Commission Decision of 20 December 2006 setting up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed
Date: 2006-12-20
Institutions: European Commission
Subjects: agricultural product, designation of origin, foodstuff, location of production, product designation, scientific report

6.2.2007

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Official Journal of the European Union

L 32/177

COMMISSION DECISION

of 20 December 2006

setting up a scientific group of experts for designations of origin, geographical indications and
traditional specialities guaranteed

(2007/71/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Commu-
nity,

Article 1

Whereas:

A scientific group of experts, hereinafter referred to as ‘the
group’, is hereby set up for designations of origin, geographical
indications and traditional specialities guaranteed.

(1) Council Regulation (EC) No 510/2006 of 20 March 2006
on the protection of geographical indications and designa-
tions of origin for agricultural products and foodstuffs (1)
lays down the conditions to be met in order for a name to
be registered as a protected geographical indication (PGI) or
a protected designation of origin (PDO).

(2) Council Regulation (EC) No 509/2006 of 20 March 2006
on agricultural products and foodstuffs as traditional
specialities guaranteed (2) lays down the conditions to be
met in order for a name to be registered and protected at
Community level as a traditional speciality guaranteed
(TSG).

(3)

(4)

(5)

(6)

In order to resolve certain complex scientific and technical
problems which may arise in examining the conditions
allowing the registration of a particular protected designa-
indication or
tion of origin, protected geographical
traditional speciality guaranteed,
the Commission may
need to call upon the expertise of specialists in an advisory
group.

The group should be made up of highly qualified experts
from a wide range of scientific and technical disciplines
related to agriculture and the agri-food industry, human
sciences and intellectual property rights.

The scientific group of experts for designations of origin,
geographical
indications and traditional specialities guar-
anteed should therefore be set up and its terms of reference
and structures detailed.

The scientific committee for designations of origin,
geographical indications and certificates of specific char-
acter set up by Decision 93/53/EEC of 21 December
1992 (3) should be disbanded,

(1) OJ L 93, 31.3.2006, p. 12.
(2) OJ L 93, 31.3.2006, p. 1.
(3) OJ L 13, 21.1.1993, p. 16. Decision as last amended by Decision 97/

656/EC (OJ L 277, 10.10.1997, p. 30).

Article 2

Terms of reference

The Commission may consult the group on any matter relating
to the protection of geographical
indications, designations of
origin and traditional specialities guaranteed relating to agricul-
tural products and foodstuffs, and in particular:

— compliance with the criteria laid down in Article 2 of
Regulation (EC) No 510/2006 by a particular name for
which an application for registration has been submitted,
and in particular the link between the product and the
geographical environment and/or its reputation,

— compliance with the criteria laid down in Articles 2, 4 and
5 of Regulation (EC) No 509/2006 by a particular name for
which an application for registration has been submitted,
and in particular its traditional and/or specific nature,

— the generic nature of a name,

and the

transactions

— the assessment of criteria regarding fair competition in
commercial
confusing
consumers in cases of conflict between the designation of
origin or geographical indication and designations of origin
or geographical
indications which are already registered,
trademarks, names of plant varieties and animal breeds,
homonyms, or names of existing products which are legally
marketed,

risk of

— any other matter of particular interest having regard to the

group's field of expertise.

The Chairman of the group may indicate to the Commission that
it would be appropriate to consult the group on a specific
question.

The Commission may, where appropriate, ask the group to adopt
its opinion on a specific question within a given deadline.

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Official Journal of the European Union

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Article 3

2001 of the European Parliament and of the Council on the
protection and processing of personal data (4).

Membership — Appointment

1. The members of
the group shall be appointed by the
Commission from specialists who have responded to the call for
applications to this end, and who are highly qualified in the
different technical and scientific aspects of the fields referred to
in Article 2 and together cover the widest possible range of
scientific and technical disciplines and, consistent with this
criteria, on the basis of a geographical distribution which reflects
the diversity of
in the
Community.

issues and approaches

scientific

2. The group shall be composed of 11 members.

Article 4

Operation

1. The group shall elect a chairman and two deputy chairmen
from among its members. The election shall take place by simple
majority of the members.

In agreement with the Commission, sub-groups may be set
2.
up to examine specific questions under terms of reference
established by the group; they shall be disbanded as soon as they
have fulfilled those terms of reference.

Candidates found suitable for the position in the group but not
appointed shall be invited to be included on a reserve list. The
reserve list may be used by the Commission to appoint
candidates to replace members.

3. The Commission representative may invite experts or
observers with special expertise on a matter on the agenda to
participate in the group's work where appropriate and/or
necessary.

3. The following provisions shall apply:

— members shall be appointed in a personal capacity and be
required to advise the Commission independently of any
outside influence. They shall not delegate their responsi-
bilities to another member or to a third person;

— the term of office of members shall be three years,
renewable. However, from the appointment referred to in
paragraph 1, members may not remain in post for more
than three consecutive mandates. They shall remain in
office until they are replaced or their appointments are
renewed;

— members who are no longer able to contribute effectively to
the group's deliberations, who resign or who do not respect
the conditions set out in the first or second indent of this
paragraph or Article 287 of the Treaty establishing the
European Community may be replaced for the remaining
period of their mandate;

4.
Information obtained as a result of attending group or sub-
group meetings shall not be divulged where the Commission
declares them to relate to confidential matters.

Members may not use for professional purposes any information
they obtain through being a member of the group.

5. The group and its sub-groups shall normally meet in one of
the sites where the Commission and its departments are located,
following the procedures and timetable laid down by it. The
Commission shall organise the secretariat. Other Commission
officials concerned may take part in the meetings.

6. The group shall adopt its rules of procedure on the basis of
the standard rules of procedure adopted by the Commission.

7. The Commission may publish on the Internet, in the original
language of the document concerned, requests for opinions,
agendas and minutes, and opinions adopted by the group. They
may also publish under the same terms any working document
of the group.

— members shall each year sign an undertaking to act in the
public interest and a declaration indicating the absence or
existence of any interest which may undermine their
objectivity;

Article 5

Meeting expenses

— the names of members appointed individually shall be
published on the Internet site of the Directorate-General for
Agriculture and Rural Development and in the C series of
the Official Journal of the European Union. The names of
members shall be collected, processed and published in
accordance with the provisions of Regulation (EC) No 45/

incurred by the
The travel and accommodation expenses
members, experts and observers in fulfilment of the group's
activities shall be reimbursed by the Commission in accordance
with the Commission rules
in force. There shall be no
remuneration for the tasks performed.

(4) OJ L 8, 12.1.2001, p. 1.

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Meeting expenses shall be reimbursed within the limits of the
appropriations allocated to the departments concerned under the
annual procedure for allocating resources.

Article 7

Entry into force

Article 6

Repeal

This Decision shall take effect on the day of its publication in the
Official Journal of the European Union.

Decision 93/53/EEC is hereby repealed.

Done at Brussels, 20 December 2006.

However, the Committee set up by that Decision shall remain
operational until the Commission has informed its members that
the group set up by this Decision has become operational.

For the Commission
Mariann FISCHER BOEL
Member of the Commission