Proposal for a Council Regulation on agricultural products and foodstuffs as traditional specialities guaranteed
Date: 2005-12-23
Institutions: European Commission
Subjects: agricultural product, brand name, consumer information, consumer protection, foodstuff, labelling, preparation for market, product diversification

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.12.2005 
COM(2005) 694 final 

2005/0270 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on agricultural products and foodstuffs as traditional specialities guaranteed 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Since 24 July 1993 Council Regulation (EEC) No 2082/92 on certificates of specific 
character  for  agricultural  products  and  foodstuffs  has  provided  for  Community 
recognition  and  protection  of  traditional  agricultural  products  and  foodstuffs  having 
specific  characteristics.  The  specific  character  of  these  products  is  linked  to  their 
production method, but not to their geographical origin. 

Since the creation of this scheme, 15 agricultural products and foodstuffs have been 
registered, some of which have significant economic potential. The Commission has 
received 18 further applications for registration from various Member States. 

This instrument allows producers to realise the market value of their products while 
protecting consumers against abusive practices and at the same time guaranteeing fair 
trade.  The  main  advantage  provided  by  registration  under  the  Regulation  is  product 
identification  through  a  combination  of  the  registered  name,  the  expression 
“traditional  speciality  guaranteed”  and  the  Community  logo.  Concerning  use  of  the 
name, two options are provided: registration can be made with or without reserving 
use of the name for producers who comply with the product specification. Since the 
entry into force of the Regulation, only five registrations have been made where the 
name  has  been  reserved.  Member  States  are  obliged  to  protect  the  expression 
“traditional  speciality  guaranteed”,  the  corresponding  logo  and  the  reserved  names. 
Traditional  specialities  guaranteed  do  not  constitute  an  intellectual  property  right 
within the meaning of the TRIPS Agreement. 

It is necessary to ensure that producers in WTO member countries can benefit from 
registration without conditions of equivalence or reciprocity and that citizens of those 
countries with a legitimate interest be allowed to object to a registration. Lastly, under 
the clause on national treatment, producers from WTO members should be able to use 
the product specifications registered as traditional specialities guaranteed in the same 
way  as  producers  from  Member  States.  Furthermore,  provisions  are  introduced  to 
guarantee the applicability and coverage of existing intellectual property rights such 
as trade marks and geographical indications. 

The  proposal  also  aims  to  simplify  and  elucidate  procedures  and  clarify  the 
responsibilities  of  the  various  authorities  involved  in  scrutinising  applications.  It  is 
clarified that the duties best performed nationally must of course be assigned to the 
national authorities, while ensuring that all interested parties, including those in third 
countries, are treated equally. 

The current procedure for registering traditional specialities guaranteed is a two-stage 
process. An application for registration is first submitted by a producer group to the 
competent  authorities  in  the  Member  State  concerned.  The  national  authorities  then 
send  the  application  to  the  Commission,  with  a  view  to  its  registration;  the 
Commission then sends the translated application to the other Member States. 

Member States usually send the Commission applications that are far too detailed and 
voluminous.  It is  accordingly  proposed that only the product specification in stricto 
sensu  should  be  transmitted  to  Community  level,  the  national  authorities  instead 
being  responsible  for  evaluating  the  traditional  and  specific  characteristics  of  the 
agricultural products and foodstuffs concerned.  

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The Commission publishes the main details of an application in the Official Journal 
of the European Union, so allowing anyone with a legitimate interest to object to the 
registration. It is proposed to define the grounds on which an objection is admissible, 
so that the Commission can avoid having to deal with objections that are on occasion 
vexatious  and  unreasonable.  These  measures  will  ease  the  administrative  burden  at 
Community level. 

The proposal contains many simplifications and clarifications. It has become evident 
that  the  purpose  of  the  original  Regulation  is  not  sufficiently  clear  to  the  producers 
and  other  operators  concerned.  The  terms  used  are  complex  and  the  definitions  not 
precise enough. Even the term “traditional” has not been defined. It is also proposed 
to rectify certain inconsistencies, such as the length of time during which objections 
can be made where a specification is amended, which is fixed at six months in one 
paragraph but at three months in another. 

Where appropriate, system improvements identical to those proposed for the system 
to  protect  geographical  indications  and  designations  of  origin  are  proposed, 
particularly  as  regards  control  arrangements,  registration  and  objection  procedures, 
the obligatory reference to “traditional speciality guaranteed” and to the Community 
logo  on  product  labelling  and  recourse  to  a  Management  Committee  for  matters 
relating to applications for registration. 

Consultations  have  taken  place  with  the  stakeholders  on  the  main  thrust  of  these 
amendments.  Discussions  within  the  Advisory  Group  on  the  quality  of  agricultural 
products  (June  2005)  and  the  Regulatory  Committee  on  certificates  of  specific 
character  for  agricultural  products  and  foodstuffs  have  drawn  attention  to  the 
importance of the system and provided examples of its success. 

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

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2005/0270 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on agricultural products and foodstuffs as traditional specialities guaranteed 

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 Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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. The promotion of 
traditional products with specific characteristics could be of considerable benefit to the 
rural  economy,  particularly  in  less-favoured  or  remote  areas,  both  by  improving  the 
income of farmers and by retaining the rural population in these areas. 

For the sound running of the internal market in foodstuffs, economic operators should 
be  provided  with  instruments  allowing  them  to  enhance  the  market  value  of  their 
products  while  protecting  consumers  against  improper  practices  and  guaranteeing  at 
the same time fair trade. 

Council  Regulation  (EEC)  No  2082/92  of  14  July  1992  on  certificates  of  specific 
character  for  agricultural  products  and  foodstuffs2  defines  the  certificates  of  specific 
character  and  the  term  “traditional  speciality  guaranteed”  has  been  established  and 
introduced  by  Commission  Regulation  (EEC)  No 1848/933,  which  lays  down  the 
detailed rules for applying Regulation (EEC) No 2082/92. The certificates of specific 
character,  more  commonly  referred  to  as  “traditional  specialities  guaranteed”,  meet 
consumer  demand  for  traditional  products  with  specific  characteristics.  Given  the 
diversity of products on the market and the abundance of information concerning them, 
consumers should, in  order  to be  able to make  better  choices,  be  provided  with  clear 
and succinct information regarding the specific characteristics of these foodstuffs. 

1 
2 

3 

OJ C […],[…], p. […]. 
OJ  L  208,  24.7.1992,  p. 9.  Regulation  as  last  amended  by  Regulation  (EC)  No 806/2003  (OJ L 122, 
16.5.2003, p. 1). 
OJ L 168, 10.7.1993, p. 35. Regulation as last amended by Regulation (EC) No 2167/2004 (OJ L 371, 
18.12.2004, p. 8). 

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(5)  With  a  view  to  clarification,  the  term  “certificate  of  specific  character”  should  be 
abandoned  in  favour  of  “traditional  speciality  guaranteed”  alone,  which  is  easier  to 
understand and, in order to make the goal of the Regulation more explicit for producers 
and  consumers  alike,  the  term  ‘specific  character’  should  be  precisely  defined  and  a 
definition of the term 'traditional' should be introduced.  

(6) 

(7) 

(8) 

(9) 

Certain  producers  would  like  to  derive  market  value  from  agricultural  products  or 
traditional  foodstuffs  because  the  inherent  characteristics  of  these  distinguish  them 
clearly  from  similar  products  or  foodstuffs.  In  order  to  protect  the  consumer,  the 
certified  specific  character  should  be  subject  to  inspection.  Such  a  voluntary  system, 
enabling  operators  to  make  known  the  quality  of  a  foodstuff  throughout  the 
Community,  must  offer  every  guarantee  in  order  to  ensure  that  any  references  which 
may be made to it in the trade are substantiated. 

The labelling of agricultural products and foodstuffs is subject to the general rules laid 
down in Council Directive 2000/13/EC of 20 March 2000 on the approximation of the 
laws  of  the  Member  States  relating  to  the  labelling,  presentation  and  advertising  of 
foodstuffs4
. In view of their specific character, however, special additional provisions 
should  be  adopted  for  traditional  specialities  guaranteed.  In  order  to  make  for  easier 
and  quicker  identification  of  traditional  specialities  guaranteed  produced  within  the 
Community,  use  of  the  expressions  and  Community  symbols  concerned  should  be 
made  obligatory  on  their  labelling,  while  affording  operators  a  reasonable  amount  of 
time to adjust to this requirement. 

identified  specific 
To  ensure  compliance  with,  and 
characteristics,  producers  organised  into  groups  should  themselves  define  those 
characteristics  in  a  product  specification.  The  option  of  registering  a  traditional 
speciality guaranteed should be open to third-country producers. 

the  consistency  of, 

the 

The traditional specialities guaranteed protected within the Community must be subject 
to  credible  control  arrangements,  based  on  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  rules5,  as  well  as  control  arrangements  to  ensure  that 
operators comply with the product specification before marketing agricultural products 
and foodstuffs. 

(10)  To  qualify  for  protection,  traditional  specialities  guaranteed  should  be  registered  at 
Community level. Entry in a register should also provide information to those involved 
in the trade and to consumers. 

(11)  The  national  authorities  of  the  Member  State  concerned  should  scrutinise  each 
application  for  registration  in  accordance  with  minimum  common  rules,  including  a 
procedure for raising objections at national level, in order to ensure that the agricultural 
product  or  foodstuff  concerned  is  traditional  and  has  specific  characteristics.  The 
Commission  should  subsequently  undertake  a  scrutiny  to  ensure  a  uniform  approach 
towards applications for registration lodged by the Member States and by third-country 
producers. 

4 

5 

OJ  L  109,  6.5.2000,  p. 29.  Directive  as  last  amended  by  Council  Directive  2003/89/EC  (OJ L 308, 
25.11.2003, p. 15). 
OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1. 

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(12) 

In  order  to  improve  the  efficiency  of  the  registration  procedure,  vexatious  and 
unjustified  objections  should  not  be  entertained  and  the  grounds  on  which  the 
Commission assesses the admissibility of objections sent to it should be specified. The 
right to object is to be granted to citizens of third countries with a legitimate interest, 
under  the  same  criteria  as  those  applying  to  Community  producers.  Evidence  and 
assessments  of  these  criteria  should  be  substantiated  on  a  Community-wide  basis.  In 
view  of  the  experience  gained,  the  period  in  which  objections  can  be  made  and  the 
period for consultations among the Member States where objections are made should 
both be adjusted. 

(13)  Provisions should be introduced guaranteeing the application and coverage of existing 

intellectual property rights. 

(14) 

(15) 

(16) 

In  order  to  avoid  creating  unfair  conditions  of  competition,  any  producer,  including 
third-country producers, should be able to use either a registered name together with a 
particular  expression  and,  where  appropriate,  a  Community  symbol  or  a  name 
registered  as  such,  provided  that  the  agricultural  product  or  foodstuff  which  is 
produced or processed complies with the requirements of the relevant specification and 
the  producer  employs  the  services  of  an  inspection  body  in  accordance  with  this 
Regulation. 

If they are to be attractive to producers and reliable for consumers, expressions relating 
to  the  specific  character  of  an  agricultural  product  or  a  foodstuff  should  be  granted 
legal protection and be subject to official controls. 

If  no  inspection  body  is  notified  to  the  Commission  for  a  traditional  speciality 
guaranteed  within  a  given  timeframe  and  it  is  therefore  not  produced  in  compliance 
with the registered product specification, the registration should be cancelled. 

(17)  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 Commission6. 

(18)  Provision  should  be  made  to  identify  the  rules  in  this  Regulation  that  apply  to 
applications  for  registration  which  reach  the  Commission  before  its  entry  into  force, 
based in particular on the stage that the registration procedure has reached. Operators 
should  be  permitted  a  reasonable  amount  of  time  to  adapt  both  the  private  control 
bodies and the labelling of agricultural products and foodstuffs marketed as traditional 
specialities guaranteed.  

(19) 

In  the  interests  of  clarity  and  transparency,  Regulation  (EEC)  No  2082/92  should  be 
repealed and replaced by a new Regulation, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Scope 

1. 

This Regulation lays down rules under which a traditional speciality guaranteed may 
be recognised for: 

6 

OJ L 184, 17.7.1999, p. 23. 

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(a) 

the agricultural products intended for human consumption listed in Annex I to 
the Treaty; 

(b) 

the foodstuffs listed in Annex I to this Regulation. 

Annex  I  hereto  may  be  amended  in  accordance  with  the  procedure  referred  to  in 
Article 18(2). 

2. 

3. 

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

Directive 98/34/EC of the European Parliament and of the Council7 shall not apply to 
the ‘traditional specialities guaranteed’ covered by this Regulation. 

1. 

For the purposes of this Regulation: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

(d) 

“specific  character”  means  the  characteristic  or  set  of  characteristics  which 
distinguishes  an  agricultural  product  or  a  foodstuff  clearly  from  other  similar 
products or foodstuffs of the same category; 

“traditional” means proven usage on the Community market for a period at least 
equal to that generally ascribed to a human generation; 

“traditional  speciality  guaranteed”  means  a  traditional  agricultural  product  or 
foodstuff  recognised  by  the  Community  for  its  specific  character  through  its 
registration under this Regulation; 

“group” means any association, irrespective of its legal form or composition, of 
producers  or  processors  concerned  with  the  same  agricultural  product  or 
foodstuff. 

2. 

The characteristic or set of characteristics referred to in paragraph 1(a) may relate to 
the  product's  intrinsic  features  such  as  its  physical,  chemical,  microbiological  or 
organoleptic features, or to the product’s production method or to specific conditions 
that pertain during its production. 

The  presentation  of  an  agricultural  product  or  a  foodstuff  is  not  regarded  as  a 
characteristic within the meaning of paragraph 1(a). 

The  specific  characteristic  defined  in  paragraph  1(a)  may  not  be  confined  to 
qualitative or quantitative composition. 

Other interested parties may join the group referred to in paragraph 1(d). 

7 

OJ L 204, 21.7.1998, p. 37. 

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Article 3 
Register 

The  Commission  shall  keep  a  register  of  the  traditional  specialities  guaranteed  recognised 
throughout the Community under this Regulation. 

The register shall have two lists of traditional specialities guaranteed, according to whether or 
not use of the name of the product or foodstuff is reserved to producers who comply with the 
product specification.  

Article 4 
Requirements as regards products and names 

1. 

In  order  to  appear  in  the  register  referred  to  in  Article  3,  an  agricultural  product  or 
foodstuff shall either be produced using traditional raw materials or have a traditional 
composition  or  a  mode  of  production  or  processing  which  is  a  traditional  type  of 
production or processing. 

Registration shall not be permitted in the case of an agricultural product or foodstuff 
the specific character of which is due to its provenance or geographic origin. The use 
of geographic terms shall be authorised, however. 

2. 

To be registered, the name must: 

(a) 

be specific in itself, or 

(b) 

express the specific character of the agricultural product or foodstuff. 

A  specific  name  as  referred  to  in  (a)  above  must  be  traditional  and  comply  with 
national provisions or be established by custom. 

A  name  expressing  specific  character,  as  referred  to  in  (b)  above,  may  not  be 
registered if: 

(a) 

(b) 

it refers only to claims of a general nature used for a set of agricultural products 
or foodstuffs, or to those provided for by particular Community legislation; 

it  is  misleading,  a  particular  example  being  a  reference  to  an  obvious 
characteristic of the product or one that does not correspond to the specification 
and is therefore likely to mislead the consumer as to product’s characteristics. 

Article 5 
Relationship with intellectual property rights 

1. 

2. 

A product shall not be registered as a traditional speciality guaranteed if the name is 
identical or similar to a registered trademark for identical or similar products where 
there is a risk of confusion or where the name concerns a geographical indication on 
Community territory. 

The  name  of  a  plant  variety  or  breed  of  animal  may  form  part  of  the  name  of  a 
traditional  speciality  guaranteed,  provided  that  it  is  not  misleading  as  regards  the 
nature of the product. 

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1. 

2. 

1. 

2. 

3. 

Article 6 
Product specification 

In  order  to  qualify  as  a  traditional  speciality  guaranteed,  an  agricultural  product  or 
foodstuff must comply with a product specification. 

The product specification shall include: 

(a) 

(b) 

(c) 

(d) 

(e) 

the  name  referred  to  in  Article  4(2),  in  one  or  more  languages,  indicating 
whether  the  group  applies  for  registration  with  or  without  reservation  of  the 
name  and  whether  the  group  applies  to  benefit  from  the  provisions  of  Article 
13(3); 

a description of the main physical, chemical, microbiological and organoleptic 
characteristics of the agricultural product or foodstuff; 

a  description  of  the  production  method  that  the  producers  must  follow, 
including the nature and characteristics of the raw material or ingredients used 
and the method of preparation of the agricultural product or foodstuff, 

the  key  elements  that  define  its  specific  character  and,  where  appropriate,  the 
reference basis used; 

the  key  elements  that  prove  its  traditional  character  as  laid  down  in  the  first 
subparagraph of Article 4(1); 

(f) 

the minimum requirements and procedures to check the specific character. 

Article 7 
Applying for registration 

Only a group shall be entitled to apply for registration of the specific character of an 
agricultural product or foodstuff. 

Several  groups  from  different  Member  States  or  third  countries  may  submit  a  joint 
application. 

Groups  may  lodge  applications  only  for  the  agricultural  products  or  foodstuffs  they 
produce or obtain. 

Applications for registration shall include: 

(a) 

the name of the applicant group;  

(b) 

the product specification referred to in Article 6; 

(c) 

the documents proving the product’s specific and traditional character; 

(d)  details of the inspection structures provided for in Article 15. 

4. 

If  the  group  is  located  in  a  Member  State,  the  application  shall  be  lodged  with  the 
competent authority of the Member State in which it is established. 

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Member  States  shall  scrutinize  each  application  by  appropriate  means  in  order  to 
check that it is justified and meets the conditions laid down in this Regulation. 

5. 

When undertaking the scrutiny referred to in the second subparagraph of paragraph 4, 
Member  States  shall  introduce  a  national  objection  procedure  ensuring  adequate 
publication  of  the  application  and  providing  for  a  reasonable  period  in  which  any 
legitimately concerned individual established on its territory may lodge an objection 
to the application. 

Member  States  shall  examine  the  admissibility  of  the  objections  received,  using 
criteria that shall include those listed in the first subparagraph of Article 9(3). 

6. 

Where the requirements of Article 4, 5 and 6 are met, the competent authority shall 
send the Commission: 

– 

– 

– 

– 

the name of the applicant group, 

the product specification referred to in Article 6, 

details of the inspection structures provided for in Article 15, 

a declaration by the Member State that the application submitted by the group 
satisfies the conditions of this Regulation and the rules adopted to implement it. 

Where an application for an agricultural product or foodstuff comes from a group in a 
third  country,  it  shall  be  sent  to  the  Commission  either  directly  or  through  the 
competent authorities of that country, and shall comprise the information laid down in 
paragraph 3.  

The  documents  sent  to  the  Commission  under  this  Article  shall  be  drafted  in  an 
official language of the Community or shall be accompanied by a certified translation 
in one of the Community’s official languages. 

Article 8 
Scrutiny by the Commission 

The Commission shall scrutinise the application in order to check that it is justified 
and meets the conditions laid down in this Regulation.  

The Commission shall make public the list of designations for which applications for 
registration have been made, together with the date on which they were submitted. 

Where  the  conditions  of  this  Regulation  appear  to  be  met,  the  Commission  shall 
publish  in  the  Official  Journal  of  the  European  Union  the  product  specification 
referred  to  in  Article  6,  and  the  details  of  the  applicant  group  and  of  the  inspection 
structure(s) laid down in Article 15.  

If the conditions are not met, the Commission shall decide to reject the application, 
following the procedure laid down in Article 18(3). 

7. 

8. 

1. 

2. 

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Article 9 
Objections 

1. 

2. 

Within four months of the publication in the Official Journal of the European Union 
provided for in the first subparagraph of Article 8(2), any other Member State or third 
country  may  object  to  the  proposed  registration  by  lodging  a  duly  substantiated 
statement. 

Any natural or legal person directly or indirectly involved and established or residing 
in a third country or Member State other than the one that has sought registration may 
object to the proposed registration by lodging a duly substantiated statement.  

In the case of natural or legal persons established or residing in a Member State, the 
statement  shall  be  lodged  with  the  competent  authority  of  that  Member  State  by  a 
deadline enabling an objection to be made in accordance with paragraph 1. 

In the case of natural or legal persons residing in a third country, the statement shall 
be lodged with the Commission, either directly or through the competent authorities 
of the third country concerned, within the deadline laid down in paragraph 1. 

3. 

Statements of objection are only admissible provided they reach the Commission by 
the deadline laid down in paragraph 1 and prove: 

4. 

5. 

(a) 

non-compliance with the conditions laid down in Articles 2, 4 and 5;  

(b)  or,  in  the  case  of  an  application  under  Article 13(2),  that  use  of  the  name  is 
lawful,  recognized  and  economically  significant  for  similar  agricultural 
products or foodstuffs. 

The Commission shall check the admissibility of objections. 

The  criteria  listed  in  the  first  subparagraph  shall  be  tested  and  assessed  on  a 
Community-wide basis. 

If  the  Commission  does  not  receive  any  admissible  objection  under  paragraph 3,  it 
shall register the traditional speciality guaranteed. 

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

If  an  objection  is  admissible  under  paragraph 3,  the  Commission  shall  invite  the 
interested parties to engage in appropriate consultations. 

If  the  interested  parties  reach  an  agreement  within  six  months  they  shall  notify  the 
Commission of all the factors which enabled that agreement to be reached, including 
the  opinions  of  the  applicant  and  the  objector.  If  the  information  published  under 
Article 8(2)  is  unchanged  or  has  changed  in  only  minor  respects,  the  Commission 
shall proceed in accordance with paragraph 4 above. The Commission shall otherwise 
repeat the scrutiny referred to in Article 8(1). 

If no agreement is reached, the Commission shall take a decision in accordance with 
the  procedure  laid  down  in  Article 18(3),  having  regard  to  fair  and  traditional  uses 
practiced and the actual likelihood of confusion. 

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

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6. 

The  documents  sent  to  the  Commission  under  this  Article  shall  be  drafted  in  an 
official language of the Community or shall be accompanied by a certified translation 
in one of the Community’s official languages. 

Article 10 
Cancellation 

The  Commission  may  decide  to  cancel  registration  of  a  traditional  speciality  guaranteed  if, 
after  a  period  to  be  determined,  no  inspection  body  has  been  notified  for  this  product  in 
accordance with Article 15. 

Article 11 
Amending the product specification 

An  amendment  of  a  product  specification  may  be  made  by  a  Member  State  at  the 
request of the producer group of a traditional speciality guaranteed established on its 
territory,  or  by  a  traditional  speciality  guaranteed  producer  group  established  in  a 
third country. In the latter case, the application shall be sent to the Commission either 
directly or through the competent authorities of that third country. 

Applications  shall  demonstrate  a  legitimate  economic  interest  and  describe  the 
amendments sought and the justification therefore. 

Applications for approval of an amendment shall follow the procedure provided for in 
Articles 7, 8 and 9. However, if the only amendments proposed are minor ones, the 
Commission shall decide to approve the change without recourse to the procedure in 
Article 8(2) and Article 9. 

The  competent  authorities  of  the  Member  State  shall  ensure  that  any  producer  or 
processor  applying  the  product  specification  for  which  an  amendment  has  been 
requested  is  informed  of  the  publication.  In  addition  to  statements  of  objection 
referred to in Article 9(3), statements of objection demonstrating an economic interest 
in the production of the traditional speciality guaranteed shall be admissible.  

Article 12 
Markings and symbol 

Only  producers  complying  with  the  product  specification  may  refer  to  a  traditional 
speciality  guaranteed  on  the  labelling,  advertising or other documents relating to an 
agricultural product or foodstuff. 

Where reference is made to a traditional speciality guaranteed on the labelling of an 
agricultural  product  or  foodstuff  produced  within  the  Community,  the  registered 
name, the expression “traditional speciality guaranteed” or its abbreviation “TSG” as 
well as the associated Community symbol shall appear thereon.  

The  indications  referred  to  in  paragraph  2  shall  be  optional  on  the  labelling  of 
traditional specialities guaranteed produced outside the Community.  

1. 

2. 

1. 

2. 

3. 

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1. 

2. 

3. 

1. 

2. 

3. 

Article 13 
Detailed rules on the registered name 

From  the  date  of  publication  as  laid  down  in  Article 9(4),  a  name  entered  in  the 
register provided for in Article 3 may only be used to identify the agricultural product 
or  foodstuff  corresponding  to  the  product  specification  as  a  traditional  speciality 
guaranteed in accordance with the rules laid down in Article 12. However, registered 
names may continue to be used on the labelling of products not corresponding to the 
registered  specification,  but  the  expression  “traditional  speciality  guaranteed”,  the 
abbreviation  “TSG”  or  the  associated  Community  symbol  may  not  be  indicated 
thereon. 

However, a traditional speciality guaranteed may be registered with reservation of the 
name for an agricultural product or foodstuff corresponding to the published product 
specification,  provided  that  the  group  has  requested  this  in  its  application  for 
registration and the procedure provided for in Article 9 does not reveal in use of the 
name  in  a  lawful,  renowned  and  economically  significant  manner  for  similar 
agricultural  products  or  foodstuffs.  From  the  date  of  publication  laid  down  in 
Article 9(4),  the  name,  even  where  unaccompanied  by  the  expression  “traditional 
speciality guaranteed”, the abbreviation “TSG” or the associated Community symbol, 
may no longer be used on the labelling of similar agricultural products or foodstuffs 
not satisfying the registered specification. 

In  the  case  of  designations  whose  registration  is  sought  in  a  single  language,  the 
group may specify in the product specification that, when the product is marketed, the 
label may contain, in addition to the name of the product in the original language, an 
indication  in  the  other  official  languages  that  the  product  has  been  obtained  in 
accordance  with  the  tradition  of  the  region,  Member  State  or  third  country  from 
which the application originated. 

Article 14 
System of controls 

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

Member States shall include operators subject to the provisions of this Regulation in 
their multi-annual national control plans under 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  authority  specifically 
for 
implementing the control system relating to this Regulation. 

responsible 

Article 15 
Controls concerning compliance with the product specification by operators 

1. 

With  a  view  to  carrying  out  controls,  prior  to  marketing,  on  products  to  check 
operator compliance with the product specifications, the competent authority referred 

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to  in  Article 14(3)  may  designate  one  or  more  official  inspection  bodies  or  else 
delegate those controls to one or more private inspection bodies. 

In accordance with Article 7(3)(d), applications shall identify one or more bodies to 
inspect the agricultural products or foodstuffs in question.  

If  production  takes  place  in  a  third  country,  applications  shall  identify  one  or  more 
public or private bodies to undertake the controls 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  shall  have  the 
powers to enforce compliance with this Regulation, including, where appropriate, by 
imposition  of  penalties,  if  they  find  that  an  agricultural  product  or  foodstuff 
designated  as  a  traditional  speciality  guaranteed  does  not  comply  with  the 
requirements laid down in the product specification. 

Each  Member  State  shall  notify  the  Commission  of  the  name  and  address  of  the 
competent authority referred to in Article 14(3), the name and address of whichever 
official  inspection  bodies  are  designated  and  the  name  and  address  of  delegated 
private  inspection  bodies  referred  to  in  the  first  subparagraph  of  paragraph  1,  their 
respective duties, and any changes to this information.  

In the case of producers located in a third country, the group, or, in the absence of a 
group,  the  producer,  shall  send  the  Commission  the  information  listed  in  the  first 
subparagraph, either directly or through the authorities of the third country concerned.  

The  Commission  shall  publish  the  information  referred  to  in  the  first  and  second 
subparagraphs, which shall be periodically updated. 

Member  States  shall  adopt  the  necessary  measures  to  ensure  that  a  producer  who 
complies with this Regulation is inspected by the bodies referred to in this Article. 

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

Article 16 
Producer declarations to an inspection body 

A producer in a Member State intending to produce a traditional speciality guaranteed 
for the first time, even if belonging to the group that made the initial application, shall 
notify  this  fact  beforehand  to  a  designated  inspection  authority  or  body  of  the 
Member  State  in  which  the  producer  is  established,  as  instructed  by  the  competent 
authority referred to in Article 14(3). 

A third-country producer intending to produce a traditional speciality guaranteed for 
the  first  time,  even  if  belonging  to  the  group  making  the  initial  application,  shall 
notify this fact beforehand to a designated inspection authority or body, if need be as 
instructed by the producer group or competent authority of the third country. 

The designated inspection authority or body shall ensure that the producer complies 
with the published information before the product is placed on the market. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

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Article 17 
Protection 

1. 

2. 

3. 

1. 

2. 

3. 

Member  States  shall  take  the  necessary  measures  to  ensure  legal  protection  against 
any misuse or misleading use of the term “traditional speciality guaranteed” and the 
associated  Community  symbol  and  against  any  imitation  of  names  registered  and 
reserved under Article 13. 

Registered names shall be protected against any practice liable to mislead consumers, 
including in particular practices suggesting that an agricultural product or foodstuff is 
a traditional speciality guaranteed recognised by the Community. 

Member  States  shall  take  all  appropriate  measures  to  ensure  that  sales  descriptions 
used at national level do not give rise to confusion with names registered and reserved 
under Article 13(2). 

Article 18 
Standing Committee on Traditional Specialities Guaranteed 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Traditional 
Specialities  Guaranteed,  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. 

Article 19 
Detailed rules of application and transitional provisions 

1. 

In accordance with the procedure referred to in Article 18(2), detailed rules shall be 
adopted for the implementation of this Regulation. They shall cover in particular: 

(a) 

(b) 

(c) 

the information that must be included in the product specification referred to in 
Article 6(2); 

the  submission  of  an  application  for  registration  under  Article 7(1)  by  groups 
based in different Member States or third countries; 

the  transmission  to  the  Commission  of  the  applications  referred  to  in 
Article 7(3), the applications referred to in Article 7(7) and the applications for 
amendments referred to in Article 11; 

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(d) 

the register of traditional specialities guaranteed referred to in Article 3; 

(e) 

(f) 

the objections referred to in Article 9, including rules on adequate consultations 
between the interested parties; 

the cancellation of a traditional speciality guaranteed registration as referred to 
in Article 10; 

(g) 

the markings and symbol referred to in Article 12; 

(h) 

(i) 

(j) 

a  definition  of  the  minor  nature  of  the  amendments  referred  to  in  the  fourth 
subparagraph of Article 11(1); 

equivalent standards for the inspection bodies referred to in Article 15(2); 

the  conditions  for  checking  operator  compliance  with  the  specifications,  as 
referred to in Article 15. 

The  names  already  registered  under  Regulation  (EEC)  No  2082/92  on  the  date  of 
entry  into  force  of  this  Regulation  shall  be  automatically  entered  in  the  register 
referred  to  in  Article  3.  The  relevant  specifications  shall  be  deemed  to  be  the 
specifications referred to in Article 6(1). 

In accordance with the procedure referred to in Article 18(2), the  Commission shall 
adopt a Regulation facilitating the transition from the rules under Regulation (EEC) 
No 2082/92 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 2082/92.  Those  procedures 
may  include  a  requirement  on  applicants  to  provide  additional  information  by  a 
deadline to be fixed. 

2. 

3. 

Article 20 
Fees 

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

Regulation (EEC) No 2082/92 is hereby repealed. 

Article 21 

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

Article 22 

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

However, Article 12(2) shall apply from 1 May 2007.  

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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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ANNEX I 

Foodstuffs referred to in Article 1(1)(b) 

Beer, 

Chocolate and other food preparations containing cocoa, 

Confectionery, bread, pastry, cakes, biscuits and other baker's wares, 

Pasta, whether or not cooked or stuffed, 

Pre-cooked meals, 

Prepared condiment sauces, 

Soups or broths, 

Beverages made from plant extracts, 

Ice-creams and sorbets. 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 2082/92 

This Regulation 

Article 1(1) first subparagraph 
Article 1(1) second subparagraph 
Article 1(2) and (3) 
Article 2(1) first subparagraph 
Article 2(1) second subparagraph 
Article 2(1) third subparagraph 
Article 2(2) first sentence 
Article 2(2) second sentence 
Article 2(3) 
– 
– 
Article 3 
Article 4(1) first subparagraph 
Article 4(2) 

Article 5(1)  
Article 5(2)  
Article 5(3) 
Article 5(4) 
– 
Article 6(1) 
Article 6(2)  
Article 7(1) 
– 
Article 7(3) 
– 
Article 7(2) 
– 
– 
Article 8(1) first subparagraph 
Article 8(1) second subparagraph 
Article 8(2) 
Article 8(3) 
– 
Article 9(1) 

Article 1(1) first subparagraph 
Article 1(1) second subparagraph 
Article 1(2) and (3) 
Article 2(1) point a) 
Article 2(1) second subparagraph 
Article 2(1) third subparagraph 
Article 2(1) point d) 
Article 2(2) fourth subparagraph 
Article 2(1) point c) 
Article 2(1) point b) 
Article 2(2) first subparagraph 
Article 3 
Article 4(1) first subparagraph 
Article 4(1) second subparagraph 

Article 4(2) first subparagraph 
Article 4(2) third subparagraph 
Article 4(2) first sentence of second subparagraph 
Article 4(1) second sentence of second subparagraph 
Article 5 
Article 6(1) 
Article 6(2)  
Article 7(1) 
Article 7(2) 
Article 7(6) 
Article 7(7) and (8) 
Article 7(3) 
Article 7(4) and (5) 
Article 8(1)  
– 
Article 8(2) first subparagraph 
– 
Article 9(1) and (2) 
Article 9(3) 
Article 9(4) 

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Article 9(2) 
Article 10 
Article 11(1) 
Article 11(2) first subparagraph 
– 
Article 11(2) second subparagraph 
Article 11(1) to (4) 
Article 12 
Article 13(1) 
Article 13(2) 
– 
Article 14 
Article 15(1) 
– 
Article 15(2) 
Article 15(3) 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 
Article 21 
– 
Article 22 
Annex 
– 

Article 9(5) 
Article 10 
Article 11(1) first subparagraph 
Article 11(1) third subparagraph 
Article 11(1) second subparagraph 
Article 11(2) 
– 
Article 19(1)(g) 
Article 13(1) 
Article 13(2) 
Article 13(3) 
Articles 14 and 15 
Article 12(1) 
Article 12(2) and (3) 
Article 16(1) 
Article 16(3) 
– 
Article 17(1) and (2) 
Article 17(3) 
Article 18 
Article 19 
– 
Article 21 
Article 22 
Annex I 
Annex II 

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