Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 2006-12-14
Institutions: European Commission
Subjects: agricultural product, designation of origin, foodstuff, labelling, location of production, product designation, quality label, quality standard

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I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1898/2006

of 14 December 2006

laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the
protection of geographical indications and designations of origin for agricultural products and
foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications
and designations of origin for agricultural products and food-
stuffs (1), and in particular Article 16 and Article 17(3) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 510/2006 has set up the general rules
for the protection of geographical indications and desig-
nations of origin and repealed Council Regulation (EEC)
No 2081/92 (2).

For the sake of clarity, Commission Regulation (EEC)
No 2037/93 of 27 July 1993 laying down detailed rules
of application of Council Regulation (EEC) No 2081/92
on the protection of geographical indications and desig-
nations of origin for agricultural products and food-
stuffs (3) and 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 sum-
mary of the main points of the product specifications (4)
should be repealed and replaced by a new Regulation.

The conditions in which one natural or legal person may
apply for registration should be laid down. Specific atten-
tion should be paid to delimitation of the area, taking into
account the traditional zone of production, and character-
istics of the product. Any producer established in the
defined geographical area should be able to use the regis-
tered name as long as the conditions in the product speci-
fication are fulfilled.

(1) OJ L 93, 31.3.2006, p. 12.
(2) OJ L 208, 24.7.1992, p. 1.
(3) OJ L 185, 28.7.1993, p. 5. Regulation as last amended by Regulation

(EC) No 2168/2004 (OJ L 371, 18.12.2004, p. 12).

(4) OJ L 64, 2.3.2004, p. 16.

Only a name that is in use in commerce or in common
language, or which has been used historically to refer to
the specific agricultural product or foodstuff, may be reg-
istered. Specific rules concerning linguistic versions of a
name, names covering several distinct products and names
that are wholly or partially homonymous with names of
plant varieties or animal breeds should be laid down.

(5)

(6)

The geographical area should be defined with regard to
the link and in a detailed, precise way that presents no
ambiguities for producers or competent authorities and
control bodies to know if the operations take place inside
the defined geographical area.

A list of raw materials for designations of origin which
in accordance with Article 2(3) of Regulation (EC)
No 510/2006 may come from a geographical area larger
than or different from the processing area should be pro-
vided. Pursuant
to Article 2(5) of Regulation (EEC)
No 2081/92, only live animals, meat and milk have been
included in the list. For the sake of continuity, no changes
to this list are proposed.

(7)

The product specification must include the measures taken
to ensure proof of origin, allowing following the path of
the product, raw materials, feed and other items that are
required to come from the defined geographical area.

(8) Where packaging of an agricultural product or foodstuff
or operations concerning its presentation, such as slicing
or grating, are restricted to a defined geographical area,
this constitutes a restriction on free movement of goods
and freedom to provide services. In the light of the case-
law of the Court of Justice, such restrictions can only be
imposed if they are necessary, proportionate and capable
of upholding the reputation of the geographical indica-
tion or the designation of origin. Justifications for such
restrictions must be provided.

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(9)

(10)

To ensure coherent implementation of Regulation (EC)
No 510/2006, procedures should be specified and mod-
els concerning applications, objections, amendments and
cancellations should be provided for.

The measures provided for in this Regulation are in accor-
dance with the opinion of the Standing Committee on
Protected Geographical Indications and Protected Desig-
nations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down detailed rules for implementation of
Regulation (EC) No 510/2006.

Article 2

Specific rules for a group

A single natural or legal person may be treated as a group within
the meaning of the second subparagraph of Article 5(1) of Regu-
lation (EC) No 510/2006 where it is shown that both of the fol-
lowing conditions are fulfilled:

(a)

the person concerned is the only producer in the defined
geographical area willing to submit an application;

(b)

the defined geographical area possesses characteristics which
differ appreciably from those of neighbouring areas or the
characteristics of the product are different from those pro-
duced in neighbouring areas;

Article 3

Specific rules for a name

1.
Only a name that is used, whether in commerce or in com-
mon language, to refer to the specific agricultural product or
foodstuff may be registered.

The name of an agricultural product or foodstuff may be regis-
tered only in the languages which are or were historically used
to describe the said product in the defined geographical area.

2.
A name shall be registered in its original script. Where the
original script is not in Latin characters, a transcription in Latin
characters shall also be registered together with the name in its
original script.

3.
Names that are wholly homonymous with names of plant
varieties or animal breeds for comparable products may not be
registered if it is shown before the expiry of the objection proce-
dure referred to in Article 7 of Regulation (EC) No 510/2006
that the variety or breed is in such commercial production out-
side the defined area prior to the date of application that con-
sumers would be liable to confuse the products bearing the
registered name and the variety or the breed.

Names that are partly homonymous with names of plant variet-
ies or animal breeds may be registered, even if the variety or
breed is in significant commercial production also outside the
area, provided consumers would not be liable to confuse the
products bearing the registered name and the variety or the breed.

4. Where the application for registration of a name or
approval of an amendment contains a description of the agricul-
tural product or foodstuff pursuant to point (b) of Article 4(2)
of Regulation (EC) No 510/2006 that describes several distinct
products of the same type, the requirements for registration must
be shown for each distinct product.

For the purposes of this paragraph, ‘distinct products’ are those
differentiated when placed on the market.

Article 4

Definition of the geographical area

The geographical area shall be delimited with regard to the link
referred to in point
(f) of Article 4(2) of Regulation (EC)
No 510/2006.

The geographical area must be defined in a detailed, precise way
that presents no ambiguities.

Article 5

Specific rules on raw materials and feed

1.
Only live animals, meat and milk may be considered as raw
materials for the purposes of Article 2(3) of Regulation (EC)
No 510/2006.

2.
Any restriction on the origin of raw materials for a geo-
graphical indication must be justified in relation to the link
referred to in point (ii) under point (f) of Article 4(2) of Regula-
tion (EC) No 510/2006.

3.
In respect of a product of animal origin designated as a des-
ignation of origin, detailed rules on the origin and quality of feed
shall be included in the product specification. Feed shall be
sourced as far as practicable from within the defined geographi-
cal area.

Article 6

Proof of origin

The product specification shall identify procedures which
1.
operators must have in place for information on proof of origin,
referred to in point (d) of Article 4(2) of Regulation (EC)
No 510/2006, concerning the product, raw materials, feed and
other items that, according to the product specification, are
required to come from the defined geographical area.

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Operators referred to in paragraph 1 shall be able to

2.
identify:

Article 8

Packaging in the defined geographical area

(a)

the supplier, quantity and origin of all batches of raw mate-
rial and/or products received;

(b)

the recipient, quantity and destination of products supplied;

(c)

correlation between each batch of inputs referred to in
point (a) and each batch of outputs referred to in point (b).

Article 7

Link

1.
Details bearing out the links referred to in point (f) of
Article 4(2) of Regulation (EC) No 510/2006 shall provide an
explanation how the characteristics of the defined geographical
area affect the final product.

2. With regard to a designation of origin the product specifi-
cation shall set out:

(a) details of the geographical area, including natural and human

factors, relevant to the link;

If the applicant group determines in the product specification
that the packaging of the agricultural product or the foodstuff
referred to in point
(e) of Article 4(2) of Regulation (EC)
No 510/2006 must take place in the defined geographical area,
justifications, specific to the product, for such restrictions on free
movement of goods and freedom to provide services must be
given.

Article 9

Specific rules on labelling

A Member State may provide that the name of the authority or
body referred to in point (g) of Article 4(2) of Regulation (EC)
No 510/2006 must appear on the label of the agricultural prod-
uct or foodstuff designated as a protected designation of origin
or a protected geographical indication that is produced within
its territory.

Article 10

Applying for registration

1.
An application for registration shall consist of documents
required pursuant to Article 5(7) or 5(9) of Regulation (EC)
No 510/2006, as appropriate, and an electronic copy of the prod-
uct specification and single document when those documents are
required in the said paragraphs.

(b) details of the quality or characteristics of the agricultural
product or foodstuff essentially or exclusively due to the geo-
graphical environment;

Information on the legal status, size and composition of the
applicant group shall also be submitted.

(c) description of the causal interaction between details referred

to in point (a) and details referred to in point (b).

2.
The date of submission of an application to the Commis-
sion is the date on which the application is entered in the Com-
mission’s mail registry in Brussels.

3. With regard to a geographical indication the product speci-
fication shall set out:

(a) details of the geographical area relevant to the link;

(b) details of the specific quality, reputation or other character-
istics of the agricultural product or foodstuff attributable to
the geographical origin;

Article 11

Single document

1.
The single document shall be drawn up in accordance with
the form in Annex I to this Regulation for each application for a
designation of origin or a geographical indication within the
meaning of Article 5 of Regulation (EC) No 510/2006 and for
each request concerning approval of an amendment within the
meaning of Article 9(2) of that Regulation.

(c) description of the causal interaction between details referred

to in point (a) and details referred to in point (b).

2.
The type of the agricultural product or foodstuff product
shall be indicated in accordance with the classification in Annex II
to this Regulation.

4. With regard to a geographical indication, the product speci-
fication shall state whether it is based on a specific quality or
reputation or other characteristics attributable to its geographi-
cal origin.

3.
Description of the product in the single document must
include specific technical data commonly used in that product
type to describe the product, including where appropriate orga-
noleptic data.

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Article 12

Trans-border applications

Where several groups lodge a joint application for a name des-
ignating a trans-border geographical area or for a traditional
name connected to a trans-border geographical area, the follow-
ing rules shall apply:

(i) where only Member States are concerned, the national objec-
tion procedure referred to in Article 5(5) of Regulation (EC)
No 510/2006 shall be carried out in all Member States con-
cerned; the application shall be submitted by any of those
Member States in the name of the others, including the dec-
larations from all the Member States concerned, referred to
in point (c) of Article 5(7) of that Regulation;

(ii) where only third countries are concerned, the conditions laid
down in Article 5(9) of Regulation (EC) No 510/2006 shall
be fulfilled in respect of all of them; the application is sub-
mitted to the Commission by any of the applicant groups
concerned in the name of the others, directly or via its
authorities, including the proof of protection in each of the
third countries concerned referred to in Article 5(9) of that
Regulation;

(iii) where at least one Member State and at least one third coun-
try are concerned, the national objection procedure referred
to in Article 5(5) of Regulation (EC) No 510/2006 shall be
carried out in all Member States concerned and the condi-
tions
laid down in Article 5(9) of Regulation (EC)
No 510/2006 shall be fulfilled in all third countries con-
cerned; the application shall be submitted to the Commis-
sion by any Member State concerned or any of the applicant
groups in third countries concerned, directly or via the
authorities of the third country concerned, including the dec-
larations from all the Member States concerned, referred to
in point (c) of Article 5(7) of that Regulation and the proof
of protection in each of the third countries concerned
referred to in Article 5(9) of the said Regulation.

Article 13

Objections

A statement of objection for the purposes of Article 7 of
1.
Regulation (EC) No 510/2006 may be drawn up in accordance
with the form in Annex III to this Regulation.

2.
In determining the admissibility of the objection pursuant
to Article 7(3) of Regulation (EC) No 510/2006, the Commis-
sion shall check that the statement includes reasons and justifi-
cation for the objection.

4. When the procedure referred to in the first sentence of
the second subparagraph of Article 7(5) of Regulation (EC)
No 510/2006 has terminated, the Member State of application
or the third-country applicant shall communicate the results of
each consultation to the Commission within one month and may
use the form in Annex IV to this Regulation.

Article 14

Indications and symbols

1.
The Community symbols referred to in Article 8 of Regu-
lation (EC) No 510/2006 shall be reproduced as laid down in
Annex V to this Regulation. The indications ‘PROTECTED DES-
IGNATION OF ORIGIN’ and ‘PROTECTED GEOGRAPHICAL
INDICATION’ within the symbols may be replaced by the equiva-
lent terms in another official language of the Community as laid
down in Annex V to this Regulation.

2. Where the Community symbols or the indications referred
to in Article 8 of Regulation (EC) No 510/2006 appear on the
label of a product, they shall be accompanied by the registered
name.

Article 15

Register

The Commission shall maintain at its seat in Brussels the
1.
‘Register of protected designations of origin and protected geo-
graphical indications’, hereafter referred to as ‘the Register’.

2.
Upon entry into force of a legal instrument registering a
name, the Commission shall record the following data in the
Register:

(a)

the registered name of the product in compliance with the
provisions of Article 3(2) of this Regulation;

(b)

information that the name is protected as a geographical
indication or as a designation of origin;

(c)

the class of the product as referred to in Annex II to this
Regulation;

(d)

indication of the country of origin;

and

(e)

reference to the instrument registering the name.

3.
The period of six months referred to in Article 7(5) of Regu-
lation (EC) No 510/2006 shall commence on the date of dis-
patch of the Commission’s invitation to the interested parties to
reach agreement among them.

3.
In respect of the names automatically registered by virtue
of Article 17(1) of Regulation (EC) No 510/2006, the Commis-
sion shall record in the Register, by 31 December 2007, the data
provided for in paragraph 2 of this Article.

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Article 16

Amendments to specification

Article 17

Cancellation

An application for approval of changes to the product
1.
specification shall be drawn up in accordance with Annex VI to
this Regulation

In the case of an application for approval of changes to
2.
specifications under Article 9(2) of Regulation (EC) No 510/2006:

The Commission may take the view that the compliance
1.
with the conditions of the specification for an agricultural prod-
uct or foodstuff covered by a protected name is no longer pos-
sible or cannot be ensured in particular, if the conditions laid
down in Article 11 of Regulation (EC) No 510/2006 are not ful-
filled, and the situation is likely to continue.

(a)

(b)

(c)

the information required under Article 5(7) of Regulation
(EC) No 510/2006 shall comprise the duly completed appli-
cation referred to in paragraph 1 and the declaration referred
to in point (c) of Article 5(7) of the said Regulation;

the information required under Article 5(9) of Regulation
(EC) No 510/2006 shall comprise the duly completed appli-
cation referred to in paragraph 1 and the proposed updated
product specification;

the information to be published in accordance with
Article 6(2) of Regulation (EC) No 510/2006 shall comprise
the duly completed document drawn up in accordance with
Annex VI to this Regulation.

2.
A request for a cancellation of a registration pursuant to
Article 12(2) of Regulation (EC) No 510/2006 shall be drawn up
in accordance with Annex VII to this Regulation.

The information required under Articles 5(7) and 5(9) of Regu-
lation (EC) No 510/2006 shall comprise the duly completed
request for cancellation referred to in the first subparagraph of
this paragraph.

Article 5(6) of Regulation (EC) No 510/2006 shall not apply.

The request for cancellation shall be made public pursuant to
Article 6(1) of Regulation (EC) No 510/2006.

3.
In the case of amendments referred to in paragraphs 3 or 4
of Article 9 of Regulation (EC) No 510/2006 that the Commis-
sion has approved, the Commission shall make public the
amended product specification.

The information to be published under Article 6(2) of Regula-
tion (EC) No 510/2006 shall comprise the duly completed docu-
ment drawn up in accordance with Annex VII to this Regulation.

4.

For an amendment to be regarded as minor, it cannot:

(a)

relate to the essential characteristics of the product;

Statements of objection shall be admissible pursuant
to
Article 7(3) of Regulation (EC) No 510/2006 only if they show
continued commercial reliance by an interested person on the
registered name.

(b) alter the link;

(c)

include a change to the name, or to any part of the name,
of the product;

(d) affect the defined geographical area;

(e)

represent an increase in restrictions on trade in the product
or its raw materials.

5. Where the Commission decides to accept an amendment
to the specification that includes or comprises a change to the
information recorded in the Register provided for in Article 15
of this Regulation, it shall strike the original data from the Reg-
ister and record the new data in the Register with effect from the
entry into force of the said decision.

3. When a cancellation takes effect, the Commission shall
strike the name from the Register provided for in Article 15 of
this Regulation.

Information submitted to the Commission pursuant to this

4.
Article shall be in both paper and electronic form.

Article 18

Transitional rules

If, pursuant

1.
to Article 17(2) of Regulation (EC)
No 510/2006, the single document is replaced by the summary
of the specification, the said summary shall be drawn in confor-
mity with the model in Annex VIII to this Regulation.

6.
Information submitted to the Commission pursuant to this
Article shall be in both paper and electronic form. The date of
submission of an amendment application to the Commission is
the date on which the application is entered in the Commission’s
mail registry in Brussels.

In respect of names registered prior to the date of entry
2.
into force of Regulation (EC) No 510/2006 the Commission shall,
at the request of a Member State, publish a single document sub-
mitted by that Member State and drawn up in accordance with
the model in Annex I to this Regulation. The publication shall be
accompanied by the reference of publication of the specification.

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The provisions of this Regulation shall apply with effect

3.
from the date of entry into force, subject to the following:

(d) The provisions of Article 14(2) shall apply not later than
1 January 2008, without prejudice to products placed on the
market before that date.

(a) The provisions of Articles 2 to 8 shall only apply in respect
of procedures for registration and approval of amendments
where the publication pursuant to Article 6(2) of Regula-
tion (EC) No 510/2006 or pursuant to Article 6(2) of Regu-
lation (EEC) No 2081/92 has not taken place before entry
into force of this Regulation;

(b) The provisions of Articles 10, 11, 12, 16(1), 16(2), 16(3),
16(6) and 17(2) shall only apply in respect of applications
for registration, approval of amendments and requests for
cancellation received after 30 March 2006;

(c) The provisions of paragraphs 1 to 3 of Article 13 shall
only apply in respect of objection procedures for which
the 6 month period in Article 7(1) of Regulation (EC)
No 510/2006 has not commenced at the date of entry into
force of this Regulation. The provisions of Article 13(4) shall
only apply in respect of objection procedures for which the
6 month period in Article 7(1) has not expired at the date
of entry into force of this Regulation;

Article 19

Repeal

Regulations (EEC) No 2037/93 and (EC) No 383/2004 are
repealed.

References to the repealed acts shall be construed as references
to this Regulation.

Article 20

Entry into force

This Regulation shall enter into force on the seventh day follow-
ing that of its publication in the Official Journal of the European
Union.

However, point (b) of Article 18(3) shall apply with effect from
31 March 2006.

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

Done at Brussels, 14 December 2006.

For the Commission
Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

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CLASSIFICATION OF PRODUCTS FOR THE PURPOSES OF COUNCIL REGULATION (EC) No 510/2006

ANNEX II

1. AGRICULTURAL PRODUCTS INTENDED FOR THE HUMAN CONSUMPTION LISTED IN ANNEX I OF THE TREATY

— Class 1.1. Fresh meat (and offal)

— Class 1.2. Meat products (cooked, salted, smoked, etc.)

— Class 1.3. Cheeses

— Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.)

— Class 1.5. Oils and fats (butter, margarine, oil, etc.)

— Class 1.6. Fruit, vegetables and cereals fresh or processed

— Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom

— Class 1.8. other products of Annex I of the Treaty (spices etc.)

2. FOODSTUFFS REFERRED TO IN ANNEX I OF THE REGULATION

— Class 2.1. Beers

— Class 2.2. Natural mineral waters and spring waters (discontinued) (1)

— Class 2.3. Beverages made from plant extracts

— Class 2.4. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

— Class 2.5. Natural gums and resins

— Class 2.6. Mustard paste

— Class 2.7. Pasta

3. AGRICULTURAL PRODUCTS REFERRED TO IN ANNEX II OF THE REGULATION

— Class 3.1. Hay

— Class 3.2. Essential oils

— Class 3.3. Cork

— Class 3.4. Cochineal (raw product of animal origin)

— Class 3.5. Flowers and ornamental plants

— Class 3.6. Wool

— Class 3.7. Wicker

— Class 3.8. Scutched flax

(1) Only used for registrations and applications before 31 March 2006

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ANNEX III

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ANNEX IV

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ANNEX V

REPRODUCTION OF THE COMMUNITY SYMBOLS AND INDICATIONS

1. COMMUNITY SYMBOLS IN COLOUR OR BLACK AND WHITE

When used in colours, direct colours (Pantone) or four-colour process may be used. The reference colours are indi-
cated below.

Community symbols in pantone:

Community symbols in four-colour process:

Community symbols C in black and white:

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2. COMMUNITY SYMBOLS IN NEGATIVE

If the background colour of the packaging or label is dark, the symbols may be used in negative format, using the
background colour of the packaging or label.

3. CONTRAST WITH BACKGROUND COLOURS

If a symbol is used in colour on a coloured background, which makes it difficult to see, a delimiting outer circle around
the symbol should be used to improve contrast with the background colours:

4. TYPOGRAPHY

Times Roman capitals must be used for the text.

5. REDUCTION

The minimum size of the Community symbols is 15 mm in diameter.

6.

‘PROTECTED DESIGNATION OF ORIGIN’ AND ITS ABBREVIATION IN EC LANGUAGES

EC Language

Term

Abbreviation

ES

CS

DA

DE

ET

EL

EN

FR

IT

denominación de origen protegida

chráněné označení původu

beskyttet oprindelsesbetegnelse

geschützte Ursprungsbezeichnung

kaitstud päritolunimetus

προστατευόμενη oνομασία προέλευσης

protected designation of origin

appellation d’origine protégée

denominazione d’origine protetta

DOP

CHOP

BOB

g.U.

KPN

ΠΟΠ

PDO

AOP

DOP

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EC Language

Term

Abbreviation

LV

LT

HU

MT

NL

PL

PT

SK

SL

FI

SV

aizsargāts cilmes vietas nosaukums

saugoma kilmės vietos nuoroda

oltalom alatt álló eredetmegjelölés

denominazzjoni protetta ta’ oriġini

beschermde oorsprongsbenaming

chroniona nazwa pochodzenia

denominação de origem protegida

chránené označenie pôvodu

zaščitena označba porekla

suojattu alkuperänimitys

skyddad ursprungsbeteckning

ACVN

SKVN

OEM

DPO

BOB

CHNP

DOP

CHOP

ZOP

SAN

SUB

7.

‘PROTECTED GEOGRAPHICAL INDICATION’ AND ITS ABBREVIATION IN EC LANGUAGES

EC Language

Term

Abbreviation

ES

CS

DA

DE

ET

EL

EN

FR

IT

LV

LT

HU

MT

NL

PL

PT

SK

SL

FI

SV

indicación geográfica protegida

chráněné zeměpisné označení

beskyttet geografisk betegnelse

geschützte geografische Angabe

kaitstud geograafiline tähis

προστατευόμενη γεωγραφική ένδειξη

protected geographical indication

indication géographique protégée

indicazione geografica protetta

aizsargāta ģeogrāfiskās izcelsmes norāde

saugoma geografinė nuoroda

oltalom alatt álló földrajzi jelzés

indikazzjoni ġeografika protetta

beschermde geografische aanduiding

chronione oznaczenie geograficzne

indicação geográfica protegida

chránené zemepisné označenie

zaščitena geografska označba

suojattu maantieteellinen merkintä

skyddad geografisk beteckning

IGP

CHZO

BGB

g.g.A.

KGT

ΠΓΕ

PGI

IGP

IGP

AĢIN

SGN

OFJ

IĠP

BGA

CHOG

IGP

CHZO

ZGO

SMM

SGB

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ANNEX VI

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ANNEX VII

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ANNEX VIII

23.12.2006

EN

Official Journal of the European Union

L 369/19