Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed
Date: 2007-10-18
Institutions: European Commission
Subjects: agricultural product, approximation of laws, brand name, consumer protection, foodstuff, labelling

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COMMISSION REGULATION (EC) No 1216/2007

of 18 October 2007

laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on
agricultural products and foodstuffs as traditional specialities guaranteed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 509/2006 of 20
March 2006 on agricultural products and foodstuffs as tradi-
tional specialities guaranteed (1), and in particular Article 19(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 509/2006 has
repealed Council
Regulation (EEC) No 2082/92 of 14 July 1992 on certi-
ficates of specific character for agricultural products and
foodstuffs (2). For the sake of clarity, Commission Regu-
lation (EEC) No 1848/93 (3), which lays down detailed
rules for the application of Regulation (EEC) No 2082/92
should be repealed and replaced by a new Regulation.

Regulation (EC) No 509/2006 provides that in order to
qualify as a traditional speciality guaranteed, an agri-
cultural product or
shall comply with a
foodstuff
product specification. Detailed rules on the information
to be included in the product specification, especially
concerning names to be registered, description of the
product and the production method and checking the
specific character, should be provided for.

Specific rules for names not in Latin characters and for
registrations in more than one language should be laid
down.

Article 13(3) of Regulation (EC) No 509/2006 provides
that a specification may refer to the possibility of accom-
panying the registered name by a label with a particular
form of words intended to be translated into languages
other than the language in which the name is registered.
Although the specification need not provide translations
of this form of words, the original text to be translated
should be provided in the specification.

specification should be presented in a
The product
concise way, avoiding description of historical practices
that are no longer followed and repetition of general
obligations. A maximum length for the product specifi-
cation should be set.

(1) OJ L 93, 31.3.2006, p. 1.
(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).

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

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

the

The Community symbol referred to in Article 12(2) of
Regulation (EC) No 509/2006 should be defined. The
that Regulation
second paragraph of Article 22 of
provides
compulsory for
symbol will be
that
Community products
from 1 May 2009, without
prejudice to products already placed on the market
before that date. However, since the symbol may be
is
used voluntarily by operators before that date,
appropriate to define rules concerning the use of the
symbol with effect from 1 July 2008.

it

(7)

(8)

(9)

Regulation (EC) No 509/2006 provides that a producer
intending to produce a traditional speciality guaranteed
for the first
time shall notify this beforehand to the
designated authorities or bodies verifying compliance
with the product specification. To ensure transparency
and proper functioning of controls, the designated autho-
rities or bodies should communicate to the Member State
or,
in case of third countries, to the Commission, the
names and addresses of producers for which they verify
compliance with the product specifications.

To ensure coherent implementation of Regulation (EC)
should be specified and
No 509/2006, procedures
models concerning product
specifications, objections
and amendments should be provided for.

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Traditional Specialities Guaranteed,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Product specification

The product specification referred to in Article 6 of Regu-
information

1.
lation (EC) No 509/2006 shall
requested under point 3 in Annex I to this Regulation.

include

the

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

The product specification shall be concise and shall not

3.
exceed 10 pages except in justified cases.

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Article 2

Specific rules for a name

Article 5

Specific rules on labelling

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

2. Where registration is sought in more than one language,
all forms of the name for which registration is sought shall
appear in the product specification.

3. Where Article 13(3) of Regulation (EC) No 509/2006 is
applied, and the group specifies that, when the product
is
marketed, the label may contain an indication in the other
official
the product has been obtained in
accordance with the tradition of the region, Member State or
third-country from which the application originates, the indi-
cation to be translated into the other official
languages shall
appear in the product specification.

languages

that

Article 3

Specific rules for description of

the product and the

production method

1.
A description of the product shall only mention the cha-
racteristics necessary to identify the product and its specific
characteristics. It shall not repeat general obligations.

A Member State may provide that the name of the authority or
body referred to in point (c) of Article 7(3) of Regulation (EC)
No 509/2006 must appear on the label of the agricultural
product or foodstuff designated as a traditional speciality gua-
ranteed that is produced within its territory.

Article 6

Applying for registration

An application for registration shall be drawn up in
1.
accordance with the form set out in Annex I to this Regulation.
A duly completed electronic copy of the form shall also be
provided.

2. Where the applicant group is established in a Member
State, the application shall be accompanied by the declaration
referred to in point
(d) of Article 7(6) of Regulation (EC)
No 509/2006.

Where the applicant group is established in a third country, the
application shall be accompanied by the documents referred to
in point (d) of Article 7(3) of that Regulation.

The date of

3.
an application to the
Commission is the date on which the application is entered
in the Commission’s mail registry in Brussels.

submission of

2.
A description of the production method shall only include
the production method in force. Historical practices are not to
be included if they are no longer followed.

Article 7

Joint applications

Only the method necessary for obtaining the specific product
shall be described in a way that enables reproduction of the
product.

1. Where pursuant to the second subparagraph of Article
7(1) of Regulation (EC) No 509/2006 several groups from
different Member States
the
submit
objection procedure referred to in paragraph 5 of that Article
shall be carried out in all Member States concerned.

application,

joint

a

3.
The key elements defining the product's specific character
include a comparison with a category of products to
shall
which the product in question belongs, showing the difference.
Existing standards may be quoted as a reference or as a
comparison.

2.
The application, accompanied by the declarations referred
to in Article 7(6)(d) of Regulation (EC) No 509/2006 from all
the Member States concerned,
shall be submitted to the
Commission by any Member State concerned, or by any of
the applicant groups in third countries concerned, directly or
via the authorities of the third country concerned.

4.
The key elements that prove the product's traditional
character shall include the main elements that have remained
unchanged, with precise and well established references.

Article 8

Objections

Article 4

Minimum requirements and procedures

to check the

specific character

The product specification shall set out the characteristics to be
checked to ensure the specific character of the product as well
as procedures to be used and frequency of these checks.

1.
A statement of objection for the purposes of Article 9 of
Regulation (EC) No 509/2006 may be drawn up in accordance
with the form set out in Annex III to this Regulation.

In determining the admissibility of the objection pursuant
2.
to Article 9(3) of Regulation (EC) No 509/2006,
the
Commission shall check that the statement includes reasons
and justification for the objection.

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The period of six months referred to in Article 9(5) of
3.
Regulation (EC) No 509/2006 shall commence on the date of
dispatch of the Commission's invitation to the interested parties
to reach agreement among them.

4. When the procedure referred to in the first sentence of the
second subparagraph of Article 9(5) of Regulation (EC) No
509/2006 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 set out in Annex IV to this Regulation.

Article 9

Indications and symbols

1.
The Community symbol referred to in Article 12(2) of
Regulation (EC) No 509/2006 shall take the form defined in
‘TRADITIONAL
Annex V to this Regulation. The words
SPECIALITY GUARANTEED’ within the symbol may be replaced
by the equivalent
the
language of
term in another official
Community as laid down in Annex V to this Regulation.

2. Where the Community symbols or the indications referred
to in Article 12 of Regulation (EC) No 509/2006 appear on the
label of a product, they shall be accompanied by the registered
name, or one of them, if the name has been registered in several
languages.

Article 10

Register

(f)

reference to the instrument registering the name.

In respect of the names automatically registered by virtue
3.
the
of Article 19(2) of Regulation (EC) No 509/2006,
Commission shall record in the Register, by 31 July 2008,
the data provided for in paragraph 2 of this Article.

Article 11

Amendments to specification

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

In the case of an application for approval of changes to
2.
product specifications under Article 11 of Regulation (EC) No
509/2006:

(a)

the information required under Article 7 of Regulation (EC)
No 509/2006 shall comprise the duly completed appli-
cation referred to in paragraph 1 of
this Article and,
where the applicant group is established in a Member
(d) of Article
State,
7(6) of that Regulation;

the declaration referred to in point

(b) the information to be published under Article 8(2) of Regu-
lation (EC) No 509/2006 shall comprise the duly completed
application referred to in paragraph 1 of this Article.

1.
The Commission shall maintain at its seat in Brussels the
‘Register of traditional specialities guaranteed’, hereafter referred
to as ‘the Register’.

For an amendment to be regarded as minor, within the
3.
meaning of the fourth subparagraph of Article 11(1) of Regu-
lation (EC) No 509/2006, it cannot:

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

(a) relate to the essential characteristics of the product;

(a)

the registered name of
languages;

the product

in one or more

(b) information whether the registration is with or without

reservation of the name;

(c)

information whether the group applies to benefit from the
provisions of Article 13(3) of Regulation (EC) No
509/2006;

(d) the class of the product as referred to in Annex II to this

Regulation;

(e)

indication of
groups that made the application; and

the country or countries of

the group or

(b) introduce essential changes to the production method;

(c)

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

4. Where the application concerns a temporary amendment
to the product specification resulting from imposition of obli-
gatory sanitary or phyto-sanitary measures by public authorities
as laid down in Article 11(3) of Regulation (EC) No 509/2006,
evidence of these measures shall be provided.

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 10
of this Regulation,
it shall strike the original data from the
Register and record the new data in the Register with effect
from the entry into force of the said decision.

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

Article 12

Communication from the designated authorities or bodies

1.
The authorities referred to in Article 14(1) of Regulation
(EC) No 509/2006 or the control bodies referred to in the
second indent of the first subparagraph of Article 15(1) of
that Regulation shall communicate to the Member State the
names and addresses of the producers for which they verify
compliance with the product specifications. Member States
shall keep the list of producers available for
the other
Member States and the Commission.

2.
The authorities or control bodies referred to in Article
15(2) of Regulation (EC) No 509/2006 shall communicate to
the Commission the names and addresses of the producers for
which they verify compliance with the product specifications.

Article 13

Cancellation

1.
The Commission may take the view that the compliance
with the conditions of the product specification for an agri-
cultural product or foodstuff covered by a name of a traditional
speciality guaranteed is no longer possible or cannot be
ensured, in particular if no authority or control body referred
to in Article 15 of Regulation (EC) No 509/2006 has been
communicated to the Commission within a time period of 5
years.

Before cancelling a registration,

2.
the Commission shall
allow the group which applied for registration to be heard,
and may set a deadline for the group to comment.

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

Article 14

Transitional rules

The provisions of this Regulation shall apply with effect from
the date of entry into force, subject to the following:

(a) The provisions of Articles 1 to 4 shall apply only in respect
of procedures for registration and approval of amendments
where the publication pursuant to Article 8(2) of Regulation
(EC) No 509/2006 or pursuant to Article 8(1) of Regulation
(EEC) No 2082/92 has not taken place before the entry into
force of this Regulation;

(b) The provisions of Articles 6, 7, 11(1), 11(2), 11(4) and
11(6) shall only apply in respect of applications for regis-
tration and approval of amendments received after 19 April
2006;

(c) The provisions of paragraphs 1, 2 and 3 of Article 8 shall
only apply in respect of objection procedures for which the
six-month period in Article 9(1) of Regulation (EC) No
509/2006 has not commenced at the date of entry into
force of this Regulation;

(d) The provisions of Article 8(4) shall only apply in respect of
objection procedures for which the six-month period in
Article 9(1) of Regulation (EC) No 509/2006 has not
expired at the date of entry into force of this Regulation;

(e) The provisions of Article 9(2) shall apply not later than 1
July 2008, without prejudice to products placed on the
market before that date.

Article 15

Repeal

Regulation (EEC) No 1848/93 is repealed.

Article 16

Entry into force

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

However, point (b) of Article 14 shall apply with effect from 20
April 2006.

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

Done at Brussels, 18 October 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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(When this form is completed, the text in square parentheses shall be omitted.)

ANNEX I

APPLICATION FOR REGISTRATION OF A TSG

COUNCIL REGULATION (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional
specialities guaranteed

[Insert name, as in 3.1. below:] ‘

’

EC No: [for EC use only]

1. Name and address of the applicant group

[In case of several applicant groups, provide information concerning each of them]

— Name of group/or organisation (if relevant):

— Address:

— Telephone:

— e-mail address:

2. Member State or third country

3.

Product specification

3.1. Name(s) to be registered (Article 2 of Regulation (EC) No 1216/2007)

[Where registration is sought for in more than one language, include all forms of the name to be used. Where
Article 13(3) of Regulation (EC) No 509/2006 is applied, i.e. the group specifies that, when the product is marketed,
the label may contain, in addition to the name of the product in the original language, an indication in the other
official languages that the product has been obtained in accordance with the tradition of the region, Member State or
third-country from which the application originates, include also the indication to be translated into the other official
languages.]

3.2. Whether the name:

 is specific in itself

 expresses the specific character of the agricultural product or foodstuff

[Provide explanation]

3.3. Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006

[Select one, ‘X’]

 Registration with reservation of the name

 Registration, without reservation of the name

3.4. Type of product [as in Annex II]

3.5. Description of the agricultural product or foodstuff to which the name under point 3.1. applies (Article 3(1) of Regulation (EC)

No 1216/2007)

3.6. Description of the production method of the agricultural product or foodstuff to which the name under point (3.1.) applies

(Article 3(2) of Regulation (EC) No 1216/2007)

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3.7. Specific character of the agricultural product or foodstuff (Article 3(3) of Regulation (EC) No 1216/2007)

3.8. Traditional character of the agricultural product or foodstuff (Article 3(4) of Regulation (EC) No 1216/2007)

3.9. Minimum requirements and procedures to check the specific character (Article 4 of Regulation (EC) No 1216/2007)

4. Authorities or bodies verifying compliance with the product specification

[Where more than one authority or body is verifying compliance with the product specification, include information
on all of them.]

4.1. Name and address

— Name:

— Address:

— Telephone:

— e-mail address:

[Select one, ‘X’:]

 Public

 Private

4.2. Specific tasks of the authority or body

[Only tasks related to verification of compliance with the provisions of the specification]

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ANNEX II

CLASSIFICATION OF PRODUCTS FOR THE PURPOSES OF COUNCIL REGULATION (EC) No 509/2006

1. Products of Annex I to the EC Treaty intended for human consumption

— 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, oils, etc.)

— Class 1.6.

— Class 1.7.

Fruit, vegetables and cereals, fresh or processed

Fresh fish, molluscs and crustaceans and products derived therefrom

— Class 1.8. Other products of Annex I of the Treaty

2. Foodstuffs referred to in Annex I of Regulation (EC) No 509/2006

— Class 2.1.

Beer

— Class 2.2.

Chocolate and other food preparations containing cocoa

— Class 2.3.

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

— Class 2.4.

Pasta, whether or not cooked or stuffed

— Class 2.5.

Pre-cooked meals

— Class 2.6.

Prepared condiment sauces

— Class 2.7.

Soups or broths

— Class 2.8.

Beverages made from plant extracts

— Class 2.9.

Ice-creams and sorbets.

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ANNEX III

(When this form is completed, the text in square parentheses shall be omitted.)

STATEMENT OF OBJECTION

Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional spe-
cialities guaranteed

1. Name of product

[as given in Official Journal (OJ) publication]

2. Official reference

[as given in Official Journal (OJ) publication]

Reference number:

Date of OJ publication:

3. Contact details

Contact person:

Title (Mr, Ms …):

Name:

Group/organisation/individual:

Or national authority:

Department:

Address:

Telephone +

e-mail address:

4. Reason for the objection:

—  Non-compliance with the conditions laid down in Article 2 of Regulation (EC) No 509/2006
—  Non-compliance with the conditions laid down in Article 4 of Regulation (EC) No 509/2006
—  Non-compliance with the conditions laid down in Article 5 of Regulation (EC) No 509/2006
—  In the case of applications under Article 13(2), use of the name is lawful, renowned and economically

significant for similar agricultural products or foodstuffs

5. Detail of objection

Provide a statement setting out the reasons and justification for the objection. Provide also a statement explaining the
legitimate interest of the objector, unless the objection is lodged by the national authorities,
in which case no
statement of legitimate interest is required. The statement of objection should be signed and dated.

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(When this form is completed, the text in square parentheses shall be omitted.)

ANNEX IV

NOTIFICATION OF END OF CONSULTATIONS FOLLOWING OBJECTION PROCEDURE

Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional
specialities guaranteed

1. Name of product

[as given in Official Journal (OJ) publication]

2. Official reference [as given in Official Journal (OJ) publication]

Reference number:

Date of OJ publication:

3. Result of consultations

3.1. Agreement was reached with the following objector(s):

[annex copies of letters showing agreement]

3.2. Agreement was not reached with the following objector(s):

4.

Product specification

The specification has been amended

Yes 

No 

If ‘Yes’, annex the amended product specification

5. Dated and signed

[Name]

[Department/Organisation]

[Address]

[Telephone: +]

[e-mail address:]

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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 colour, direct colours (Pantone) or four-colour process may be used. The reference colours are indicated
below.

Community symbols in pantone:

Community symbols in four-colour process:

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Community symbols in black and white:

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:

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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.

‘Traditional speciality guaranteed’ and its abbreviation in EC languages

EC language

Term

Abbreviation

BG

ES

CS

DA

DE

ET

EL

EN

FR

GA

IT

LV

LT

HU

MT

NL

PL

PT

RO

SK

SL

FI

SV

храна с традиционно специфичен характер

especialidad tradicional garantizada
zaručená tradiční specialita

garanteret traditionel specialitet

garantiert traditionelle Spezialität

garanteeritud traditsiooniline eritunnus
εγγυημένο παραδοσιακό ιδιότυπο προϊόν

traditional speciality guaranteed

spécialité traditionnelle garantie

speisialtacht thraidisiúnta ráthaithe

specialità tradizionale garantita
garantēta tradicionālā īpatnība

garantuotas tradicinis gaminys

hagyományos különleges termék
speċjalità tradizzjonali garantita
gegarandeerde traditionele specialiteit
gwarantowana tradycyjna specjalność
especialidade tradicional garantida
specialitate tradițională garantată
zaručená tradičná špecialita
zajamčena tradicionalna posebnost
aito perinteinen tuote

garanterad traditionell specialitet

ХТСХ

ETG

ZTS

GTS

g.t.S.

GTE
Ε Π Ι Π

TSG

STG

STR

STG

GTI

GTG

HKT

STG

GTS

GTS

ETG

STG
ZTŠ

ZTP

APT

GTS

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ANNEX VI

(When this form is completed, the text in square parentheses shall be omitted.)

AMENDMENT APPLICATION

Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional
specialities guaranteed

Amendment application according to Article 11

[Registered name] ‘

’

EC No: [for EC use only]

1. Applicant group

— Name of the group

— Address

— Telephone: +

— e-mail address:

2. Member State or third country

3. Heading in the specification affected by the amendment

 Name of product,
 Reservation of the name (Article 13(2) of Council Regulation (EC) No 509/2006)
 Description of product
 Method of production
 Other (specify):

4. Type of amendment(s)

 Amendment to specification of registered TSG
 Temporary amendment

measures by public authorities (Article 11(3) of Regulation (EC) No 509/2006)
measures)

to specification resulting from imposition of obligatory sanitary or phyto-sanitary
(provide evidence of these

5. Amendment(s)

[For each heading checked in section 3 above, provide a short explanation of each amendment. Provide also a
statement explaining the legitimate interest of the group proposing the amendment.]

6. Updated product specification