Council Regulation (EC) No 509/2006 of  20 March 2006  on agricultural products and foodstuffs as traditional specialities guaranteed
Date: 2006-03-20
Institutions: Council of the European Union
Subjects: agricultural product, brand name, consumer information, consumer protection, foodstuff, labelling, preparation for market

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 509/2006

of 20 March 2006

on agricultural products and foodstuffs as traditional specialities guaranteed

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)

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

areas, both by improving the

For the sound running of the internal market in food-
stuffs, 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 fair trade.

specific

character

Council Regulation (EEC) No 2082/92 of 14 July 1992
for agricultural
on certificates of
products and foodstuffs (2) defines the certificates of
specific character, and the term ‘traditional speciality
guaranteed’ was introduced by Commission Regulation
(EEC) No 1848/93 (3), which lays down the detailed
rules for applying Regulation (EEC) No 2082/92. The
certificates of
commonly
referred to as ‘traditional specialities guaranteed’, meet
consumer demand for traditional products with specific
characteristics. Given the diversity of products on the

character, more

specific

(1) Not yet published in the Official Journal.
(2) OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regu-

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

information concerning
market and the abundance of
them, consumers should,
in order to be able to make
better choices, be provided with clear and succinct infor-
mation regarding the specific characteristics of
these
foodstuffs.

(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 this
Regulation more explicit for producers and consumers
the term ‘specific character’ should be precisely
alike,
defined and a definition of the term ‘traditional’ should
be introduced.

(6)

(7)

the consumer,

Certain producers would like to derive market value from
traditional agricultural products or traditional foodstuffs
the inherent characteristics of which distinguish them
clearly from similar products or foodstuffs. In order to
the traditional speciality guar-
protect
anteed should be
Such a
voluntary system, enabling operators to make known
the quality of an agricultural product or a foodstuff
every
throughout
guarantee in order to ensure that any references which
may be made to the quality in the trade are substantiated.

the Community,

to inspection.

subject

should

offer

specific

to the general

character, however,

the European Parliament and of

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 laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs (4). In view of
their
additional
provisions should be adopted for traditional specialities
guaranteed. In order to make for easier and quicker iden-
tification of traditional specialities guaranteed produced
within the Community, use of the indication ‘traditional
speciality guaranteed’ or
the associated Community
symbol should be made obligatory on their labelling,
while affording operators a reasonable amount of time
to adjust to this requirement.

special

(3) OJ L 168, 10.7.1993, p. 35. Regulation as last amended by Regu-

(4) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

lation (EC) No 2167/2004 (OJ L 371, 18.12.2004, p. 8).

2003/89/EC (OJ L 308, 25.11.2003, p. 15).

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(8)

(9)

(10)

(11)

(12)

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

to

be

should

subject

The traditional specialities guaranteed protected within
control
the Community
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 rules (1), as well as
control arrangements to ensure that operators comply
with the product specification before marketing agri-
cultural products and foodstuffs.

To qualify for protection,
traditional specialities guar-
anteed 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

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

Commission

should

The

to it should be specified. The right

In order to improve the efficiency of the registration
procedure, vexatious and unjustified objections should
not be entertained and the grounds on which the
the admissibility of objections
Commission assesses
sent
to object
should be granted to citizens of third countries with a
the same criteria as those
legitimate interest, under
criteria
to Community producers. These
applying
should be evaluated in relation to the territory of the
Community. In the light of the experience gained, the
period for consultations where objections are made
should be adjusted.

(13)

Provisions should be introduced to clarify the scope of
the protection granted under this Regulation, stating in
this Regulation should apply without
particular
prejudice to existing rules concerning trademarks and
geographical indications.

that

should be able to use either a registered name together
with a particular indication and, where appropriate, the
Community symbol associated with the indication ‘tradi-
tional specialities guaranteed’ or a name registered as
or
such,
foodstuff which is produced or processed complies
with the requirements of the relevant specification and
the producer employs the services of authorities or
bodies for verification in accordance with this Regulation.

agricultural

provided

product

that

the

(15)

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

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

cover the costs incurred.

(17)

(18)

The measures necessary for the implementation of this
adopted in accordance with
Regulation should be
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

Provisions should be introduced to identify the rules in
this Regulation that apply to applications for registration
which reach the Commission before its entry into force.
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
this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down the rules under which a tradi-

1.
tional speciality guaranteed may be recognised for:

(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.

(14)

In order to avoid creating unfair conditions of compe-
including third-country producers,
tition, any producer,

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

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

28.5.2004, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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This Regulation shall apply without prejudice to other

2.
specific Community provisions.

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

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 (1) shall not apply to the traditional specialities guar-
anteed covered by this Regulation.

information in the field of

regulations

and of

Article 2

Definitions

1.

For the purposes of this Regulation:

(a)

‘specific character’ means the characteristic or set of char-
acteristics which distinguishes an agricultural product or a
foodstuff clearly from other similar products or foodstuffs
of the same category;

(b) ‘traditional’ means proven usage on the Community market
for
between
showing
generations; this time period should be the one generally
ascribed to one human generation, at least 25 years;

transmission

period

time

a

(c)

‘traditional speciality guaranteed’ means a traditional agri-
cultural
the
foodstuff
Community for its specific character through its registration
under this Regulation;

recognised

product

by

or

Article 3

Register

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

The register shall have two lists of traditional specialities guar-
anteed, 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

In order to appear in the register referred to in Article 3,
1.
an agricultural product or foodstuff shall either be produced
using traditional raw materials or be characterised by a tradi-
tional composition or a mode of production and/or processing
reflecting a traditional type of production and/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 in a name without prejudice to Article 5(1).

2.

To be registered, the name shall:

(d) ‘group’ means any association, irrespective of its legal form
or composition, of producers or processors working with
the same agricultural product or foodstuff.

(a) be specific in itself, or

2.
The characteristic or set of characteristics referred to in
paragraph 1(a) may relate to the product's intrinsic features such
chemical, microbiological or organoleptic
as
features, or to the product's production method or to specific
conditions that pertain during its production.

its physical,

(b) express the specific character of the agricultural product or

foodstuff.

3.
A specific name as referred to in paragraph (2)(a) shall be
traditional and comply with national provisions or be estab-
lished by custom.

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

A name
expressing specific
paragraph (2)(b), may not be registered if:

character, as

referred to in

The specific characteristic defined in paragraph 1(a) may not be
restricted to qualitative or quantitative composition, or to a
mode of production,
laid down in Community or national
in standards set by standardisation bodies or in
legislation,
voluntary standards; however, this rule shall not apply where
the said legislation or standard has been established in order to
define the specificity of a product.

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

(a)

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;

(b) 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 the product's characteristics.

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Article 5

Restrictions on the use of names

A group may lodge a registration application only for the

2.
agricultural products or foodstuffs it produces or obtains.

This Regulation shall

1.
to
Community rules or those of the Member States governing
intellectual property and in particular those concerning geogra-
phical indications and trademarks.

apply without prejudice

The name of a plant variety or breed of animal may form
2.
part of the name of a traditional speciality guaranteed, provided
that it is not misleading as regards the nature of the product.

3.

The application for registration shall include at least:

(a)

the name and address of the applicant group;

(b) the product specification provided for in Article 6;

Article 6

Product specification

(c)

the name and address of the authorities or bodies verifying
compliance with the provisions of the specification, and
their specific tasks;

1.
In order to qualify as a traditional speciality guaranteed
(TSG), an agricultural product or foodstuff shall comply with a
product specification.

(d) the documents proving the product's specific and traditional

character.

2.

The product specification shall include:

If the group is established in a Member State, the appli-

4.
cation shall be lodged with that Member State.

(a)

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

(b) a description of

foodstuff
including its main physical, chemical, microbiological or
organoleptic characteristics;

the agricultural product or

(c) a description of the production method that the producers
including where appropriate the nature and
must follow,
characteristics of
the raw materials or ingredients used
and the method of preparation of the agricultural product
or foodstuff;

(d) the key elements that define the product's specific character

and, where appropriate, the reference basis used;

(e)

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

that prove the product's

The Member State shall scrutinise each application by appro-
priate means in order to check that it is justified and meets the
conditions laid down in this Regulation.

5.
As part of the scrutiny referred to in the second subpar-
agraph of paragraph 4, Member States shall initiate a national
objection procedure, ensuring adequate publication of the appli-
cation and providing for a reasonable period in which any
natural or legal person having a legitimate interest and estab-
lished or resident on its territory may lodge an objection to the
application.

The Member State shall consider
the
objections received in the light of the criteria referred to in
the first subparagraph of Article 9(3).

the admissibility of

6.
If the Member State considers that the requirements of
Articles 4, 5 and 6 are met, it shall forward to the Commission:

(f)

the minimum requirements and procedures to check the
specific character.

(b) the product specification referred to in Article 6;

(a)

the name and address of the applicant group;

Article 7

Application for registration

(c)

the name and address of the authorities or bodies verifying
compliance with the provisions of the specification, and
their specific tasks;

Only a group shall be entitled to apply for registration of

1.
a traditional speciality guaranteed.

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

(d) a declaration by the Member State that it considers that the
application submitted by the group meets the conditions
laid down in this Regulation and the provisions adopted
for its implementation.

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7. 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 autho-
rities of that country, and shall comprise the information laid
down in paragraph 3.

In the case of natural or legal persons established or resident in
a third country,
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.

the statement

The documents referred to in this Article sent

to the
8.
languages of the
Commission shall be in one of the official
institutions of the European Union or be accompanied by a
certified translation in one of those languages.

Article 8

Scrutiny by the Commission

1.
The Commission shall scrutinise by appropriate means the
application received pursuant to Article 7 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 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.

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 infor-
mation referred to in Article 7(3)(a), (b) and (c).

Where this is not the case, the Commission shall decide to
reject the application, following the procedure referred to in
Article 18(2).

Article 9

Objections

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 8(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.
in a Member State other than that
established or resident
applying for the registration or in a third-country, may also
object to the proposed registration by lodging a duly substan-
tiated statement.

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.

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 show:

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

cles 2, 4 and 5; or

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

The Commission shall check the admissibility of objections.

The criteria referred to in the first subparagraph shall be
evaluated in relation to the territory of the Community.

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.

If the interested parties reach an agreement within six months
the factors which
they shall notify the Commission of all
enabled that agreement to be reached, including the applicant's
and the objector's opinions.
the details published in
accordance with Article 8(2) have not been amended or have
been amended in only a minor way, the Commission shall
proceed in accordance with paragraph 4 of this Article. The
Commission shall otherwise repeat the scrutiny referred to in
Article 8(1).

If

is reached,

If no agreement
take a
decision in accordance with the procedure referred to in
Article 18(2), having regard to fair and traditional usage and
the actual likelihood of confusion.

the Commission shall

The decision shall be published in the Official
European Union.

Journal of

the

The documents referred to in this Article sent

to the
6.
Commission shall be drafted in an official
the
institutions of the European Union or be accompanied by a
certified translation in one of those languages.

language of

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Article 10

Cancellation

Article 12

Names, indication and symbol

Where the Commission, in accordance with the detailed rules
referred to in Article 19(f), takes the view that compliance with
the conditions of the specification for an agricultural product or
foodstuff covered by a traditional speciality guaranteed is no
initiate the procedure referred to in
longer ensured,
the registration, which
Article 18(2)
shall be published in the Official Journal of the European Union.

for the cancellation of

it shall

Article 11

Amending the product specification

An amendment of a product

1.
specification may be
requested by a Member State at the request of a group estab-
lished on its territory, or by a group established in a third-
country. In the latter case, the application shall be sent to the
Commission either directly or through the 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 Commission shall publish, where appropriate, the minor
amendments in the Official Journal of the European Union.

2.
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.

3. Where the amendment concerns a temporary change in
the specification resulting from the imposition of obligatory
sanitary or phytosanitary measures by the public authorities,
the request shall be forwarded to the Commission by the
Member State at the request of a group of producers or by a
group established in a third-country. The procedure referred to
in the fourth subparagraph of paragraph 1 shall apply.

1.
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.

2. Where reference is made to a traditional speciality guar-
anteed on the labelling of an agricultural product or foodstuff
produced within the Community, the registered name accom-
panied either by the Community symbol or the indication ‘tradi-
tional speciality guaranteed’ shall appear thereon.

3.
The indication referred to in paragraph 2 shall be optional
on the labelling of traditional specialities guaranteed which are
produced outside the Community.

Article 13

Detailed rules on the registered name

1.
From the date of publication as laid down in Article 9(4)
or (5), a name entered in the register provided for in Article 3
may be used only to identify the agricultural product or
foodstuff corresponding to the product specification as a tradi-
tional 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 indication ‘traditional
the registered specification, but
speciality guaranteed’, the abbreviation ‘TSG’ or the associated
Community symbol may not be indicated thereon.

However, a traditional

speciality guaranteed may be
2.
registered with reservation of
the name for an agricultural
product or foodstuff corresponding to the published product
specification, provided that the group so requested in its appli-
cation for registration and the procedure provided for in Article
9 does not show that the name is used 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) or (5), the name, even where unaccom-
panied by the indication ‘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.

3.
In the case of names whose registration is sought in a
single language, the group may specify in the product specifi-
the label may
cation that, when the product
contain,
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.

in addition to the name of

is marketed,

the product

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Article 14

Official controls

and have at
necessary to carry out their functions.

their disposal

the qualified staff and resources

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.

Article 16

Producer declarations to designated authorities or bodies

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

3.
The Commission shall make public the name and address
of the authorities and bodies referred to in paragraph 1 or in
Article 15 and update it periodically.

Article 15

Verification of compliance with specifications

In respect of agricultural products and foodstuffs produced
1.
within the Community, verification of compliance with the
specifications, before placing the product on the market, shall
be ensured by:

— one or more competent authorities referred to in Article 14,

and/or

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

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

A producer in a Member State intending to produce a
1.
time, even if
traditional speciality guaranteed for
belonging to the group that made the initial application, shall
notify this fact beforehand to the designated authorities or
bodies referred to in Article 14(3) of the Member State in
which the producer
instructed by the
is
competent authorities referred to in Article 14(1).

established, as

the first

speciality guaranteed for

A third-country producer intending to produce a tradi-
2.
even if
tional
belonging to the group making the initial application, shall
notify this fact beforehand to the designated authorities or
bodies referred to in Article 14(3), if need be as instructed by
the producer group or authority of the third-country.

time,

first

the

Article 17

Protection

1. Member States shall take the necessary measures to ensure
legal protection against any misuse or misleading use of the
term ‘traditional speciality guaranteed’, the abbreviation ‘TSG’
and the associated Community symbol and against any
imitation of names registered and reserved under Article 13(2).

2.
Registered names shall be protected against any practice
liable to mislead the consumer, including practices suggesting
that an agricultural product or
is a traditional
speciality guaranteed recognised by the Community.

foodstuff

2.
In respect of agricultural products and foodstuffs produced
in a third-country, verification of compliance with the specifi-
cations, before placing the product on the market, shall be
ensured by:

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

— one or more public authorities designated by the third-

country, and/or

Article 18

Committee procedure

— one or more product certification bodies.

The Commission shall be assisted by the Standing

1.
Committee on Traditional Specialities Guaranteed.

The product certification bodies referred to in paragraphs
3.
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).

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,

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.

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Article 19

Implementing rules and transitional provisions

Article 3. The relevant specifications shall be deemed to be
the specifications referred to in Article 6(1).

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:

3.
In respect of pending applications, statements and requests
received by the Commission before the date of entry into force
of this Regulation:

(a)

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

(a)

the procedures in Article 7 shall not apply;

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

(c)

the transmission to the Commission of
the applications
referred to in Articles 7(3) and (6), and in Article 7(7)
referred to in
and the applications
Article 11;

for amendments

(d) the register of traditional specialities guaranteed referred to

in Article 3;

(e)

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

(f)

the cancellation of a traditional speciality guaranteed regis-
tration as referred to in Article 10;

(g) the indication and symbol referred to in Article 12;

(h) a definition of the minor nature of the amendments referred

to in the fourth subparagraph of Article 11(1);

(b) where the specification includes elements not

listed in
Article 6, the Commission may request a new version of
the product specification compatible with that Article, if it is
necessary to be able to proceed with the application.

Article 20

Fees

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

for

Article 21

Repeal

Regulation (EEC) No 2082/92 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 II.

Article 22

Entry into force

(i)

the conditions for checking compliance with the product
specifications.

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

2.
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

However, Article 12(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

31.3.2006

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Official Journal of the European Union

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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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Official Journal of the European Union

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ANNEX II

CORRELATION TABLE

Regulation (EEC) No 2082/92

This Regulation

Article 1(1) first subparagraph

Article 1(1) first subparagraph

Article 1(1) second 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)

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 1(2) and (3)

Article 2(1) (point (a)

Article 2(2) second subparagraph

Article 2(2) 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)

Article 4(3) second subparagraph

Article 4(3) first 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(1) second subparagraph

Article 8(2) first subparagraph

Article 8(2)

Article 8(3)

—

Article 9(1)

Article 9(2)

Article 10

Article 11(1)

Article 11(2) first subparagraph

—

Article 11(2) second subparagraph

Article 12

Article 13(1)

—

Article 9(1) and (2)

Article 9(3)

Article 9(4)

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)

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L 93/11

Regulation (EEC) No 2082/92

This Regulation

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 13(2)

Article 13(3)

Articles 14 and 15

Article 12(1)

Article 12(2) and (3)

Article 16(1)
—

—

Article 17(1) and (2)

Article 17(3)

Article 18

Article 19
—

Article 21

Article 22

Annex I

Annex II