasons of simplification, account should 
also be taken of the Council Decision of 28 June 1999 laying down the procedures 
for the exercise of implementing powers conferred on the Commission as regards the 
registration,  amendment  or  rejection  of  specific  names:  since  this  involves  non-
general  measures  implementing  the  common  agricultural  policy,  recourse  to  a 
management procedure is justified. 

It  would  also  be  desirable  to  enhance  the  credibility  of  the  system.  Firstly,  by 
reinforcing  the  provisions  on  controls  and  including  them  clearly  in  the  general 
framework established by Regulation (EC) No 882/2004 of the European Parliament 
and  of  the  Council  of  29  April  2004  on  official  controls  performed  to  ensure  the 
verification of compliance with feed and food law, animal health and animal welfare 
rules, it will be possible to reinforce application of the ex officio protection provided 
for  in  Article  13  of  Regulation  (EEC)  No  2081/92.  Respect  for  specifications  by 
operators is also subject to control provisions, among which one amendment is aimed 
at  compulsory  accreditation  for  private  control  bodies.  Such  compulsory 
accreditation  makes  it  possible  to  avoid  any  obligation  on  governments  to  appoint 
control bodies, while maintaining total equality of treatment between operators in the 
Member States and operators in third countries. 

The  requirement,  in  the  case  of  Community  names,  that  the  labelling  of  products 
marketed under a registered name indicate both the Community markings ("protected 
designation of origin"/"PDO" and "protected geographical indication"/"PGI") and the 
Community symbols associated with them also helps reinforce the credibility of the 
system. 

Since  the  definition  of  "geographical  indication"  given  in  Article  22  of  the  TRIPS 
Agreement  may  in  some  respects  appear  broader  than  the  existing  definition  in 
Article  2(2)(b)  of  Regulation  (EEC)  No  2081/92,  this  proposal  is  also  aimed  at 
bringing those definitions closer together. 

Broad  consultations  have  taken  place  on  the  main  thrust  of  these  amendments.  In 
particular, the subject was discussed in June 2005 within the Advisory Group on the 
quality  of  agricultural  products,  composed  of  representatives  of  producers, 
processors,  traders,  and  consumer-  and  environmental-protection  associations 
interested in questions relating to the quality of agricultural products.  

10. 

11. 

12. 

13. 

14. 

15. 

The  proposed  measures  have  no  impact  on  the  general  budget  of  the  European 
Communities. 

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2005/0275 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 
37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  production,  manufacture  and  distribution  of  agricultural  products  and  foodstuffs 
play an important role in the Community economy. 

The diversification of agricultural production should be encouraged so as to achieve a 
better balance between supply and demand on the markets. The promotion of products 
having  certain  characteristics  can  be  of  considerable  benefit  to  the  rural  economy,  in 
particular in less-favoured or remote areas, by improving the incomes of farmers and 
by retaining the rural population in these areas. 

Some consumers tend to attach greater importance to the quality of foodstuffs in their 
diet  rather  than  to  quantity.  This  quest  for  specific  products  generates  a  demand  for 
agricultural products or foodstuffs with an identifiable geographical origin. 

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

The labelling of agricultural products and foodstuffs is subject to the general rules laid 
down  in  Directive  2000/13/EC  of  the  European  Parliament  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 foodstuffs1. In view of their specific nature, 
additional special provisions should be adopted for agricultural products and foodstuffs 
from a specified geographical area. The use of the indications and Community symbols 
concerned should also be made obligatory in the case of Community designations, on 
the  one  hand,  to  make  this  category  of  products  and  the  guarantees  attached  to  them 
better  known  to  consumers  and,  on  the  other,  to  permit  easier  identification  of  these 

1 

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). 

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(6) 

(7) 

(8) 

(9) 

products on the market so as to facilitate checks. A reasonable length of time should be 
allowed for operators to adjust to this obligation. 

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 the development of geographical indications and designations of origin since, 
by  providing  a  more  uniform  approach,  such  a  framework  ensures  fair  competition 
between  the  producers  of  products  bearing  such  indications  and  enhances  the 
credibility of the products in the consumer’s eyes.  

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

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

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  an  indication  should  meet  certain 

conditions set out in a specification. 

(11)  To  qualify  for  protection  in  the  Member  States,  geographical  indications  and 
designations of origin must be registered at Community level. Entry in a register also 
provides  information to those involved in the trade and to consumers.  To  ensure that 
Community-registered  names  meet  the  conditions  laid  down  by  this  Regulation, 
applications  should  be  examined  by  the  national  authorities  of  the  Member  State 
concerned,  subject  to  compliance  with  minimum  common  provisions,  including  a 
national objection procedure, and the Commission should subsequently be involved in 
a scrutiny procedure to ensure that applications satisfy the conditions of the 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  Agreement  establishing  the  World 
Trade  Organisation)  contains  detailed  provisions  on  the  existence,  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 any natural or legal person individually and 
directly  concerned  in  a  Member  State  or  a  third  country  to  exercise  their  rights  by 
notifying the Commission of their objections. 

(15)  There should be procedures to permit amendment  of  specifications, after registration, 
in  the  light  of  technological  progress  and  removal  or  withdrawal  from  the  register  of 
the  geographical  indication  or  designation  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. 

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(16)  The  designations  of  origin  and  geographical  indications  protected  on  Community 
territory must be subject to a credible monitoring system, 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  ensure  the  verification  of 
compliance  with  feed  and  food  law,  animal  health  and  animal  welfare  rules2  and  a 
system of checks to ensure that operators in a delimited geographic area comply with 
the specification before marketing the agricultural products and foodstuffs concerned. 

(17)  The Member States should be authorised to levy an administrative charge to cover the 

administrative costs incurred. 

(18)  The measures necessary for the implementation 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 Commission3. 

(19)  The names already registered under Regulation (EEC) No 2081/92 on the date of entry 
into force of this Regulation should continue to be protected under this Regulation and 
automatically  included  in  the  register.  Provision  should  also  be  made  for  transitional 
measures  applicable  to  registration  applications  received  by  the  Commission  prior  to 
the entry into force of this Regulation. 

(20) 

In the interests of clarity and transparency, Council Regulation (EEC) No 2081/92 of 
14 July 1992 on the protection of geographical indications and designations of origin 
for  agricultural  products  and  foodstuffs4  should  be  repealed  and  replaced  by  a  new 
Regulation, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Scope 

1. 

This  Regulation  lays  down  rules  on  the  protection  of  designations  of  origin  and 
geographical  indications  for  agricultural  products  intended  for  human  consumption 
listed  in  Annex I  to  the  Treaty  and  for  foodstuffs  and  agricultural  products  listed  in 
Annexes I and II respectively 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  application  of  Regulation 
(EC) No 1493/19995. 

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

2. 

This  Regulation  shall  apply  without  prejudice  to  other  specific  Community 
provisions.  

2 
3 
4 

5 

OJ L 165, 30.4.2004, p. 1. Corrected version, OJ L 191, 28.5.2004, p. 1. 
OJ L 184, 17.7.1999, p. 23. 
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). 
OJ L 179, 14.7.1999, p. 1. 

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3. 

Directive 98/33/EC of the European Parliament and of the Council6 shall not apply to 
the designations of origin and geographical indications covered by this Regulation. 

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 essentially or exclusively due to 
a particular geographical environment with its inherent natural and human 
factors, and 

the  production,  processing  and  preparation  of  which  take  place  in  the 
defined geographical area; 

(b) 

”geographical 
agricultural product or a foodstuff 

indication"  means  an 

indication  serving 

to 

identify  an 

– 

– 

– 

as originating in a region, specific place or country, 

which  possesses  a  specific  quality,  reputation  or  other  characteristic 
essentially attributable to that geographical origin, and 

the  production,  processing  or  preparation  of  which  take  place  in  the 
defined geographical area. 

2. 

3. 

Traditional  geographical  or  non-geographical  names  designating  an  agricultural 
product  or  a  foodstuff  originating  in  a  region  or  a  specific  place  which  fulfil  the 
conditions referred to in the second and third intents of paragraph 1(a) shall also be 
considered as designations of origin.  

Notwithstanding paragraph 1(a), certain geographical designations shall be treated as 
designations of origin where the raw materials for 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. 

6 

OJ L 204, 21.7.1998, p. 37. 

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Article 3 
Generic nature, conflicts with names of plant varieties, animal breeds,  
homonyms and trademarks 

1. 

Names that have become generic cannot 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 generic, 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. 

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 public as to the true origin of the product. 

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

(a) 

(b) 

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

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 consumers. 

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 

To be eligible as a protected designation of origin (PDO) or a protected geographical 
indication  (PGI),  an  agricultural  product  or  foodstuff  shall  comply  with  a 
specification. 

2. 

3. 

4. 

1. 

2. 

The product specification shall include at least: 

(a) 

the name of the agricultural product or foodstuff comprising the designation of 
origin or the geographical indication; 

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(b) 

(c) 

(d) 

(e) 

a  description  of  the  agricultural  product  or  foodstuff,  including  the  raw 
materials, if appropriate, and principal physical, chemical, microbiological and 
organoleptic characteristics of the product or the foodstuff; 

the definition of the geographical area and, where appropriate, details indicating 
compliance with the requirements of Article 2(3); 

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; 

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 meaning of 
Article 5(1) so determines and gives reasons why the packaging must take place 
in  the  defined  geographical  area  to  safeguard  quality,  ensure  traceability  or 
ensure control; 

(f) 

details bearing out the following: 

(i) 

(ii) 

the link between the quality or characteristics of the agricultural product 
in 
or 
Article 2(1)(a) or, as the case may be, 

the  geographical  environment 

foodstuff  and 

referred 

to 

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 inspection bodies referred to in Article 11; 

(h) 

any specific labelling rule for the agricultural product or foodstuff in question; 

(i) 

any requirements laid down by Community or national provisions. 

Article 5 
Application for registration 

1. 

Only groups shall be entitled 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 
group.  A  natural  or  legal  person  may  be  treated  as  a  group  in  accordance  with  the 
detailed rules referred to in Article 16(c).  

In  the  case  of  a  name  designating  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).  

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

The application for registration shall include: 

(a) 

the name of the applicant group; 

10 

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2. 

3. 

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4. 

5. 

(b) 

the specification provided for in Article 4; 

(c) 

a single document setting out the following: 

(i) 

(ii) 

the  main  points  of  the  specification:  the  name,  a  succinct  description  of 
the product, including specific rules concerning packaging and labelling, 
and a brief definition of the geographical area; 

a concise 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. 

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 scrutinize the application by appropriate means to check that 
it is justified and meets the conditions of this Regulation. 

As part of the scrutiny referred to in paragraph 4, the Member State shall initiate an 
objection procedure at national level, ensuring adequate publication of the application 
allowing a reasonable period within which any person having a legitimate interest and 
established or resident on its territory may declare their 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  requirements  of  this  Regulation  are  met,  the  Member  State  shall  adopt  a 
national  recognition  decision.  If  not,  the  Member  State  shall  decide  to  reject  the 
application. 

The Member State shall ensure that the national recognition is publicised and that any 
person directly and individually concerned has means of appeal. 

The Member State shall publish the version of the specification on which the national 
recognition decision is based, and assure electronic access to this publication. 

6. 

The  Member  State  may,  on  a  transitional  basis  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  protection,  where  a  name  is  not 
registered under this Regulation, shall be the sole responsibility of the Member State 
concerned. 

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The  measures  taken  by  Member  States  under  the  first  subparagraph  shall  produce 
effects at national level only; they shall have no effect on intra-Community trade. 

7. 

In respect of any national recognition decision as referred to in the third subparagraph 
of paragraph 5, the Member State concerned shall forward to the Commission: 

(a) 

the name of the applicant group; 

(b) 

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

(c) 

a declaration by the Member State that the application lodged by the group and 
qualifying  for  the  national  recognition  decision  meets  the  conditions  of  this 
Regulation and the provisions adopted for its implementation, 

(d) 

the  publication  reference  of  the  specification  referred  to  in  the  fifth 
subparagraph of paragraph 5. 

Member  States  shall  introduce  the  laws,  regulations  and  administrative  provisions 
necessary to comply with paragraphs 4 to 7. 

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

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

8. 

9. 

10. 

The documents referred to in this Article sent to the Commission shall be in one of 
the official Community languages or accompanied by a certified translation into one 
of those languages. 

Article 6 
Scrutiny by the Commission 

1. 

2. 

The  Commission  shall  scrutinize  the  application  in  an  appropriate  manner  to  check 
that it is justified and meets the conditions of this Regulation. 

The  Commission  shall  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. 

Where the conditions laid down in this Regulation appear to be met, the Commission 
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 that is not the case, the Commission shall decide, under the procedure referred 
to in Article 15(3) to reject the registration application.  

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Article 7 
Objection/decision on registration 

1. 

2. 

Within  four  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  sending  a  duly 
substantiated statement to the Commission. 

Any  natural  or  legal  person  directly  and  individually  concerned,  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 persons established or resident in a Member State, such 
statement shall be sent to the competent authority of that Member State within a time 
limit permitting an objection in accordance with paragraph 1. 

In the case of natural or legal persons resident in a third country, such statements shall 
be  sent  to  the  Commission,  either  directly  or  via  the  competent  authorities  of  the 
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) 

either demonstrate non-compliance with the conditions referred to in Article 2, 

(b)  or demonstrate that the registration of the name proposed would be contrary to 

paragraphs 2 to 4 of Article 3;  

(c) 

or  give  details  from  which  it  can  be  concluded  that  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) and (c) of the first subparagraph must be proven 
and evaluated in relation to the territory of the Community. 

Where  the  Commission  receives  no  admissible  objection  under  paragraph  3  within 
the time limit set in paragraph 1, it shall register the name. 

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

Where an objection is admissible under paragraph 3, the Commission shall invite the 
interested parties to undertake appropriate consultations. 

If an agreement is reached between the interested parties within six months, they shall 
notify  the  Commission  of  all  the  factors  that  have  made  the  agreement  possible, 
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. If not, it shall undertake a fresh examination 
under Article 6(1). 

4. 

5. 

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If no agreement is reached, the Commission shall take a decision in accordance with 
the procedure laid down in Article 15(3), having regard to fair and traditional usages 
applied and of the actual likelihood of confusion. The decision shall be published in 
the Official Journal of the European Union.  

6. 

7. 

The Commission shall maintain updated a register of protected designations of origin 
and protected geographical indications. 

The documents referred to in this Article sent to the Commission shall be in one of 
the official Community languages or accompanied by a certified translation into one 
of those languages. 

Article 8 
Names, markings and symbols 

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

In the case of the agricultural products and foodstuffs originating in the Community marketed 
under  a  name  registered  in  accordance  with  this  Regulation,  the  indications  “protected 
designation  of  origin”  and  “protected  geographical 
their  respective 
abbreviations  (“PDO”  and  “PGI”)  and  the  Community  symbols  associated  with  them  must 
appear on the labelling.  

indication”  or 

In  the  case  of  agricultural  products  and  foodstuffs  originating  in  third  countries  marketed 
under a name registered in accordance with this Regulation the indications referred to in the 
second  subparagraph  and  the  associated  Community  symbols  may  equally  appear  on  the 
labelling. 

Article 9 
Approval of changes to specifications 

1. 

2. 

3. 

The original applicant group or, if this group cannot act, another group satisfying the 
conditions  of  Article  5(2),  may  apply  for  approval  of  an  amendment  to  a 
specification, in particular to take account of developments in scientific and technical 
knowledge or to redefine the geographical area referred to in Article 4(2)(c). 

Applications shall describe and give reasons for the amendments requested. 

Where the amendment involves one or more amendments to the single document, the 
amendment  application  shall  be  covered  by  the  procedure  laid  down  in  Articles 5 
to 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. 

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

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14 

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(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 
the 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. 

Article 10 
System of controls 

The Member States shall ensure that the system of controls laid down in Regulation 
(EC) No 882/2004 applies to operators governed by this Regulation. 

Member  States  shall  include  operators  subject  to  this  Regulation  in  their  national 
multi-annual  national  control  plans  provided  for  in  Articles 41,  42  and  43  of 
Regulation  (EC)  No 882/2004  and  in  their  annual  reports  under  Article  44  of  that 
Regulation. 

In  accordance  with  Article  4  of  Regulation  (EC)  No 882/2004  the  Member  States 
shall  designate  a  competent  central  body  specifically  responsible  for  implementing 
the control system relating to this Regulation. 

Article 11 
Controls of operator compliance with product specifications 

For  the  purposes  of  checking,  prior  to  marketing,  compliance  with  the  relevant 
specifications  on  the  part  of  the  operators  concerned  in  the  geographical  area,  the 
competent  authority  referred  to  in  Article 10(3)  may  designate  one  or  more  official 
inspection bodies or else delegate the checks to one or more private inspection bodies. 
In accordance with Article 4(2)(g), the specification for each name shall identify one 
or more inspection bodies for the agricultural products or foodstuffs in question. 

In  the  case  of  names  referring  to  a  geographical  area  in  a  third  country,  the 
specification shall identify one or more public or private bodies which will undertake 
the checks referred to in the first subparagraph. 

The private inspection bodies referred to in paragraph 1 shall be accredited under the 
EN 45011 standard or an equivalent standard. 

The  public  or  private  inspection  bodies  referred  to  in  paragraph  1  must  have  the 
powers to enforce compliance with this Regulation, including, where appropriate, the 
power  to  impose  penalties,  if  they  find  that  an  agricultural  product  or  foodstuff 
bearing  a  protected  name  for  which  they  are  responsible  does  not  meet  the 
requirements of the specification. 

Each  Member  State  shall  notify  the  Commission  of  the  name  and  address  of  the 
competent authority referred to in Article 10(3), the name and address of whichever 
official  inspection  services  are  designated  and  the  name  and  address  of  delegated 
private inspection bodies as referred to in the first subparagraph of paragraph 1, their 
respective tasks and any changes to this information. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

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15 

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In  the  case  of  names  referring  to  a  geographical  area  in  a  third  country,  the  group 
shall  send  the  Commission,  either  direct  or  via  the  authorities  of  the  country 
concerned, the information listed in the first subparagraph. 

The Commission shall make public the information referred to in the first and second 
subparagraphs and update it periodically. 

Member States shall adopt appropriate measures to ensure that an operator complying 
with this Regulation can be inspected by the bodies referred to in this Article. 

The  costs  of  the  controls  referred  to  in  this  Article  shall  be  borne  by  the  operators 
subject to those controls. 

Article 12 
Cancellation 

Where  the  Commission  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  ensured,  it  shall  initiate  the  procedure  referred  to  in  Article 15(3)  for  the 
cancellation of the registration, which shall be published in the Official Journal of the 
European Union. 

The original applicant group or, if this group cannot act, another group satisfying the 
conditions of Article 5(2), 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. 

5. 

6. 

1. 

2. 

1. 

Registered names shall be protected against: 

Article 13 
Protection 

(a) 

(b) 

(c) 

any  direct  or  indirect  commercial  use  of  a  registered  name  in  respect  of 
products  not  covered  by  the  registration  insofar  as  those  products  are 
comparable  to  the  products  registered  under  that  name  or  insofar  as  using  the 
name exploits the reputation of the protected name; 

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; 

any other false or misleading indication as to the provenance, origin, nature or 
essential  qualities  of  the  product,  on  the  inner  or  outer  packaging,  advertising 
material or documents relating to the product concerned, and the packing of the 
product in a container liable to convey a false impression as to its origin; 

(d) 

any  other  practice  liable  to  mislead  the  public  as  to  the  true  origin  of  the 
product. 

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2. 

3. 

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 (a) or (b) in 
the first subparagraph. 

Protected names may not become generic. 

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 years under Article 7(5)(b), 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  identical  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  undertakings  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  the 
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 first and second subparagraphs of paragraph 5 
or the Community objection procedure referred to in Article 7(2). The combined total 
of the  transitional  period  referred  to  in this subparagraph and the adjustment  period 
referred to in Article 6 cannot exceed five years. 

4. 

Without  prejudice  to  the  application  of  Article  14,  the  Commission  may  decide  to 
allow,  under  the  procedure  provided  for  in  Article 15(3),  the  coexistence  of  a 
registered name and an unregistered name designating a place in a Member State or in 
a third country where that name is identical to the registered name, provided that all 
the following conditions are met: 

(a) 

(b) 

the identical unregistered name has been in legal use consistently and equitably 
for at least 25 years prior to 24 July 1993; 

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; 

(c) 

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. 

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1. 

2. 

1. 

2. 

3. 

Article 14 
Relations between trademarks and geographical indications 

Where  a  designation  of  origin  or  a  geographical  indication  is  registered  under  this 
Regulation  or  has  been  registered  under  Regulation  (EEC)  No 2081/92,  the 
application  for  registration  of  a  trademark  corresponding  to  one  of  the  situations 
referred to in Article 13 and relating to the same type of product shall be refused if 
the application for registration of the trademark is submitted: 

(a) 

(b) 

in  the  case  of  designations  of  origin  and  geographical  indications  registered 
under Article 17 of Regulation (EEC) No 2081/92, after the date of registration; 

in  the  case  of  other  designations  of  origin  and  geographical  indications 
registered under this Regulation, after the date of submission of the registration 
application to the Commission. 

Trademarks registered in breach of the first subparagraph shall be invalidated. 

With due regard to Community law, the use of a trademark corresponding 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 concerned, 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  geographical  indication,  provided  that  no  grounds  for  its 
invalidity  or  revocation  exist  as  specified  by  Council  Directive  89/104/EEC7  or 
Council Regulation (EC) No 40/948. 

Article 15 
Committee on Protected Geographical Indications and Designations of Origin 

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

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

The  period  provided  for  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  three 
months. 

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC 
shall apply. 

The  period  provided  for  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  three 
months. 

4. 

The Committee shall adopt its own Rules of Procedure. 

7 
8 

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

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Article 16 
Implementing rules 

In accordance with the procedure referred to in Article 15(2), detailed rules shall be adopted 
for the implementation of this Regulation. They shall cover in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

1. 

2. 

a list of the raw materials referred to in Article 2(3); 

the  information  that  must  be  included  in  the  product  specification  referred  to  in 
Article 4(2); 

the conditions under which a natural or legal person may be treated as a group; 

the  submission  of  a  registration  application  for  a  name  designating  a  trans-border 
geographical area as referred to in the third subparagraph of Article 5(1); 

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

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

the markings and symbols referred to in Article 8; 

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

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

the  conditions  for  checking  compliance  with  the  specifications  on  the  part  of 
operators in the geographical area concerned . 

Article 17 
Transitional provisions 

The  names  already  registered  under  Regulation  (EEC)  No 2081/92  on  the  date  of 
entry  into  force  of  this  Regulation  shall  be  automatically  entered  in  the  register 
referred to in Article 7(6). The corresponding specifications shall be deemed to be the 
specifications referred to in Article 4(1). 

In accordance with the procedure referred to  in Article 15(2), the Commission  shall 
adopt a Regulation facilitating the transition from the rules under Regulation (EEC) 
No 2081/92 to those laid down by this Regulation. Such Regulation shall lay down in 
particular  the  procedures  to  be  followed  for  an  effective  analysis  of  registration 
applications  still  pending  under  Regulation  (EEC)  No 2081/92.  Those  procedures 
may  include  a  requirement  on  applicants  to  provide  additional  information  by  a 
deadline to be fixed. 

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Article 18 
Fees 

Member  States  may  charge  an  administrative  fee  to  cover  the  costs  incurred  in  scrutinising 
applications  for  registration,  statements  of  objection,  applications  for  amendments  and 
applications for cancellations under this Regulation. 

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

Article 19 

References to the repealed Regulation shall be taken as referring to this Regulation and shall 
be read against the correlation table attached at Annex III hereto. 

Article 20 

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

However, the second paragraph of Article 8 shall apply from 1 May 2007. 

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

Done at Brussels,  

For the Council 
The President 

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Foodstuffs referred to in Article 1(1): 

ANNEX I 

– 

– 

– 

– 

– 

– 

beers, 

beverages made from plant extracts, 

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

natural gums and resins, 

mustard paste, 

pasta. 

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Agricultural products referred to in Article 1(1): 

ANNEX II 

– 

– 

– 

– 

– 

– 

– 

– 

hay, 

essential oils, 

cork, 

cochineal (raw product of animal origin), 

flowers and ornamental plants, 

wool, 

wicker, 

scutched flax. 

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ANNEX III 

CORRELATION TABLE 

Regulation (EEC) No 2081/92 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 1 

– 

Article 2(1) 

Article 2(2) 

Article 2(3), first subparagraph 

– 

Article 2(3), second subparagraph  

– 

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(3) 

Article 4 

Article 5(1), (2) and (3) 

Article 5(4) 

Article 5(5), first subparagraph 

Article 5(5), second subparagraph 

Article 9(5), third subparagraph 

– 

Article 3(2) 

– 

Article 4 

Article 5(1), (2) and (3) 

Article 5(4), first subparagraph 

Article 5(4), second subparagraph 

Article 5(6), first 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(6) 

Article 6(1), first subparagraph 

Article 6(1), second subparagraph 

Article 6(1), third subparagraph 

Article 6(2) 

Article 6(3) and (4) 

Article 6(5), first subparagraph 

Article 6(5), second subparagraph 

Article 6(6), first subparagraph 

Article 6(6), second subparagraph 

Article 7(1) 

Article 7(2) 

Article 7(3) 

Article 7(4) 

Article 7(5) 

Article 8 

Article 9, fist subparagraph 

Article 9, second subparagraph 

Article 5(8) 

Article 6(1), first subparagraph 

– 

Article 6(1), second subparagraph 

Article 6(2), first subparagraph 

– 

Article 6(2), second subparagraph 

– 

– 

Article 3(3) 

Article 7(1) 

– 

Article 7(2), first subparagraph 

Article 7(3) 

Article 7(5) 

Article 8, second subparagraph 

Article 9(1), first subparagraph 

Article 9(2), first subparagraph 

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Article 9, third subparagraph 

Article 9(2), second subparagraph 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 10(5) 

Article 10(6) and (7) 

Article 11(1) to (3) 

Article 11(4) 

Article 11a(a) 

Article 11a(b) 

Articles 12 to 12d 

Article 13(1) 

Article 13(3) 

Article 13(4) 

Article 13(5) 

Article 14(1) and (2) 

Article 14(3) 

Article 15(1) and (2) 

Article 15(3) 

Article 16 

Article 18 

Annex I 

Annex II 

– 

Article 11(1) 

Article 11(2) 

Article 11(3) 

– 

Article 11(5) and (6) 

– 

Article 12(1) 

Article 12(2) 

– 

– 

Article 13(1) 

Article 13(2) 

Article 13(3), first subparagraph 

Article 13(4) 

Article 14(1) and (2) 

Article 3(4) 

Article 15(1) and (2) 

Article 15(4) 

Article 16 

Article 20 

Annex I 

Annex II 

EN 

24 

   EN