Council Regulation (EC) No 510/2006 of  20 March 2006  on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 2006-03-20
Institutions: Council of the European Union
Subjects: agricultural product, designation of origin, foodstuff, human nutrition, labelling, location of production, mode of production, product designation

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COUNCIL REGULATION (EC) No 510/2006

of 20 March 2006

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
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

The production, manufacture and distribution of agri-
cultural 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 consi-
derable benefit to the rural economy, particularly in less-
favoured or remote areas, by improving the incomes of
farmers and by retaining the rural population in these
areas.

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

rather

of

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

and succinct

given clear

information

provided,

product

The labelling of agricultural products and foodstuffs is
rules laid down in Directive
subject
2000/13/EC of
the
Council of 20 March 2000 on the approximation of

the European Parliament and of

to the general

(1) Not yet published in the Official Journal.

the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs (2). In view of
their specific nature, additional special provisions should
be adopted for agricultural products and foodstuffs from
a defined geographical area requiring producers to use
the appropriate Community symbols or indications on
packaging. The use of
indications
should 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 products on the market so as to
facilitate checks. A reasonable length of time should be
allowed for operators to adjust to this obligation.

such symbols or

rules on a

Provision should be made for a Community approach to
indications. A
designations of origin and geographical
framework of Community
system of
protection permits the development of geographical indi-
cations 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 should be limited to certain
agricultural products and foodstuffs for which a link
exists between product or foodstuff characteristics and
could be
geographical origin. However,
enlarged to encompass other agricultural products or
foodstuffs.

scope

its

In the light of existing practices, two different types of
geographical description should be defined, namely
protected geographical
indications and protected desig-
nations of origin.

(6)

(7)

(8)

(9)

(10) An agricultural product or

foodstuff bearing such a
description should meet certain conditions set out in a
specification.

(2) 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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(11)

(12)

(13)

(14)

(15)

(16)

To qualify for protection in the Member States, geogra-
phical indications and designations of origin should be
registered at Community level. Entry in a register should
also provide 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 autho-
subject
rities of
to
concerned,
the Member State
provisions,
compliance with minimum common
The
national
including
Commission should subsequently be involved in a
scrutiny procedure to ensure that applications satisfy
the conditions laid down by this Regulation and that
the approach is uniform across the Member States.

procedure.

objection

a

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
availability, acquisition, scope, maintenance and enforce-
ment of intellectual property rights.

The protection afforded by this Regulation, subject to
indi-
registration, should be open to the geographical
cations of third countries where these are protected in
their country of origin.

(17) Member States should be authorised to charge a fee to

cover the costs incurred.

(18)

(19)

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 Commission (4).

The names already registered under 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 (5) 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 appli-
cations received by the Commission before the entry into
force of this Regulation.

(20)

In the interests of clarity and transparency, Regulation
(EEC) No 2081/92 should be repealed and replaced by
this Regulation,

HAS ADOPTED THIS REGULATION:

The registration procedure should enable any natural or
legal person having a legitimate interest in a Member
State or a third country to exercise their rights by
notifying their objections.

Article 1

Scope

There should be procedures to permit amendment of
specifications on request of groups having a legitimate
interest, after registration,
in the light of technological
progress and cancellation 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.

The designations of origin and geographical indications
protected on Community territory should be subject to a
monitoring system of official controls, 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 veri-
fication of compliance with feed and food law, animal
health and animal welfare rules (3), including a system of
checks to ensure compliance with the specification of the
agricultural products and foodstuffs concerned.

This Regulation lays down the rules on the protection of
1.
designations of origin and geographical
indications for agri-
cultural products intended for human consumption listed in
Annex I to the Treaty and for foodstuffs listed in Annex I to
this Regulation and for agricultural products listed in Annex II
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 Council Regulation
(EC) No 1493/1999 of 17 May 1999 on the common organi-
sation of the market in wine (6).

Annexes I and II
accordance with the procedure referred to in Article 15(2).

to this Regulation may be amended in

This Regulation shall apply without prejudice to other

2.
specific Community provisions.

(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regu-

(3) OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191,

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

28.5.2004, p. 1.

(6) OJ L 179, 14.7.1999, p. 1.

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Directive 98/34/EC of the European Parliament and of the
3.
Council of 22 June 1998 laying down a procedure for the
provision of
technical standards
and
rules on Information Society
Services (7) shall not apply to the designations of origin and
geographical indications covered by this Regulation.

information in the field of

regulations

and of

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

indication’ means the name of a region, a
in exceptional cases, a country, used to

specific place or,
describe an agricultural product or a foodstuff:

(b) special conditions for the production of the raw materials

exist; and

(c)

there are inspection arrangements
conditions referred to in point (b) are adhered to.

to ensure that

the

The designations
in question must have been recognised
as designations of origin in the country of origin before
1 May 2004.

Article 3

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

1.

Names that have become generic may not 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;

— originating in that region, specific place or country, and

(b) the relevant national or Community laws.

— which possesses a specific quality, reputation or other
characteristics attributable to that geographical origin,
and

— the production and/or processing and/or preparation of
which take place in the defined geographical area.

2.
Traditional geographical or non-geographical names desig-
nating an agricultural product or a foodstuff which fulfil the
conditions referred to in paragraph 1 shall also be considered as
designations of origin or geographical indications.

Notwithstanding paragraph 1(a),

certain geographical
3.
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;

(7) OJ L 204, 21.7.1998, p. 37.

2.
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 consumer as to the true origin of the product.

3.
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) a homonymous name which misleads the consumer into
believing that products come from another territory shall
not be registered even if the name is accurate as far as the
actual territory, region or place of origin of the agricultural
products or foodstuffs in question is concerned;

(b) 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 the consumer.

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A designation of origin or geographical

indication shall
4.
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 for a protected designation of origin (PDO)
1.
or a protected geographical
indication (PGI), an agricultural
product or foodstuff shall comply with a product specification.

2.

The product specification shall include at least:

(g) the name and address of the authorities or bodies verifying
the specification and

compliance with the provisions of
their specific tasks;

(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 a group shall be entitled to apply for registration.

(a)

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

agricultural product or

the

(b) a description of

the agricultural product or

foodstuff,
including the raw materials,
if appropriate, and principal
physical, chemical, microbiological or organoleptic charac-
teristics of the product or the foodstuff;

its

irrespective of

‘group’ means any asso-
For the purposes of this Regulation,
ciation,
form or composition, of
legal
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).

(c)

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

In the case of a name designating a trans-border geographical
area or a traditional name connected to a trans-border geogra-
phical area, several groups may lodge a joint application in
accordance with the detailed rules referred to in Article 16(d).

(d) evidence that

the foodstuff
the agricultural product or
originates in the defined geographical area referred to in
Article 2(1)(a) or (b), as the case may be;

2.
A group may lodge a registration application only for the
agricultural products or foodstuffs which it produces or obtains.

3.

The application for registration shall include at least:

(e) 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 or ensure the origin or ensure
control;

(f) details bearing out the following:

(i)

the link between the quality or characteristics of the
agricultural product or foodstuff and the geographical
environment referred to in Article 2(1)(a) or, as the case
may be,

(ii) the link between a specific quality, the reputation or
other
the agricultural product or
foodstuff and the geographical origin referred to in
Article 2(1)(b);

characteristic of

(a)

the name and address of the applicant group;

(b) the specification provided for in Article 4;

(c) a single document setting out the following:

(i)

the specification:

the main points of
the name, a
description of the product, including, where appropriate,
specific rules concerning packaging and labelling, and a
concise definition of the geographical area,

environment

(ii) a description of the link between the product and the
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.

geographical

or

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4. Where the registration application relates to a geogra-
phical area in a given Member State, the application shall be
addressed to that Member State.

The measures taken by Member States under the first subpa-
ragraph shall produce effects at national
level only, and they
shall have no effect on intra-Community or international trade.

The Member State shall scrutinise the application by appropriate
means to check that it is justified and meets the conditions of
this Regulation.

7.
In respect of any favourable decision as referred to in the
third subparagraph of paragraph 5, the Member State concerned
shall forward to the Commission:

the Member State shall

As part of the scrutiny referred to in the second subpa-
5.
ragraph of paragraph 4,
initiate a
national objection procedure ensuring adequate publication of
the application and providing for a reasonable period within
which any natural or legal person having a legitimate interest
and established or
resident on its territory may lodge an
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 subpa-
ragraph of Article 7(3).

If the Member State considers that the requirements of this
Regulation are met,
take a favourable decision and
forward to the Commission the documents referred to in
paragraph 7 for a final decision.
the Member State
shall decide to reject the application.

it shall

If not,

The Member State shall ensure that its favourable decision is
made public and that any natural or legal person having a
legitimate interest has means of appeal.

The Member State shall ensure that the version of the specifi-
cation on which its favourable decision is based is published,
and assure electronic access to the specification.

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
lodged with the
the date on which the
Commission.

application is

The adjustment period provided for in the first subparagraph
the undertakings
may be granted only on condition that
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.

(a)

the name and address of the applicant group;

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

(c) a declaration by the Member State that it considers that the
application lodged by the group and qualifying for the
favourable 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.

8. Member States shall
introduce the laws, regulations or
administrative provisions necessary to comply with paragraphs
4 to 7 not later than 31 March 2007.

9. 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 authorities of the third country concerned.

The documents referred to in this Article sent to the
languages of the
the European Union or accompanied by a

10.
Commission shall be in one of the official
institutions of
certified translation in one of those languages.

Article 6

Scrutiny by the Commission

1.
The Commission shall scrutinise by appropriate means the
application received pursuant to Article 5 to check that it is
justified and meets the conditions laid down in this Regulation.
This scrutiny should not exceed a period of 12 months.

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.

The Commission shall, each month, 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.

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2. Where, based on the scrutiny carried out pursuant to the
first subparagraph of paragraph 1, the Commission considers
that the conditions laid down in this Regulation are met, it shall
publish in the Official Journal of the European Union the single
document and the reference to the publication of the specifi-
cation referred to in the fifth subparagraph of Article 5(5).

Where this is not the case, the Commission shall decide, to
reject the application, following the procedure referred to in
Article 15(2).

Article 7

Objection/decision on registration

1. Within six 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 lodging a duly
substantiated statement with the Commission.

Any natural or legal person having a legitimate interest,
2.
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 substan-
tiated statement.

(d) 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), (c) and (d) of the first
subparagraph shall be evaluated in relation to the territory of
the Community, which in the case of intellectual property rights
refers only to the territory or territories where the said rights are
protected.

If the Commission receives no admissible objection under

4.
paragraph 3, it shall register the name.

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

If an objection is admissible under paragraph 3,

the
invite the interested parties to engage in

5.
Commission shall
appropriate consultations.

In the case of natural or legal persons established or resident in
a Member State, such statement shall be lodged with that
Member State within a time-limit permitting an objection in
accordance with paragraph 1.

In the case of natural or legal persons established or resident in
a third country, such statement shall be lodged with the
Commission, either directly or via the authorities of the third
country concerned, within the time limit-set in paragraph 1.

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 applicant's
and the objector's opinions.
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 of
this Article. The Commission shall
otherwise repeat the scrutiny referred to in Article 6(1).

If

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:

is reached,

If no agreement
take a
decision in accordance with the procedure referred to in
Article 15(2), having regard to fair and traditional usage and
the actual likelihood of confusion.

the Commission shall

(a) show non-compliance with the conditions referred to in

Article 2; or

The decision shall be published in the Official
European Union.

Journal of

the

(b) show that the registration of the name proposed would be

contrary to paragraphs 2, 3 and 4 of Article 3; or

(c) show that the registration of the name proposed would
jeopardise the existence of an entirely or partly identical
name or of a trademark 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); or

6.
The Commission shall maintain updated a register of
protected designations of origin and protected geographical
indications.

The documents referred to in this Article sent

7.
Commission shall be drafted in an official
institutions of
certified translation into one of those languages.

to the
the
the European Union or accompanied by a

language of

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Article 8

Names, indications and symbols

sanitary or phytosanitary measures by the public authorities,
the procedures set out in paragraph 3 shall apply.

A name registered under this Regulation may be used by
foodstuffs

1.
any operator marketing agricultural product or
conforming to the corresponding specification.

Article 10

Official controls

In the case of the agricultural products and foodstuffs
2.
originating in the Community marketed under
a name
registered in accordance with this Regulation, the indications
‘protected designation of origin’ and ‘protected geographical
indication’ or the Community symbols associated with them
shall appear on the labelling.

3.
In the case of agricultural products and foodstuffs origi-
nating in third countries marketed under a name registered in
accordance with this Regulation the indications referred to in
paragraph 2 and the Community symbols associated with them
may equally appear on the labelling.

1. Member States shall designate the competent authority or
authorities responsible for controls in respect of the obligations
established by this Regulation in conformity with Regulation
(EC) No 882/2004.

2. Member States shall ensure that any operator complying
with this Regulation is entitled to be covered by a system of
official controls.

The Commission shall make public the name and address
3.
of the authorities and bodies referred to in paragraph 1 or in
Article 11 and update it periodically.

Article 9

Article 11

Approval of changes to specifications

Verification of compliance with specifications

1.
A group satisfying the conditions of Article 5(1) and (2)
and having a legitimate interest may apply for approval of an
amendment to a specification, in particular to take account of
developments
to
in scientific and technical knowledge or
redefine the geographical area referred to in Article 4(2)(c).

In respect of geographical indications and designations of
1.
origin relating to a geographical area within the Community,
verification of compliance with the specifications, before placing
the product on the market, shall be ensured by:

Applications
amendments requested.

shall

describe

and

give

reasons

for

the

— one or more competent authorities referred to in Article 10

and/or

2. 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, 6 and 7.
However,
the
Commission shall decide whether to approve the application
without
following the procedure laid down in Article 6(2)
and Article 7 and in the case of approval shall proceed to
publication of the elements referred to in Article 6(2).

if the proposed amendments are only minor,

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

(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,
to approve

Commission shall determine whether
proposed amendment.

the
the

4. Where the amendment concerns a temporary change in
the specification resulting from the imposition of obligatory

— one or more control bodies within the meaning of Article 2
of Regulation (EC) No 882/2004 operating as a product
certification body.

The costs of such verification of compliance with the specifi-
cations shall be borne by the operators subject
to those
controls.

2.
In respect of the geographical indications and designations
of origin relating to a geographical area in a third country,
verification of
specifications, before
compliance with the
placing the product on the market, shall be ensured by:

— one or more public authorities designated by the third

country and/or

— one or more product certification bodies.

3.
The product certification bodies referred to in paragraphs
1 and 2 shall comply with and, from 1 May 2010 be accredited
in accordance with European standard EN 45011 or ISO/IEC
Guide 65 (General requirements for bodies operating product
certification systems).

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4. Where, the authorities referred to in paragraphs 1 and 2,
have chosen to verify compliance with the specifications, they
shall offer adequate guarantees of objectivity and impartiality,
and have at
the qualified staff and resources
necessary to carry out their functions.

their disposal

Article 12

Cancellation

1. Where the Commission, in accordance with the detailed
rules referred to in Article 16(k), takes the view that compliance
with the conditions of
the specification for an agricultural
foodstuff covered by a protected name is no
product or
initiate the procedure referred to in
longer ensured,
Article 15(2)
the registration, which
shall be published in the Official Journal of the European Union.

for the cancellation of

it shall

2.
Any natural or legal person having a legitimate interest,
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.

Article 13

Protection

1.

Registered names shall be protected against:

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

(b) any misuse, imitation or evocation, even if the true origin of
the product
the protected name is
translated or accompanied by an expression such as ‘style’,
‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar;

indicated or

is

if

(c) 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 consumer as to the

true origin of the product.

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

2.

Protected names may not become generic.

3.
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), solely where a statement
of objection has been declared admissible on the grounds that
the proposed name would jeopardise the
registration of
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 estab-
lished 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 Article 5(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 5(6) may not exceed five years. Where the adjustment
period referred to in Article 5(6) exceeds five years, no transi-
tional period shall be granted.

4. Without prejudice to Article 14, the Commission may
decide to allow, under the procedure provided for in Article
15(2), 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)

the identical unregistered name has been in legal use consis-
tently and equitably for at least 25 years before 24 July
1993;

(b) 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 consumer 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
exceeding a
maximum of 15 years, after which the unregistered name
shall cease to be used.

a period not

co-exist

for

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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Article 14

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

Relations between trademarks, designations of origin and
geographical indications

1. Where a designation of origin or a geographical indication
is registered under this Regulation, the application for regis-
tration of a trademark corresponding to one of the situations
referred to in Article 13 and relating to the same class of
product shall be refused if the application for registration of
the trademark is submitted after the date of submission of the
registration application to the Commission.

(b) the information that must be included in the product speci-

fication referred to in Article 4(2);

(c)

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

(d) 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);

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

(e)

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

territory of

in good faith within the

2. With due regard to Community law, a trademark the use
of which corresponds to one of the situations referred to in
Article 13 which has been applied for, registered, or established
if that possibility is provided for by the legislation
by use,
concerned,
the
Community, before either the date of protection of the desig-
nation 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 inva-
lidity or revocation exist as specified by First Council Directive
89/104/EEC of 21 December 1988 to approximate the laws of
the Member States relating to trade marks (8) or Council Regu-
lation (EC) No 40/94 of 20 December 1993 on the Community
trade mark (9).

Article 15

Committee procedure

The Commission shall be assisted by the Standing
and

1.
Committee
Protected Designations of Origin.

Protected Geographical

Indications

on

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

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its own Rules of Procedure.

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:

(8) OJ L 40, 11.2.1989, p. 1.
(9) OJ L 11, 14.1.1994, p. 1.

(f) objections referred to in Article 7, including rules on appro-

priate consultations between the interested parties;

(g) the indications and symbols referred to in Article 8;

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

(i)

(j)

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

the conditions for checking compliance with the product
specifications;

(k) the conditions for cancellation of registration.

Article 17

Transitional provisions

1.
The names that, on the date of entry into force of this
Regulation, are listed in the Annex of Commission Regulation
(EC) No 1107/96 (10) and those listed in the Annex of
Commission on Regulation (EC) No 2400/96 (11) shall be auto-
matically entered in the register referred to in Article 7(6) of
this Regulation. The corresponding specifications
shall be
deemed to be the specifications referred to in Article 4(1).
Any specific transitional provisions associated with such regis-
trations shall continue to apply.

(10) Commission Regulation (EC) No 1107/96 of 12 June 1996 on the
registration of geographical indications and designations of origin
under the procedure laid down in Article 17 of Council Regulation
(EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1). Regulation as last
amended by Regulation (EC) No 704/2005 (OJ L 118, 5.5.2005,
p. 14).

(11) Commission Regulation (EC) No 2400/96 of 17 December 1996
on the entry of certain names in the ‘Register of protected desig-
indications’ provided
nation of origin and protected geographical
for in Council Regulation (EEC) No 2081/92 on the protection of
geographical indications and designations of origin for agricultural
products and foodstuffs (OJ L 327, 18.12.1996, p. 11). Regulation
as last amended by Regulation (EC) No 417/2006 (OJ L 72,
11.3.2006, p. 8).

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In respect of pending applications, statements and requests
2.
received by the Commission before the date of entry into force
of this Regulation:

(a)

the procedures
prejudice to Article 13(3); and

in Article 5 shall not apply, without

(b) the summary of the specification drawn up in conformity
with Commission Regulation (EC) No 383/2004 (12) shall
replace the single document referred to in Article 5(3)(c).

The Commission may adopt,

3.
if necessary, other transi-
tional provisions in accordance with the procedure referred to
in Article 15(2).

Article 19

Repeal

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

References made to the repealed Regulation shall be construed
as being made to this Regulation and should be read in
accordance with the correlation table in Annex III.

Article 20

Entry into force

Article 18

Fees

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

Member States may charge a fee to cover their costs, including
those incurred in scrutinising applications
registration,
for amendments and
statements of objection, applications
requests for cancellations under this Regulation.

for

However, Article 8(2) shall apply with effect from 1 May 2009,
without prejudice to products already placed on the market
before that date.

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

Done at Brussels, 20 March 2006.

For the Council
The President

J. PRÖLL

(12) Commission Regulation (EC) No 383/2004 of 1 March 2004 laying
down detailed rules for applying Council Regulation (EEC) No
2081/92 as regards the summary of
the
product specifications (OJ L 64, 2.3.2004, p. 16).

the main points of

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ANNEX I

Foodstuffs referred to in Article 1(1)

— 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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ANNEX II

Agricultural products referred to in Article 1(1)

— hay,

— essential oils,

— cork,

— cochineal (raw product of animal origin),

— flowers and ornamental plants,

— wool,

— 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 3(2)

—

Article 4

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

Article 5(4), first subparagraph

Article 5(4), second subparagraph

Article 5(5)

Article 5(5), second subparagraph

Article 5(6), first subparagraph

—

Article 5(5), third subparagraph

Article 5(6), second 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 5(7)

Article 5(8)

Article 5(9) and (10)

Article 6(1), first subparagraph

—

Article 6(1), second subparagraph

Article 6(2), first subparagraph

Article 7(4)

Article 6(2), second subparagraph

—

—

Article 3(3)

Article 7(1)

—

Article 7(2), first subparagraph

Article 7(2), second and third subparagraph

Article 7(3)

Article 7(5)

Article 7(6) and (7)

Article 8(1)

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Regulation (EEC) No 2081/92

This Regulation

Article 8
—

Article 9, first subparagraph

Article 9, second and third subparagraphs
—

—

Article 10(1)

Article 10(2)
—

Article 10(3)

Article 10(4)

Article 10(5)

Article 10(6)

Article 10(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

Article 16
—

Article 18

Annex I

Annex II

Article 8(2)

Article 8(3)

Article 9(1)

Article 9(2)

Article 9(3) and (4)

Article 10(1)
—

Article 11(1)

Article 11(2)

Article 11(3) and (4)
—

Article 10(3)

Article 10(2)

Article 11(1), second subparagraph
—

Article 12(1)

Article 12(2)
—

—

Article 13(1)

Article 13(2)

Article 13(3), first subparagraph

Article 13(3), second subparagraph

Article 13(4)

Article 14(1) and (2)

Article 3(4)

Article 15

Article 16

Articles 17 to 19

Article 20

Annex I

Annex II