Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on agricultural product quality schemes
Date: 2010-12-10
Institutions: European Commission
Subjects: agricultural product, foodstuff, marketing standard, product quality, production improvement

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 10.12.2010 
COM(2010) 733 final 

2010/0353 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on agricultural product quality schemes 

SEC(2010) 1524 final 
 SEC(2010) 1525 final 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Quality Package consists of a set of proposals designed to put in place a coherent 
agricultural product quality policy aimed at assisting farmers to better communicate 
the  qualities,  characteristics  and  attributes  of  agricultural  product,  and  at  ensuring 
appropriate consumer information. The Quality Package includes:  

– 

– 

– 

– 

a proposal for a Regulation of the European Parliament and of the Council on 
agricultural product quality schemes [COM(2010) XXXX]; 

a  proposal  to  modify  Regulation  (EC)  No  1234/2007  (the  single  Common 
Market Organisation) concerning marketing standards for agricultural products 
[COM(2010) XXXX]; 

guidelines  setting  out  best  practice  for  the  development  and  operation  of 
certification schemes relating to agricultural products and foodstuffs [C(2010) 
XXXX], and  

guidelines on the labelling of foodstuffs using Protected Designation of Origin 
(PDO)  and  Protected  Geographical  Indications  (PGI)  as  ingredients  [C(2010) 
XXXX].  

1.1. 

Grounds for and objectives of the proposal 

Farmers  and  producers  of  agricultural  products  face  competitive  pressure  resulting 
from policy reform, globalisation, the concentration of bargaining power in the retail 
sector, and the state of the economy. At the same time, consumers increasingly look 
for  authentic  products  produced  using  specific  and  traditional  methods.  In  meeting 
this  demand,  the  diversity  and  quality  of  European  Union  agricultural  production 
should  be  an  important  strength  and  source  of  competitive  advantage  for  Union 
farmers. 

However,  in  order  for  consumers  and  buyers  to  be  properly  informed  about  the 
characteristics  and  farming  attributes  of  agricultural  product,  they  need  to  receive 
accurate  and  trustworthy  labelling  information.  Providing  producers  with  the  right 
tools  to  communicate  product  characteristics  and  farming  attributes  to  buyers  and 
consumers,  and  to  protect  them  against  unfair  trading  practices,  is  at  the  heart  of 
European Union agricultural product quality policy. 

Most  tools  already  exist  at  European  Union  level.  Analysis  and  discussion  with 
stakeholders  has  shown  that  they  may  be  improved,  simplified  and  made  more 
coherent. The Quality Package aims to improve the Union legislation in the field of 
quality, as well as in the operation of national and private certification  schemes, in 
order to make them simpler, more transparent and easier to understand, adaptable to 
innovation, and less burdensome for producers and administrations.  

EN 

2 

   EN 

1.2. 

General context 

Since the 1990s, Union agricultural product quality policy has been closely identified 
with three Union schemes, namely for protected designations of origin and protected 
geographical  indications,  for  organic  farming,  and  for  traditional  specialities 
guaranteed.  In  addition,  Union  marketing  standards  have  provided  a  legislative 
framework  for  fair  competition  and  smooth  functioning  of  the  market  since  the 
inception  of  the  common  agricultural  policy.  These  Union  standards  and  schemes 
have  been  joined  in  the  last  decade  by  an  upsurge  in  the  number  of  certification 
schemes  in  the  private  sector  –  seeking  to  guarantee  to  consumers  value-adding 
characteristics and attributes, as well as respect for baseline standards through quality 
assurance certification.  

In 2006, in the context of a recast of the scheme for protected designations of origin 
and  protected  geographical  indications,  the  Commission  committed  to  undertake  a 
future policy review of the operation of the Regulation and its future development1. 

In 2007 a major conference was held bringing together all types of quality schemes: 
‘Food  quality  certification—adding  value  to  farm  produce’.  The  Conference  led  to 
the  2008  Green  Paper  on  agricultural  product  quality2,  which  elicited  over  560 
detailed  stakeholder  responses  and  provided  the  input  for  the  Communication  on 
agricultural  product  quality  policy3  in  2009.  This  set  out  the  following  strategic 
orientations: 

– 

– 

– 

improve  communication  between  farmers,  buyers  and  consumers  about 
agricultural product qualities; 

increase  the  coherence  of  European  Union  agricultural  product  quality  policy 
instruments; and 

reduce  complexity  to  make  it  easier  for  farmers,  producers  and  consumers  to 
use and understand the various schemes and labelling terms. 

1.3. 

Existing provisions on this area 

European  Union  legislation  provides  for  protection  of  designations  of  origin  and 
geographical indications system in respect of agricultural products and foodstuffs. A 
harmonised regulatory system in the European Union was created in 1992 to register 
valuable  names  of  agricultural  products  and  foodstuffs  produced  according  to  a 
specification in a given geographical area by producers with recognised know-how4. 

1 

2 
3 
4 

Addendum  to  draft  minutes;  2720th  meeting  of  the  Council  of  the  European  Union  (Agriculture  and 
Fisheries), 20.3.2006 (7702/06 ADD1). 
COM(2008) 641, 15.10.2008 
COM(2009) 234, 28.05.2009 
Regulation  (EC)  No  510/2006  of  the  Council  on  the  protection  of  geographical  indications  and 
designations  of  origin  for  agricultural  products  and  foodstuffs  (OJ  L  93,  31.3.2006,  p.  12).  which 
repealed  and  replaced  Regulation  (EEC)  No  2081/92.  Schemes  for  geographical  indications  are  also 
established in the wine sector, and for spirit drinks and for aromatized wines. 

EN 

3 

   EN 

                                                 
Also  in  1992,  the  scheme  for  traditional  specialities  guaranteed  set  up  a  register  of 
names of food specialties having a traditional character, stemming either from their 
traditional composition or traditional production methods used5.  

As  regards  marketing  standards,  there  is  an  extensive  body  of  legislation  that  has 
developed  mostly  on  a  sectoral  basis,  in  the  form  of  regulations  and  directives 
adopted both at the level of Council and the Commission.  

In addition, optional quality terms, regulated within the marketing standards, ensure 
that terms describing value adding characteristics, or farming or processing attributes 
are not misused in the marketplace and can be relied on by consumers in identifying 
different qualities of product.  

1.4. 

Consistency with other policies 

Agricultural  product  quality  policy  forms  part  of  the  common  agricultural  policy. 
The recent Communication6 from the Commission on policy in the period post-2013 
has  identified  several  key  challenges  including  maintaining  the  diversity  of 
agricultural  activities  in  rural  areas  and  enhancing  competitiveness,  to  which 
agricultural product quality policy will contribute. The policy also is in line with the 
priorities for the European Union set out in the 2020 Communication7, in particular 
the aims of promoting a more competitive economy, as quality policy is one of the 
flagships of EU agriculture's competitiveness. 

This  proposal  is  linked  to  and  consistent  with  policies  on  consumer  protection  and 
information, single market and competition, as well as external trade policy.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2.1. 

Consultations 

Stakeholders  have  been  widely  consulted.  The  main  avenues  for  consultation  were 
the  Advisory  Group  on  the  quality  of  agricultural  production,  and  the  Green  Paper 
consultation8,  which  concluded  with  a  high-level  conference  in  March  2009, 
organised by the Czech Presidency. The Council of Ministers adopted conclusions9 
on  the  Communication  in  its  meeting  in  June  2009.  The  European  Parliament 
adopted  the  resolution,  ‘Agricultural  product  quality  policy:  what  strategy  to 
follow?’10  in  March  2010.  Opinions  were  adopted  by  the  European  Economic  and 

5 

6 
7 
8 
9 
10 

Council  Regulation  (EC)  No  509/2006  of  20  March  2006  on  agricultural  products  and  foodstuffs  as 
traditional specialities guaranteed (OJ L 93 31.3.2006 p.1-11) 
COM(2010)672 final, 18.11.2010 
COM(2010) 2020, 3.3.2010 
From 15 October to 31 December 2008 
http://register.consilium.europa.eu/pdf/en/09/st10/st10722.en09.pdf  
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2010-
0088&language=EN&ring=A7-2010-0029  

EN 

4 

   EN 

                                                 
Social Committee in January 201011 and the Committee of the Regions in February 
201012.  

2.2.  Main outcome of the consultations 

Overall, stakeholders welcomed the orientations set out in the 2009 Communication. 
The main views expressed were the following:  

– 

– 

– 

– 

For  designations  of  origin  and  geographical  indications,  simplification  of  the 
scheme by merging the two instruments (the ‘protected designation of origin’ 
and  the  ‘protected  geographical  indication’)  was  opposed.  Merger  of  the 
existing systems (for wine, spirits, aromatised wines and agricultural products 
and foodstuffs) was viewed positively by most stakeholders, except for those in 
the  wine  and  spirits  sectors.  The  Commission  was  encouraged  to  further 
simplify,  clarify  and  streamline  the  systems,  and  to  enhance  international 
recognition of designations of origin and geographical indications. 

For 
traditional  specialities  guaranteed,  almost  unanimous  support  was 
expressed by stakeholders for continuation of the TSG scheme, underlining its 
potential  and  importance  for  producers  of  traditional  product  that  does  not 
qualify  under  the  geographical  indications  scheme.  Some  stakeholders  called 
for the scheme to be simplified, in particular by discontinuing the possibility to 
register names without reserving it, and streamlined. Stakeholders representing 
producers  of  product  covered  by  designations  of  origin  and  geographical 
indications  suggested  the  scheme  could  provide  an  outlet  for  such  product 
particularly where they are used in recipes. 

For  marketing  standards,  in  general  stakeholders  welcomed  the  simplification 
of marketing standards, place of farming labelling, and further development of 
optional quality terms. 

the  need  to  address  the  needs  of  small-scale  producers  for  whom  the  Union 
designations  of  origin  and  geographical  indication  and  traditional  specialities 
guaranteed schemes are too burdensome was raised. 

2.3. 

Impact assessment 

Following  the  2009  Communication  and  the  main  responses  to  it,  two  impact 
assessments  were  prepared  with  a  view  to  exploring  the  options  identified  in  the 
Communication. These covered designations of origin and geographical indications, 
and traditional specialities guaranteed. 

Concerning geographical indications, the analysis showed strong justification for a 
Union-level  geographical  indications  scheme  and  discarded  alternatives  to  a 
European  Union  scheme  for  reasons  of  low  efficiency  and  effectiveness  (including 
co-regulation  and  self-regulation  by  the  sector,  no  action  at  European  Union  level, 

11 

12 

http://eescopinions.eesc.europa.eu/EESCopinionDocument.aspx?identifier=ces\nat\nat448\ces105-
2010_ac.doc&language=EN  
http://coropinions.cor.europa.eu/CORopinionDocument.aspx?identifier=cdr\deve-iv\dossiers\deve-iv-
048\cdr315-2009_fin_ac.doc&language=EN  

EN 

5 

   EN 

                                                 
protection  through  the  international  Lisbon  Agreement13,  replacement  by  a 
notification system for national geographical indications, and protection through the 
existing  Community  collective  trade  mark).  The  impact  assessment  identified 
considerable  ground  for  reducing  complexity  and  facilitating  enforcement  by 
merging  the  agricultural  product  and  foodstuffs  scheme  with  those  in  the  alcoholic 
beverages  sectors,  while  assuring  the  specificities  of  each  system.  However,  the 
impact  assessment  acknowledged  the  opposition  of  certain  stakeholders  to  this 
option.  

Analysis  of  price  data  showed  that  producer  returns  for  protected  designations  of 
origin (PDOs) and protected geographical indications (PGIs) are higher than for non-
designated  product  and  that  the  PDO  label  commands  a  higher  price  than  the  PGI 
label. The overall value of agricultural products and foodstuffs sold under PDOs and 
PGIs  is  14.2  €  billion  (1997)  at  wholesale  prices,  and  estimated  at  21  €  billion  at 
consumer  prices.  Concerning  trade  in  the  internal  market,  18.4%  of  PDO  and  PGI 
products are marketed outside their Member State of production.  

The impact assessment found that merging the instruments for protected designation 
of  origin  (PDO)  and  protected  geographical  indication  (PGI)  would  diminish  the 
added-value benefits of the PDO identification. Concerning environmental impacts, 
studies  show  that  some  PDO  and  PGI  products  come  from  low  intensity  farming 
systems associated with high environmental value. These PDOs and PGIs provide an 
economic  underpinning  to  the  environmental  public  goods.  Under  the  options 
retained for analysis producers can include environmental conditions in appropriate 
cases.  

Concerning  traditional  specialities  guaranteed,  three  options  were  analysed: 
introducing the term 'traditional' as optional quality term and abolishing the current 
scheme;  no  EU  action;  and  simplifying  the  current  scheme  (allowing  only 
registration  with  reservation  of  the  name).  The  impact  assessment  showed  that 
eliminating the TSG scheme would lead for protected names to loss of the economic 
and  social  benefits  of  EU-wide  protection  and  was  found  to  be  unacceptable  to 
stakeholders  and  to  the  EU  legislator.  In  addition,  the  option  to  protect  names 
throughout the single market was identified as a function that can only be undertaken 
effectively  at  Union  level.  The  current  low  uptake  of  the  traditional  speciality 
guaranteed  (TSG)  scheme  meant  that  data  was  limited.  Case  studies  and  surveys 
show positive economic and social impacts, including the preservation of traditional 
forms  of  production,  access  to  derogations  from  hygiene  rules  for  traditional 
methods, and value adding economic benefits of TSG registration.  

Concerning the non-protected names however, little economic or social impact was 
shown  for  the  abolition  option  as  this  function  could  be  taken  up  by  national  or 
regional schemes and is already successfully achieved by several national schemes; 
the case for Union action in this regard was therefore difficult to justify on grounds 
of subsidiarity.  

13 

Lisbon  Agreement  for  the  Protection  of  Appellations  of  Origin  and  their  International  Registration 
(1958) 

EN 

6 

   EN 

                                                 
In social terms, the designations of PDO, PGI and TSG were found to contribute to 
the  continuation  of  traditional  forms  of  production  to  the  benefit  of  both  producers 
and consumers. 

However,  both  the  impact  assessments  for  geographical  indications  and  for 
traditional  specialities  guaranteed  highlighted  the  widespread  failure  of  these 
schemes to attract participation of very small-scale producers, notwithstanding that 
small-scale producers are often associated with artisanal product, traditional methods 
and local marketing, the European Union schemes are seen as burdensome in terms 
of  application,  necessitate  costly  controls,  and  require  adherence  to  a  specification. 
Therefore,  further  study  and  analysis  will  be  carried  out  in  order  to  assess  the 
problems faced by small-scale producers in participating in Union quality schemes. 
On the basis of the results of this analysis, the Commission may propose appropriate 
follow-up. 

Concerning  marketing  standards,  in  addition  to  the  impact  assessment  work 
already done in the context of the 2009 Communication, further impact assessment 
work will be associated as appropriate to the proposals on the specific standards in 
the  context  of  delegated  powers  for  which  a  legal  framework  has  been  provided 
within the alignment of Regulation 1234/2007 to the Treaty of Lisbon.  

The texts of the impact assessments can be found on the following website: 

http://ec.europa.eu/ agriculture/quality/policy/backdocuments-links/index_en.htm  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The  single  Regulation  for  agricultural  product  quality  schemes  presents  three 
complementary  schemes  (designations  of  origin  and  geographical  indications; 
traditional  specialities  guaranteed;  optional  quality  terms)  in  a  single  regulatory 
structure,  overseen  by  a  single  quality  policy  committee.  A  separate  Regulation 
covers the Marketing Standards.  

3.1.1.  Designations  of  origin  and  geographical  indications,  excluding  wines,  aromatised 

wines and spirits. 

The  proposal  maintains  and  reinforces  the  scheme  for  agricultural  products  and 
foodstuffs,  but  does  not  bring  together  the  geographical  indications  schemes  for 
wines, for spirits, or for aromatized wines. In the light of relatively recent reforms of 
the wine and spirits legislation, at this stage, the schemes should remain distinct. This 
issue can be reconsidered at a later date. In the meantime, the rules for the scheme 
for  agricultural  products  and  foodstuffs  will  be  converged,  where  appropriate,  to 
those for wines. 

The main elements designed to strengthen and simplify the scheme are the following: 

EN 

7 

   EN 

– 

– 

– 

– 

– 

recognition  of  the  roles  and  responsibilities  of  groups14  applying  for 
to  monitoring,  promotion  and 
registration  of  names  with 
communication; 

regard 

the  reinforcement  and  clarification  of  the  level  of  protection  of  registered 
names and the common Union symbols; 

the procedure to register names is shortened; 

the respective roles of Member States and groups applying for registration have 
been  clarified  with  regard  to  the  enforcement  of  protection  of  the  registered 
names throughout the European Union, and 

the definitions of designations of origin and geographical indications are more 
closely aligned to international usage. 

The proposal streamlines the current process of registration of designations of origin 
and  geographical  indications  by  shortening  time  delays.  In  addition,  certain  legal 
issues are clarified and terminology aligned with the recently adopted legislation on 
geographical  indications  for  wine.  Minimum  common  rules  on  official  controls  to 
ensure  product  follows  the  specification  and  to  ensure  correct  labelling  in  the 
marketplace  are  also  laid  down.  The  scope  of  the  Regulation  is  maintained 
(agricultural products for human consumption and certain other products), while dark 
chocolate is added.  

3.1.2.  Traditional specialities guaranteed 

The proposal maintains the scheme for reservation of names of traditional specialities 
guaranteed  across  the  European  Union,  but  discontinues  the  option  of  registering 
names  without  reservation.  The  function  of  giving  publicity,  but  not  protection,  to 
traditional  products  is  best  accomplished  at  national  (or  regional)  level,  and 
European Union action cannot be justified. The renewed European Union scheme for 
traditional  specialities  guaranteed  is  simplified  (registration  process  streamlined  by 
shortening  delays,  procedures  aligned  on  PDO-PGI  ones)  and  targeted  in  several 
respects: the criterion of tradition is extended to 50 years (from 25 years) to reinforce 
the  credibility  of  the  scheme;  the  scheme  is  restricted  to  prepared  meals  and 
processed  product;  and  definitions  and  procedural  requirements  are  substantially 
simplified to improve understanding of the scheme. 

3.1.3.  Optional quality terms  

Concerning  the  optional  quality  terms,  which  have  in  common  with  the  quality 
schemes  that  they  are  optional  and  assist  farmers  to  identify  value-adding 
characteristics  and  attributes  of  product  in  the  marketplace,  it  is  proposed  to  bring 
these  into  the  present  regulation.  The  optional  quality  terms  are  not  amended  in 
content, but adapted to the legislative framework of the Treaty on the Functioning of 
the European Union.  

14 

any association, irrespective of its legal form or composition, of producers or processors working with 
the same product 

EN 

8 

   EN 

                                                 
Further study and analysis will be carried out in order to assess the problems faced 
by producers of mountain products in labelling their products on the market. On the 
basis of the results of this analysis, the Commission may propose appropriate follow-
up. 

3.1.4.  Marketing standards 

Following the Communication from the Commission on agricultural product quality 
policy and subsequent debates, it is clear that marketing standards can contribute to 
improving the economic conditions for the production and marketing as well as the 
quality  of  such  products.  A  minimum  requirement  of  "sound,  fair  and  marketable" 
already  exists  in  market  management  measures.  Extending  these  minimum 
requirements  to  those  products  not  covered  by  specific  standards  can  be  useful  for 
reassuring the consumers about the basic quality of the products they buy. 

The proposal also takes into account the necessity of the alignment to the Treaty on 
the  Functioning  of  the  European  Union,  and  thus  the  powers  to  adopt  and  develop 
standards in future will be delegated to the Commission.  

Under this new framework, a legal basis for compulsory labelling of place of farming 
will be introduced for all sectors. This allows the Commission, following appropriate 
impact assessments and on a case by case basis, to adopt delegated acts concerning 
possible  mandatory  labelling  on  place  of  farming  at  the  appropriate  geographical 
level  in  order  to  satisfy  the  consumers'  demands  for  transparency  and  information. 
One of the first sectors to be examined will be the dairy sector. At the same time the 
Commission  envisages  that  for  the  future  the  mandatory  indication  of  origin,  for 
those sectors in which it already exists, will be maintained. 

3.2. 

Legal basis (if necessary, justify choice of legal basis) 

Treaty on the Functioning of the European Union, Article 43(2), and for Title II also 
Article 118(1). 

3.3. 

Subsidiarity and proportionality principles 

Concerning  subsidiarity,  the  schemes  for  designations  of  origin  and  geographical 
indications,  traditional  specialities  guaranteed  and  optional  quality  terms,  provide 
for  the  protection  or  reservation  of  value-adding  names  and  terms  throughout  the 
territory of the European Union. This has the effect that non-qualifying producers are 
constrained  from  using  the  terms.  If  protected  by  Member  States  individually,  the 
terms  and  names  would  enjoy  different  levels  of  protection  in  each  Member  State, 
which  could  mislead  consumers,  impede  intra-Union  trade,  and  make  way  for 
unequal  competition  in  marketing  products  identified  by  quality  names  and  terms. 
The  determination  of  such  rights  across  the  European  Union  can  only  be  done 
effectively and efficiently at Union level. 18% of the value of products sold under the 
PDO and PGI scheme are traded outside their Member State of origin and rely on the 
intellectual  property  protection  afforded  by  EU-wide  scheme.  For  the  protected 
names  under  the  TSG  scheme,  sales  in  the  internal  market  are  significant  for  the 
producers  concerned.  Optional  quality  terms  also  apply  to  significant  intra-Union 
trade  flows  and  divergent  definitions  and  meanings  would  impede  the  operation  of 
the market. 

EN 

9 

   EN 

The schemes for designations of origin and geographical indications, and traditional 
specialities guaranteed rely on Union symbols designed to convey information about 
the nature of each quality scheme. In order to ensure recognition of the symbols by 
consumers  across  the  European  Union,  and  thereby  facilitate  understanding  of  the 
scheme  and  trade  in  quality  products  across  boarders,  the  symbols  need  to  be 
established at Union level.  

The  processing  and  analysis  of  applications  for  designations  of  origin  and 
geographical  indications  and  traditional  specialities  guaranteed  is  a  task  that  need 
not  be performed at  European  Union level, except in so far as certain elements are 
concerned. These include assessing eligibility for the protection of names across the 
European  Union,  upholding  the  rights  of  prior  users  of  the  names  (especially  those 
outside  the  Member  State  of  application),  and  checking  applications  for  manifest 
errors.  The  primary  detailed  analysis  of  an  application  however,  can  be  more 
efficiently and effectively undertaken at national level. 

The  operation  of  labelling  schemes  designed  to  identify  product  having  certain 
qualities,  but  which  do  not  effect  the  protection  or  reservation  of  names  across  the 
European Union, can be most effectively done by national authorities. For this reason 
the proposed revision of the traditional specialities guaranteed scheme discontinues 
the option to register names that are not protected. 

The task of controls of all schemes is, in line with Regulation (EC) No 882/2004 on 
official  feed  and  food  controls,  to  be  undertaken  in  the  first  place  under  the 
responsibility of national competent authorities. Supervision of Member State control 
activities needs to be undertaken at Union level in order to maintain credibility in the 
food law schemes across the European Union, in line with the principles laid down in 
that regulation. 

Concerning  proportionality, 
the  schemes  for  designations  of  origin  and 
geographical indications and for traditional specialities guaranteed entail adherence 
to  a  strict  product  specification  and  effective  controls  on  production  that  can  be 
burdensome for producers. However, this is necessary and proportionate to underpin 
the creditability of the scheme and provide the consumer with an effective guarantee 
of compliance. Without that guarantee, the consumer cannot be expected to pay a fair 
price  for  the  quality  products  offered.  By  contrast  the  schemes  for  optional  quality 
terms  rely  primarily  on  producers’  own  declarations  of  conformity,  backed  up  by 
normal  agricultural  controls  by  Member  States,  based  on  risk  assessment.  As  the 
conditions  of  participation  in  these  schemes  are  lighter  than  in  the  case  of  the 
designations  of  origin  and  geographical  indications  and  traditional  specialities 
guaranteed, 
is 
proportionate. 

less-burdensome  system  of  participation  and  controls 

the 

The  quality  schemes  are  an  essential  part  of  the  strategy  of  development  of  the 
common  agricultural  policy  to  enable  and  encourage  European  Union  farmers  to 
develop  their  expertise  in  marketing  high  quality  product  that  has  value  adding 
characteristics  and  production  attributes.  As  such  it  is  vital  that  all  farmers  have 
access  to  the  schemes.  Therefore,  while  farmers  must  make  a  considered  choice  to 
take on the burdens and commitment to market quality product under the schemes, 
equally the policy benefits for the agricultural sector and for consumers can only be 
achieved if every farmer who wishes, has access to the schemes. For this reason, it is 

EN 

10 

   EN 

proportionate  to  the  objective  that  the  schemes  must  be  applied  by  each  Member 
State throughout their territories. 

3.4. 

Choice of instruments 

The  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
agricultural product quality schemes replaces existing Council Regulations (EC) No 
509/2006  and  (EC)  No  510/2006,  and  incorporates  existing  provisions  relating  to 
optional  quality  terms  currently  in  Council  Regulation  (EC)  No  1234/2007 
establishing  a  common  organisation  of  agricultural  markets  and  on  specific 
provisions for certain agricultural products15 and in Directive 2001/110/EC related to 
honey16.  

The  regulation  is  accompanied  by  a  parallel  legislative  proposal  for  marketing 
standards  comprising  a  European  Parliament  and  Council  Regulation  modifying 
Council Regulation (EC) No 1234/2007 aligned to the rules of the TFEU.  

4. 

BUDGETARY IMPLICATION  

None of the European Union schemes have budgetary implications. 

However, it has been shown necessary for the Commission to take a more active role 
to  protect  the  names  of  the  quality  schemes and the Union symbols, particularly in 
third countries. To achieve this, additional budgetary resources are necessary. They 
are shown in the financial statement. 

5. 

OPTIONAL ELEMENTS: SIMPLIFICATION 

The  proposed  regulation  simplifies  administration  of  the  schemes  by  bringing 
different  quality  schemes  for  agricultural  products  as  well  as  the  optional  quality 
terms, into one legislative instrument. It ensures coherence between the instruments 
and  makes  the  schemes  more  easily  understandable  for  stakeholders.  The  proposal 
clarifies  and  simplifies  provisions  for  Member  States,  which  are  primarily 
responsible for the implementation and control of the schemes.  

The main elements of simplification are: 

– 

– 

– 

combination  where  possible  of  rules  for  application  processes  and  controls, 
with  benefits  in  terms  of  coherence  of  rules  across  schemes,  ending  current 
divergences in procedures; 

procedures are shortened and streamlined where possible; 

clarifications  are  introduced  in  particular  in  relation  to  intellectual  property 
rights; 

15 
16 

OJ L 299, 16.11.2007, p. 45. 
OJ L 10, 12.1.2002, p. 47. 

EN 

11 

   EN 

                                                 
– 

– 

simpler concepts more easily understood by consumers are introduced, notably 
in the traditional specialities guaranteed scheme; 

a  single  committee  (the  quality  policy  committee)  is  established  for  all 
schemes. This replaces two committees currently operating for the schemes for 
designations  of  origin  and  geographical  indications,  and  for  traditional 
specialities guaranteed. 

For  marketing  standards,  the  proposed  modification  of  Regulation  (EC)  No 
1234/2007 will represent a simplification in terms of procedures and it will increase 
the transparency as far as marketing standards provisions are concerned. 

EN 

12 

   EN 

2010/0353 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on agricultural product quality schemes 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) and Article 118(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee17, 

Having regard to the opinion of the Committee of the Regions18, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  quality  and  diversity  of  European  Union  agricultural  production  is  an  important 
strength  and  competitive  advantage  for  European  Union  producers  and  part  of  the 
Union's  living  cultural  and  gastronomic  heritage.  This  is  due  to  the  skills  and 
determination  of  European  Union  farmers  and  producers  who  have  kept  alive 
traditions  while  taking  into  account  developments  of  new  production  methods  and 
material.  

Citizens and consumers in the European Union increasingly demand product of quality 
as well as traditional products. They are also concerned to maintaining the diversity of 
the  agricultural  production  in  the  European  Union.  This  generates  a  demand  for 
agricultural  products  or  foodstuffs  with  an  identifiable  specificity,  in  particular  for 
geographical origin. 

Producers can only continue to produce diverse and quality products if they are fairly 
rewarded for their effort. This requires that they are able to communicate to buyers and 
consumers the characteristics of their product under conditions of fair competition. It 
also necessitates that their products are correctly identified on the marketplace. 

(4) 

Assisting producers, by means of the operation of quality schemes, to be rewarded for 
their efforts to produce a diversity of quality products, can benefit the rural economy. 

17 
18 

OJ C , , p. . 
OJ C , , p. . 

EN 

13 

   EN 

                                                 
This is particularly the case in less favoured areas, where the farming sector accounts 
for  a  significant  part  of  the  economy.  In  this  way  quality  schemes  contribute  to  and 
complement rural development policy as well as market and income support policies 
of the common agricultural policy (CAP).  

(5) 

(6) 

(7) 

EU 2020 policy priorities as set out in the Communication from the Commission, EU 
2020  a  strategy  for  smart,  sustainable  and  inclusive  growth19,  include  the  aims  of 
achieving a competitive economy based on knowledge and innovation and fostering a 
high-employment  economy  delivering  social  and  territorial  cohesion.  Agricultural 
product quality policy should therefore provide producers with the right tools to better 
identify  and  promote  their  products  having  specific  characteristics  while  protecting 
them against unfair practices.  

The set of different complementary measures envisaged should respect the principles 
of subsidiarity and proportionality.  

Agricultural  product  quality  policy  measures  are  laid  down  in  the  following 
Regulations : 

– 

– 

– 

– 

– 

– 

Council  Regulation  (EEC)  No  1601/91  of  10  June  1991  laying  down  general 
rules  on  the  definition,  description  and  presentation  of  aromatized  wines, 
aromatized wine-based drinks and aromatized wine-product cocktails20; 

Council Directive 2001/110/EC of 20 December 2001, related to honey21 and 
in particular Article 2 thereof; 

Council  Regulation  (EC)  No  247/2006  of  30  January  2006  laying  down 
specific measures for agriculture in the outermost regions of the Union22 and in 
particular Article 14 of Title IV 'Graphic symbol' thereof; 

Council  Regulation  (EC)  No  509/2006  of  20  March  2006  on  agricultural 
products and foodstuffs as traditional specialities guaranteed23; 

Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of 
geographical  indications  and  designations  of  origin  for  agricultural  products 
and foodstuffs24; 

Council  Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a 
common  organisation  of  agricultural  markets  and  on  specific  provisions  for 
certain agricultural products (Single CMO Regulation)25 and in particular Part 
II,  Title  II,  chapter  I,  section  I  'Marketing  rules'  and  Section  Ia,  Subsection  I 
'Designations of origin and geographical indications' thereof; 

19 

20 
21 
22 
23 
24 
25 

Communication from the Commission 'EUROPE 2020 A strategy for smart, sustainable and inclusive 
growth', COM(2010) 2020 
OJ L149, 14.06.1991, p. 1 
OJ L 10, 12.1.2002, p. 47 
OJ L 42, 14.2.2006, p. 1. 
OJ L 93, 31.3.2006, p. 1. 
OJ L 93, 31.3.2006, p. 12. 
OJ L 299, 16.11.2007, p. 45. 

EN 

14 

   EN 

                                                 
– 

– 

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production 
and  labelling  of  organic  products  and  repealing  Regulation  (EEC)  No 
2092/9126; 

Regulation (EC) No 110/2008 of the European Parliament and of the Council 
of  15  January  2008  on  the  definition,  description,  presentation,  labelling  and 
the protection of geographical indications of spirit drinks and repealing Council 
Regulation (EEC) No 1576/8927. 

(8) 

(9) 

The labelling of agricultural products and foodstuffs should be subject to the general 
rules  laid  down  in  Directive  2000/13/EC  of  the  European  Parliament  and  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 foodstuffs28.  

The  Communication  from  the  Commission  to  the  European  Parliament,  the  Council, 
the European Economic and Social Committee and the Committee of the Regions on 
agricultural  product  quality  policy29  identified  achieving  a  greater  overall  coherence 
and consistency of agricultural product quality policy as a priority.  

(10)  The  geographical  indications  scheme  for  agricultural  products  and  foodstuffs, 
traditional  specialities  guaranteed  scheme,  and  voluntary  labelling  rules  have  certain 
common objectives and provisions.  

(11)  The  European  Union  has  for  some  time  been  pursuing  the  aim  of  simplifying  the 
regulatory  environment  of  the  CAP.  This  approach  should  also  be  applied  to 
agricultural product quality policy Regulations.  

(12)  Some Regulations that form part of the agricultural product quality policy have been 
reviewed  recently  and  are  not  yet  fully  implemented.  Against  this  background,  this 
Regulation  should  not  include  those  measures.  However,  it  may  be  envisaged  to 
incorporate them at a later stage once the legislation has been fully implemented. 

(13) 

In the light of the aforementioned considerations, the following provisions should be 
amalgamated into a single legal framework: 

– 

– 

– 

New  or  updated  provisions  of  Regulations  (EC)  No  510/2006  and  (EC)  No 
509/2006; 

Provisions  of  Regulations  (EC)  No  510/2006  and  (EC)  No  509/2006  that  are 
maintained; 

Provisions  concerning  voluntary  labelling  rules  of  Regulation  (EC)  No 
1234/2007 and Directive 2001/110/EC 

(14) 

In the interests of clarity and transparency, Regulations (EC) No 509/2006 and (EC) 
No 510/2006 should therefore be repealed and replaced by this Regulation. 

26 
27 
28 
29 

OJ L 189, 20.7.2007, p. 1. 
OJ L 39, 13.2.2008, p. 16. 
OJ L 109, 6.5.2000, p. 29. 
COM(234)2009final 

EN 

15 

   EN 

                                                 
(15)  The  scope  of  this  Regulation  should  be  limited  to  agricultural  products  intended  for 
human consumption listed in Annex I to the Treaty and to a list of products outside the 
scope  of  the  said  Annex  that  are  closely  linked  to  agricultural  production  or  to  the 
rural economy.  

(16)  The  rules  provided  for  in  this  Regulation  should  apply  without  affecting  existing 
Union legislation on wines, aromatised wines spirit drinks, product of organic farming, 
or outermost regions. 

(17)  The scope for designations of origin and geographical indications should be limited to 
products for which an intrinsic link exists between product or foodstuff characteristics 
and geographical origin. The inclusion in the former scheme of only certain types of 
chocolate as confectionery products is an anomaly that should be corrected.  

(18)  The  specific  objectives  of  protecting  designations  of  origin  and  geographical 
indications  are  for  farmers  and  producers  to  secure  fair  return  for  the  qualities  of 
product and provide clear information on products with specific characteristics linked 
to  geographical  origin,  enabling  consumers  to  make  more  informed  purchasing 
choices.  

(19)  Ensuring  uniform  respect  throughout  the  Union  of  the  intellectual  property  rights 
related to names protected in the Union is also an objective that can be achieved more 
effectively at Union level. 

(20)  A  Union  framework  for  protection  of  designations  of  origin  and  geographical 
indications,  with  their  inclusion  into  a  register,  permits  their  development  since,  by 
providing  a  more  uniform  approach,  such  a  framework  ensures  fair  competition 
between  the  producers  of  products  bearing  such  indications  and  enhances  the 
credibility  of  the  products  in  the  consumer's  eyes.  Provision  should  be  made  for  the 
development of designations of origin and geographical indications at Union level.  

(21)  Based on the experience gained following the implementation of Council Regulation 
(EEC)  No  2081/1992  of  14  July  1992  on  the  protection  of  geographical  indications 
and  designations  of  origin  for  agricultural  products  and  foodstuffs30  and  Regulation 
(EC)  No  510/2006,  there  is  a  need  to  address  certain  issues,  to  clarify  and  simplify 
some rules and streamline the procedures of this scheme. 

(22) 

In the light of existing practice, two different instruments identifying the link between 
the product and its geographical origin should be defined and maintained, namely the 
protected  designation  of  origin  and  the  protected  geographical  indication.  However, 
without changing their concept as such, some modifications to the definitions should 
be  adopted  to  better  take  into  account  the  definition  of  geographical  indications  laid 
down in the Agreement on Trade-Related Aspects of Intellectual Property Rights and 
to clarify and simplify their understanding by operators.  

(23)  An  agricultural  product  or  foodstuff  bearing  such  a  geographical  description  should 

meet certain conditions set out in a specification. 

30 

OJ L 208, 24.7.1992, p. 1. Regulation repealed and replaced by Regulation (EC) No 510/2006 

EN 

16 

   EN 

                                                 
(24)  To qualify for protection in the territories of the Member States, designations of origin 
and geographical indications should only be registered at Union level. Member States 
should be able to grant transitional protection at national level without affecting intra-
Union or international trade, with effect from the date of application for registration at 
the  Union  level.  The  protection  afforded  by  this  Regulation,  subject  to  registration, 
should be equally open to designations of origin and geographical indications of third 
countries that meet the corresponding criteria and that are protected in their country of 
origin. 

(25)  The  registration  procedure  at  Union  level  should  enable  any  natural  or  legal  person 
having  a  legitimate  interest  in  a  Member  State,  other  than  the  Member  State  of  the 
application, or in a third country, to exercise their rights by notifying their opposition. 

(26)  Entry  in  the  register  of  protected  designations  of  origin  and  protected  geographical 
indications  should  also  provide  information  to  those  involved  in  trade  and  to 
consumers. 

(27)  The  Union  is  negotiating  with  its  trade  partners  international  agreements  including 
protection of designations of origin and geographical indications. In order to facilitate 
public information about names so protected, and in particular to ensure protection and 
control of the use of the said names, they may be entered in the register of protected 
designations  of  origin  and  protected  geographical  indications.  Unless  specifically 
identified  as  designations  of  origin  in  the  said  agreements,  the  names  should  be 
entered in the register as protected geographical indications. 

(28) 

In view of their specific nature, special provisions as to labelling should be adopted for 
protected  designations  of  origin  and  protected  geographical  indications,  requiring 
producers to use the appropriate Union symbols or indications on packaging. The use 
of such symbols or indications should be made obligatory in the case of Union names, 
on the one hand, to make this category of products and the guarantees attached to them 
better  known  to  consumers  and,  on  the  other, to  permit  easier  identification  of  these 
products on the market so as to facilitate checks. Taking into account the requirements 
of  the  World  Trade  Organization,  the  use  of  such  symbols  or  indications  should  be 
made voluntary for geographical indications and designations of origin originating in a 
third country.  

(29)  Protection  should be  granted to names included in the register, aiming  to ensure fair 
use and prevent practices liable to mislead consumers. In addition, the means to ensure 
the  protection  of  geographical  indications  and  designations  of  origin  should  be 
clarified notably as to the role of the producer groups and the competent authorities of 
Member States.  

(30)  Specific derogations permitting the use of a registered name alongside other names for 
a  limited  period  should  be  foreseen,  although  simplified  and  clarified.  In  specific 
cases,  to  overcome  temporary  difficulties  with  the  long  term  objective  to  have  all 
producers complying with the specifications, specific derogations may be granted up 
to a period of 10 years.  

(31)  The  scope  of  the  protection  granted  under  this  Regulation  should  be  clarified,  in 
particular with regard to limitations on registration of new trade marks under Directive 
2008/95/EC  of  the  European  Parliament  and  of  the  Council  of  22  October  2008  to 

EN 

17 

   EN 

approximate the laws of the Member States relating to trade marks31 that conflict with 
the  registration  of  protected  designations  of  origin  and  protected  geographical 
indications as is already the case for the registration of new trade marks at Union level. 
Such a clarification should also be introduced with regard to holders of prior rights in 
intellectual  property,  notably  concerning  trade  marks  and  homonymous  names 
registered as protected designations of origin or as protected geographical indications.  

(32)  Protection of designations of origin and geographical indications should be extended 
to misuses, imitations and evocations of the registered names on goods as well as on 
services in order to ensure a high level of protection and align the protection with that 
applicable for the wine sector.  

(33)  The names already registered under Regulation (EC) No 510/2006 on the date of entry 
into force of this Regulation should continue to be protected under this Regulation and 
automatically included in the register.  

(34)  The specific objective of the scheme for traditional specialities guaranteed is to assist 
the producers of traditional products in communicating the value adding attributes of 
their  product  to  consumers.  However,  with  only  few  names  registered,  the  current 
scheme for traditional specialities guaranteed has failed to meet its potential. Current 
provisions should therefore be improved, clarified and focussed in order to make the 
scheme more understandable, operational and attractive to potential applicants.  

(35)  The former scheme provided the option to register a name for identification purposes 
without reservation of the name in the Union. As this option was not well understood 
by stakeholders and since the function of identifying traditional product can be better 
achieved  at  Member  State  or  regional  level  in  application  of  the  principle  of 
subsidiarity, the option should be discontinued. In the light of experience, the scheme 
should only concern reservation of names across the Union. 

(36)  To ensure that names of genuine traditional products are registered under the scheme, 
other  criteria  and  conditions  for  registration  of  a  name  should  be  reviewed,  in 
particular  concerning  the  definition  of  'traditional'  that  should  be  changed  to  cover 
products that have been produced for a highly significant period of time. To improve 
protection of the culinary heritage of the Union, the scope of the traditional specialities 
guaranteed scheme should henceforth be more clearly focussed on prepared meals and 
processed products. 

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

(38)  To  qualify  for  reservation,  traditional  specialities  guaranteed  should  be  registered  at 
Union level. Entry in a register should also provide information to those involved in 
the trade and to consumers.  

(39) 

In  order  to  avoid  creating  unfair  conditions  of  competition,  any  producer,  including 
third-country  producers,  should  be  able  to  use  a  registered  name  and,  where 

31 

OJ L 299, 8.11.2008, p. 25. 

EN 

18 

   EN 

                                                 
appropriate,  the  Union  symbol  associated  with  the  indication  ‘Traditional  speciality 
guaranteed’, provided that the product complies with the requirements of the relevant 
specification and the producer is covered by a system of controls. 

(40) 

In  order  to  protect  registered  names  from  misuse  or  practices  that  might  mislead 
consumers their use should be reserved. 

(41)  For the names already registered under Regulation (EC) No 509/2006 that, on the date 
of  entry  into  force  of  this  Regulation,  would  not  be  covered  by  the  scope  of  this 
Regulation, the terms of use laid down in that Regulation should continue to apply for 
a transitional period. 

(42)  Provision  should  also  be  made  for  transitional  measures  applicable  to  registration 
applications  received  by  the  Commission  before  the  entry  into  force  of  this 
Regulation. 

(43)  The  marketing  standards  should  be  clearly  divided  between  obligatory  rules 
maintained  in  the  common  market  organisation  legislation  and  the  optional  quality 
terms,  which  should  be  included  in  the  architecture  of  the  quality  schemes.  The 
optional quality terms should continue to support the aims of the marketing standards 
and thus be limited in scope to product listed in Annex I to the Treaty. 

(44) 

In  the  light  of  the  objectives  of  the  present  Regulation  and  in  the  interest  of  clarity, 
existing optional quality terms should be governed by this Regulation. 

(45)  With a view to the coherent development of optional quality terms describing specific 
product  characteristics  and  attributes,  provision  should  be  made  to  confer  the 
Commission the power to reserve an additional term, amend the product coverage or 
the conditions of use of, or cancel an optional quality term by means of delegated acts. 

(46)  The added value of the geographical indications and traditional specialities guaranteed 
is  based  on  the  consumer  trust,  which  is  only  credible  if  accompanied  by  effective 
verification  and  controls.  These  quality  schemes  should  be  subject  to  a  monitoring 
system  of  official  controls,  in  line  with  the  principles  set  out  in  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 rules32, including a system of checks at all stages of 
production,  processing  and  distribution.  To  help  Member  States  to  better  apply 
provisions  of  Regulation  (EC)  882/2004  for  the  controls  of  geographical  indications 
and  traditional  specialities  guaranteed,  references  to  the  most  relevant  articles  are 
mentioned in the current Regulation. 

(47)  To  guarantee  to  the  consumer  the  specific  characteristics  of  geographical  indications 
and  traditional  specialities  guaranteed,  operators  should  be  subject  to  a  system  of 
verification of compliance with the product specification.  

(48)  The competent authorities should meet a number of operational criteria so as to ensure 
their  impartiality  and  effectiveness.  Provisions  on  delegating  some  competences  of 
performing specific control tasks to control bodies should be envisaged.  

32 

OJ L 191, 28.5.2004, p. 1. 

EN 

19 

   EN 

                                                 
(49)  European  standards  (EN  standards)  developed  by  the  European  Committee  for 
the 
Standardisation  (CEN)  as  well  as 
International Organisation for Standardisation (ISO) should be used for the operation 
and  accreditation  of  the  control  bodies.  Accreditation  of  those  bodies  should  be 
performed  in  accordance  with  Regulation  (EC)  No  765/2008  of  the  European 
Parliament  and  of  the  Council  of  9  July  2008  setting  out  the  requirements  for 
accreditation and market surveillance relating to the marketing of products33 

international  standards  developed  by 

(50) 

Information  on  control  activities  for  geographical  indications  and  traditional 
specialities  guaranteed  should  be  included  in  the  multiannual  national  control  plans 
and  annual  report  prepared  by  the  Member  States  following  the  provisions  of 
Regulation (EC) No 882/2004.  

(51)  Member States should be authorised to charge a fee to cover the costs incurred. 

(52)  Existing  rules  concerning  the  continued  use  of  names  that  are  generic  should  be 
clarified to the effect that generic terms that are similar to or form part of a name or 
term that is protected or reserved should retain such generic status. 

(53)  The dates for establishing the seniority of a trade mark and of a designation of origin 
or a geographical indication should be that of the date of application of the trade mark 
for registration in the Union or in the Member States and the date of application for 
protection of a designation of origin or a geographical indication to the Commission.  

(54)  The provisions for refusal or coexistence of a designation of origin or a geographical 
indication on the ground of conflict with a prior trade mark should be continued. 

(55)  The  criteria  by  which  subsequent  trade  marks  should  be  refused  or  if  registered 
invalidated  for  reason  of  conflict  with  a  prior  designation  of  origin  or  geographical 
indication  should  correspond  to  the  scope  of  protection  of  designation  of  origin  or  a 
geographical indication laid down. 

(56)  The  provisions  of  systems  establishing  intellectual  property  rights,  and  in  particular 
those  established  by  the  quality  scheme  for  designations  of  origin  and  geographical 
indications and those established under trade mark law,  should take  precedence over 
the reservation of names and establishment of indications and symbols pursuant to the 
quality schemes for traditional specialities guaranteed, and for optional quality terms. 

(57)  The role of groups should be clarified and recognised. Groups play an essential role in 
the  application  process  for  the  registration  of  names  of  designations  of  origin  and 
geographical indications and traditional specialities guaranteed, including amendments 
of  specifications  and  cancellation  requests.  The  group  can  also  develop  activities 
related to the surveillance of the enforcement of the protection of the registered names, 
the compliance of the production with the product specification, the information and 
promotion of the registered name as well as in general any activity aiming to improve 
the  value  of  the  registered  names  and  effectiveness  of  the  quality  schemes. 
Nevertheless, these activities should not facilitate nor lead to anti-competitive conduct 
incompatible with Articles 101 and 102 of the Treaty.  

33 

OJ L 218, 13.08.2008, p. 30. 

EN 

20 

   EN 

                                                 
(58)  To ensure that registered names of designations of origin and geographical indications 
and  traditional  specialities  guaranteed  meet  the  conditions  laid  down  by  this 
Regulation, applications should be examined by the national authorities of the Member 
State concerned, subject to compliance with minimum common provisions, including 
a  national  opposition  procedure.  The  Commission  should  subsequently  scrutinise 
applications to ensure that there are no manifest errors and Union law and the interests 
of stakeholders outside the Member State of application are taken into account.  

(59)  Registration  of  names  of  designations  of  origin  and  geographical  indications  and 
traditional  specialities  guaranteed  that  satisfy  the  conditions  laid  down  by  this 
Regulation should be open to names relating to product originating in third countries.  

(60)  The  symbols,  indications  and  abbreviations  identifying  participation  in  a  quality 
scheme  and  the  rights  therein  pertaining  to  the  Union,  should  be  protected  in  the 
Union  as  well  as  in  third  countries  with  the  aim  of  ensuring  that  the  said  symbols, 
indications and abbreviations are used on genuine product and that consumers are not 
misled as to the qualities of product. Furthermore, in order that the protection should 
be effective, the Commission should have recourse to reasonable budgetary resources 
on a centralised basis within the framework of Council Regulation (EC) No 1698/2005 
of 20 September 2005 on support for rural development by the European Agricultural 
Fund for Rural Development (EAFRD)34 and in accordance with Article 5 of Council 
Regulation  (EC)  No  1290/2005  of  21  June  2005  on  the  financing  of  the  common 
agricultural policy35. 

(61)  The  registration  procedure  for  a  protected  designation  of  origin,  a  protected 
geographical indication and a traditional speciality guaranteed, including scrutiny and 
opposition  period,  should  be  shorten  and  improved,  in  particular  as  to  decision 
making.  The  decision  making  on  registration  should  be  under  responsibility  of  the 
Commission,  and  under  certain  conditions  with  the  assistance  of  Member  States. 
Procedures should be laid down to permit amendment of product specifications after 
registration, and cancellation of the registered names, in particular if compliance with 
the corresponding product specification is no longer ensured or if a name is no longer 
used in the market place. 

(62)  The  Commission  should  have  the  power  to  adopt  delegated  acts  in  accordance  with 
Article  290  of  the  Treaty  in  order  to  supplement  or  amend  certain  non-essential 
elements  of  this  Regulation.  The  elements  for  which  that  power  may  be  exercised 
should be defined, as well as the conditions to which that delegation is to be subject. 

(63) 

In  order  to  guarantee  a  uniform  application  of  this  Regulation  in  all  Member  States, 
the Commission should be empowered to adopt implementing acts in accordance with 
Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission 
should adopt those implementing acts in accordance with the provisions of Regulation 
(EU) No XX/XXXX of the European Parliament and the Council of… on …36, 

HAVE ADOPTED THIS REGULATION: 

34 
35 
36 

OJ L 277, 21.10.2005, p. 1. 
OJ L 209, 11.8.2005, p. 1. 

EN 

21 

   EN 

                                                 
 
Title I  

INTRODUCTORY PROVISIONS 

Article 1 

Subject matter 

1. 

This  Regulation  is  designed  to  assist  producers  of  agricultural  products  to 
communicate the product characteristics and farming attributes of those products to 
buyers and consumers ensuring: 

–  fair  competition  for  farmers  and  producers  of  agricultural  products  having  value 

adding characteristics and attributes,  

–  reliable information pertaining to such products is available to consumers,  

–  observance of intellectual property rights, and  

–  the integrity of the internal market. 

The measures herein are intended to foster agricultural and processing activities and 
farming  systems  associated  with  high  quality  products  thus  contributing  to  the 
achievement of rural development policy. 

2. 

This  Regulation  establishes  ‘quality  schemes’  which  provide  the  basis  for  the 
identification and, where appropriate, protection of, names and terms that indicate or 
describe in particular agricultural products having: 

(a) 

value-adding characteristics, or  

(b)  value-adding attributes due to the farming or processing methods used in their 

production, or due to the place of their production or marketing. 

Article 2 

Scope 

1. 

This Regulation covers agricultural products intended for human consumption listed 
in Annex I to the Treaty and other products listed in Annex I to this Regulation to the 
extent therein indicated.  

However, the quality scheme set out in Title III of this Regulation shall not apply to 
unprocessed agricultural products. 

In order to ensure that the products covered by this Regulation are closely linked to 
agricultural  products  or  to  the  rural  economy,  the  Commission  may,  by  means  of 
delegated acts, amend Annex I thereto.  

EN 

22 

   EN 

 
 
2. 

3. 

4. 

This  Regulation  shall  not  apply  to  grapevine  products  with  the  exception  of  wine-
vinegars, or to spirit drinks or to aromatised wines. 

This  Regulation  shall  apply  without  prejudice  to  other  specific  Union  provisions 
relating  to  placing  of  product  on  the  market,  in  particular  on  the  single  common 
organisation of the markets, or on food labelling. 

Directive 98/34/EC of the European Parliament and of the Council37 shall not apply 
to the quality schemes established by this Regulation. 

Article 3 

Definitions 

For the purposes of this Regulation: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

‘quality schemes’ means the schemes established under Titles II, III and IV; 

‘group’  means  any  association,  irrespective  of  its  legal  form,  mainly  composed  of 
producers or processors working with the same product; 

‘traditional’ means proven usage on the domestic market for a time period allowing 
transmission  between  generations;  this  time  period  should  be  the  one  generally 
ascribed to two generations, at least 50 years; 

'labelling'  has  the  same  meaning  as  in  point  (a)  of  Article  1(3)  of  Directive 
2000/13/EC;  

'specificity'  in  relation  to  a  product  refers  to  the  characteristic  and  production 
attributes  which  distinguishes  a  product  clearly  from  other  similar  products  of  the 
same category; 

"generic  terms"  means  the  terms  which  include  those  names  of  product  which, 
although  relating  to  the  place,  region  or  country  where  the  product  was  originally 
produced or marketed, have become the common name of a product in the Union.  

37 

OJ L 204, 21.7.1998, p. 37 

EN 

23 

   EN 

 
                                                 
Title II 

PROTECTED DESIGNATIONS OF ORIGIN AND 
PROTECTED GEOGRAPHICAL INDICATIONS 

Article 4 

Objective 

A  scheme  for  protected  designations  of  origin  and  protected  geographical  indications  is 
established in order to assist producers of products linked to a geographical area by:  

(a) 

(b) 

(c) 

securing fair returns for the qualities of their products; 

ensuring  uniform  protection  of  the  names  as  an  intellectual  property  right  in  the 
territory of the European Union;  

providing  clear  information  on  the  value  adding  attributes  of  the  product  to 
consumers.  

Article 5 

Definitions of designation of origin and geographical indication 

1. 

For the purpose of this Title, the following definitions shall apply: 

(a) 

‘designation of origin’ is a name which identifies a product:  

(i) 

originating in a specific place, region or, in exceptional cases, a country, 

(ii)  where  the  quality  or  characteristics  of  the  product  are  essentially  or 
exclusively due to a particular geographical environment with its inherent 
natural and human factors, and 

(iii) 

the  production  steps  of  which  all  take  place  in  the  same  defined 
geographical area;  

(b) 

‘geographical indication’ is a name which identifies a product:  

(i) 

originating in a specific place, region or country,  

(ii)  where a given quality, reputation or other characteristic of the product is 

essentially attributable to its geographical origin, and  

(iii)  at  least  one  of  the  production  steps  of  which  take  place  in  the  defined 

geographical area.  

EN 

24 

   EN 

 
 
2. 

Notwithstanding  point  (a)  of  paragraph  1,  certain  names  shall  be  treated  as 
designations of origin where the raw materials for the products concerned come from 
a  geographical  area  larger  than,  or  different  from,  the  defined  geographical  area, 
provided that: 

(a) 

the production area of the raw materials is defined; 

(b) 

special conditions for the production of the raw materials exist; and 

(c) 

there  are  control  arrangements  to  ensure  that  the  conditions  referred  to  in 
point (b) are adhered to. 

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

In order to take into account the specificities related to certain sectors or areas, the 
Commission  may,  by  means  of  delegated  acts,  adopt  restrictions  and  derogations 
regarding the steps of production which shall take place in the defined geographical 
area or regarding the sourcing of raw materials.  

Article 6 

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

Names that have become generic may not be registered as protected designations of 
origin or protected geographical indications.  

A name may not be registered as a designation of origin or geographical indication 
where it conflicts with a name of a plant variety or an animal breed and is likely to 
mislead the consumer as to the true origin of the product. 

A  name  proposed  for  registration  that  is  wholly  or  partially  homonymous  with  a 
name already entered in the register established under Article 11 may be registered 
provided  there  is  sufficient  distinction  in  practice  between  conditions  of  usage  and 
presentation of the homonym registered subsequently and the name already entered 
in the register, so as to not mislead the consumer.  

A  name  proposed  for  registration  as  a  designation  of  origin  or  geographical 
indication shall not be registered where, in the light of a trade mark's reputation and 
renown and the length of time it has been used, registration of the name proposed as 
the  designation  of  origin  or  geographical  indication  would  be  liable  to  mislead  the 
consumer as to the true identity of the product. 

3. 

1. 

2. 

3. 

4. 

Article 7 

Product specification 

1. 

To  be  eligible  for  a  protected  designation  of  origin  or  a  protected  geographical 
indication, a product shall comply with a specification which shall include at least: 

EN 

25 

   EN 

 
 
(a) 

the name to be protected as designation of origin or geographical indication; 

(b) 

(c) 

(d) 

(e) 

a description of the product, including the raw materials, if appropriate, and the 
principal  physical,  chemical,  microbiological  and  organoleptic  characteristics 
of the product ; 

the  definition  of  the  geographical  area  and,  where  appropriate,  details 
indicating compliance with the requirements of Article 5(2); 

evidence that the product originates in the defined geographical area referred to 
in point (a) or (b) of Article 5(1); 

a  description  of  the  method  of  obtaining  the  product  and  the  authentic  and 
unvarying  local  methods  and,  where  applicable,  information  concerning 
packaging,  if  the  applicant  group  so  determines  and  gives  reasons  why  the 
packaging must take place in the defined geographical area to safeguard quality 
or ensure the origin or ensure control; 

(f) 

details bearing out the following: 

(i) 

(ii) 

the  link  between  the  quality  or  characteristics  of  the  product  and  the 
geographical environment referred to in point (a) of Article 5(1) or, as the 
case may be; 

the link between a given quality, the reputation or other characteristic of 
the agricultural product or foodstuff and the geographical origin referred 
to in point (b) of Article 5(1); 

(g) 

the name and address of the authorities or bodies verifying compliance with the 
provisions of the product specification pursuant to Article 34 and their specific 
tasks; 

(h) 

any specific labelling rule for the product in question; 

3. 

In  order  to  ensure  that  product  specifications  provide  relevant  and  succinct 
information,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  further 
rules as to the content of a product specification.  

Article 8 

Content of application for registration  

1. 

An application for registration of a designation of origin or geographical indication 
as referred to in Article 46(2) or Article 46(5) shall include at least: 

(a) 

the name and address of the applicant group; 

(b) 

the product specification provided for in Article 7; 

(c) 

a single document setting out the following: 

EN 

26 

   EN 

 
(i) 

(ii) 

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

a  description  of  the  link  between  the  product  and  the  geographical 
environment  or  geographical  origin  referred  to  in  points  (a)  or  (b)  of 
Article  5(1),  as  the  case  may  be,  including,  where  appropriate,  the 
specific  elements  of  the  product  description  or  production  method 
justifying the link. 

An application as referred to in Article 46(5) shall in addition include proof that the 
name of the product is protected in its country of origin. 

2. 

An application dossier referred to in Article 46(4) shall comprise: 

(a) 

the name and address of the applicant group; 

(b) 

the single document referred to in point (c) of paragraph 1; 

(c) 

a declaration by the Member State that it considers that the application lodged 
by  the  applicant  group  and  qualifying  for  the  favourable  decision  meets  the 
conditions of this Regulation and the provisions adopted pursuant to it; 

(d) 

the publication reference of the product specification. 

The Member State shall ensure that the version of the product specification on which 
its  favourable  decision,  pursuant  to  Article  46(4),  is  based,  is  published,  and  shall 
provide electronic access to the product specification. 

Article 9 

Transitional national protection 

A  Member  State  may,  on  a  transitional  basis  only,  grant  protection  to  a  name  under  this 
Regulation at national level, with effect from the date on which an application is lodged with 
the Commission.  

Such  national  protection  shall  cease  on  the  date  on  which  either  a  decision  on  registration 
under this Regulation is taken or the application is withdrawn. 

The  consequences  of  such  national  protection,  where  a  name  is  not  registered  under  this 
Regulation shall be the sole responsibility of the Member State concerned. 

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

EN 

27 

   EN 

 
Article 10 

Grounds for opposition 

1. 

A  statement  of  opposition  as  referred  to  in  the  first  sub-paragraph  of  Article  48(1) 
shall be admissible only if it is received by the Commission within the time limit and 
if it:  

(a) 

shows non-compliance with the conditions referred to in Article 5; 

(b) 

(c) 

shows  that  the  registration  of  the  name  proposed  would  be  contrary  to 
paragraphs 2 or 3 of Article 6; 

shows  that  the  registration  of  the  name  proposed  would  jeopardize  the 
existence  of  an  entirely  or  partly  identical  name  or  of  a  trade  mark  or  the 
existence  of  products  which  have  been  legally  on  the  market  for  at  least  five 
years  preceding  the  date  of  the  publication  provided  for  in  point  (a)  of 
Article 47(2); or 

(d)  gives  details  from  which  it  can  be  concluded  that  the  name  for  which 

registration is requested is generic. 

2. 

The  grounds  for  opposition  shall  be  assessed  in  relation  to  the  territory  of  the 
European Union.  

Article 11 

Register of protected designations of origin and protected geographical indications 

1. 

2. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee  referred  to  in  Article  54,  establish  and  maintain  updated  a  register  of 
protected  designations  of  origin  and  protected  geographical  indications  recognised 
under this scheme, which shall be publicly accessible. 

Designations  of  origin  and  geographical  indications  pertaining  to  products  of  third 
countries that are protected in the Union under an international agreement to which 
the  Union  is  a  contracting  party  may  be  entered  in  the  register.  Unless  specifically 
identified  in  the  said  agreement  as  protected  designations  of  origin  under  this 
Regulation,  such  names  shall  be  entered  in  the  register  as  protected  geographical 
indications. 

3. 

The Commission may, by means of implementing acts, without the assistance of the 
Committee referred to in Article 54, lay down the form and content of the register. 

Article 12 

Names, symbol and indications 

1. 

Protected designations of origin and protected geographical indications may be used 
by any operator marketing a product conforming to the corresponding specification.  

EN 

28 

   EN 

 
 
 
2. 

3. 

4. 

5. 

Union symbols designed to publicise protected designations of origin and protected 
geographical indications shall be established.  

In  the  case  of  products  originating  in  the  Union,  marketed  under  a  protected 
designation of origin or a protected geographical indication registered in accordance 
with  the  procedures  laid  down  in  this  Regulation,  the  indications  ‘protected 
designation  of  origin’  or  ‘protected  geographical  indication’  or  the  Union  symbols 
associated  with  them  shall  appear  on  the  labelling.  In  addition,  the  corresponding 
abbreviations "PDO" or "PGI" may appear on the labelling.  

In the case of products originating in third countries marketed under a name entered 
in  the  register,  the  indications  referred  to  in  paragraph 3  or  the  Union  symbols 
associated with them may appear on the labelling. 

In order to ensure the appropriate information is communicated to the consumer, the 
Commission shall, by means of delegated acts, define the technical characteristics of 
the  Union  symbols  as  well  as  rules  on  the  labelling  of  products  marketed  under  a 
protected designation of origin or a protected geographical indication, including as to 
the appropriate linguistic versions to be used.  

Article 13 

Protection 

1. 

Registered names shall be protected against: 

(a) 

(b) 

(c) 

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

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

any other false or misleading indication as to the provenance, origin, nature or 
essential qualities of the product, on the inner or outer packaging, advertising 
material or documents relating to the product concerned, and the packing of the 
product in a container liable to convey a false impression as to its origin; 

(d) 

any  other  practice  liable  to  mislead  the  consumer  as  to  the  true  origin  of  the 
product. 

Where  a  protected  designation  of  origin  or  a  protected  geographical  indication 
contains within it the name of a product which is considered generic, the use of that 
generic  name  shall  not  be  considered  to  be  contrary  to  points  (a)  or  (b)  of  the  first 
subparagraph. 

2. 

Protected  designations  of  origin  and  protected  geographical  indications  may  not 
become generic.  

EN 

29 

   EN 

 
3. 

1. 

2. 

Member States shall take the appropriate administrative and judicial steps to prevent 
or  stop  the  unlawful  use  of  protected  designations  of  origin  and  protected 
geographical indications as referred to in paragraph 1, in particular at the request of a 
producer group as provided for in point (a) of Article 42. 

Relations between trade marks, designations of origin and geographical indications 

Article 14 

Where  a  designation  of  origin  or  a  geographical  indication  is  registered  under  this 
Regulation,  the  registration  of  a  trade  mark  the  use  of  which  would  contravene 
Article  13  and  which  relates  to  a  same  type  of  product  shall  be  refused  if  the 
application for registration of the trade mark is submitted after the date of submission 
of the registration application to the Commission. 

Trade marks registered in breach of the first subparagraph shall be invalidated. 

Without prejudice to Article 6(4), a trade mark the use of which contravenes Article 
13 which has been applied for, registered, or established by use, if that possibility is 
provided  for  by  the  legislation  concerned,  in  good  faith  within  the  territory  of  the 
European  Union,  before  the  date  on  which  the  application  for  protection  of  the 
designation of origin or geographical indication is submitted to the Commission, may 
continue to be used and renewed for that product notwithstanding the registration of 
a  designation  of  origin  or  geographical  indication,  provided  that  no  grounds  for  its 
invalidity  or  revocation  exist  under  Council  Regulation  (EC)  No  207/2009  of  26 
February  2009  on  the  Community  trade  mark38  or  under  Directive  2008/95/EC.  In 
such cases, the use of the protected designation of origin or protected  geographical 
indication shall be permitted as well as use of the relevant trade marks. 

3. 

The  provisions  of  paragraph  1  shall  apply  notwithstanding  the  provisions  of 
Directive 2008/95/EC.  

Article 15 

Temporary derogations for use of protected designations of origin and protected 
geographical indications 

1. 

Without  prejudice  to  Article 14,  products  originating  in  a  Member  State  or  a  third 
country  other  than  the  one  of  the  applicant  the  designation  of  which  comprises  or 
contains  a  name  that  contravenes  Article  13(1)  may  continue  to  use  the  protected 
name  for  a  transitional  period  of  up  to  five  years,  solely  where  an  admissible 
statement of opposition under Article 48 shows that:  

(a) 

the  registration  of  the  name  would  jeopardise  the  existence  of  an  entirely  or 
partly identical name, or; 

38 

OJ L 78, 24.3.2009, p. 1. 

EN 

30 

   EN 

 
 
                                                 
(b) 

such  products  have  been  legally  marketed  with  that  name  in  the  territory 
concerned for at least five years preceding the date of the publication provided 
for in the first indent of Article 47(2). 

Without  prejudice  to  Article  14,  the  Commission  may,  by  means  of  implementing 
acts, decide to extend the transitional period mentioned in paragraph 1 to 15 years in 
duly justified cases where it is shown that the purpose of using the designation not 
respecting the specification has not, at any time, been to profit from the reputation of 
the registered name and it is shown that the consumer has not been nor could have 
been misled as to the true origin of the product. 

When using a designation referred to in paragraphs 1 and 2, the indication of country 
of origin shall be clearly and visibly indicated on the label.  

In specific cases, to overcome temporary difficulties with the long term objective to 
have  all  producers  complying  with  the  specification,  the  Member  State  may  also 
grant  a  transitional  period  up  to  10  years,  with  effect  from  the  date  on  which  the 
application  is  lodged  with  the  Commission,  on  the  condition  that  the  producers 
concerned  have  legally  marketed  the  products  in  question,  using  the  names 
concerned  continuously  for  at  least  the  past  five  years  prior  to  the  lodging  of  the 
application to the Commission. 

The  first  subparagraph  shall  apply  mutatis  mutandis  to  a  protected  geographical 
indication or protected designation of origin referring to a geographical area situated 
in a third country. 

Such  transitional  periods  shall  be  indicated  in  the  application  dossier  referred  to  in 
Article 8(2).  

Article 16 

Transitional provisions 

Names  entered  in  the  register  provided  for  in  Article  7(6)  of  Regulation  (EC) 
No 510/2006 shall be automatically entered in the register referred to in Article 11 of 
this  Regulation.  The  corresponding  specifications  shall  be  deemed  to  be  the 
specifications referred to in Article 7. Any specific transitional provisions associated 
with such registrations shall continue to apply. 

In order to protect the rights and the legitimate interests of producers or stakeholders 
concerned,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  additional 
transitional rules.  

This  Regulation  shall  apply  without  prejudice  to  any  right  of  coexistence  of 
designations of origin and geographical indications on the one hand, and trade marks 
on the other hand, that applied under Regulation (EC) No 510/2006. 

2. 

3. 

4. 

1. 

2. 

3. 

EN 

31 

   EN 

 
Title III 

TRADITIONAL SPECIALITIES GUARANTEED 

Article 17 

Objective 

A scheme for traditional specialities guaranteed is established in order to assist producers of 
traditional product in marketing and communicating the value adding attributes of the product 
to consumers.  

Article 18 

Criteria 

1. 

A name shall be eligible for registration as a traditional speciality guaranteed where 
it describes a specific processed product that: 

(a) 

results from a mode of production and composition corresponding to traditional 
practice for that product, and 

(b) 

is produced from raw materials or ingredients that are those traditionally used.  

2. 

To be registered, a name shall: 

(a) 

have been traditionally used to refer to the specific product; or 

(b) 

identify the traditional form of the product. 

3. 

4. 

A name may not be registered if it refers only to claims of a general nature used for a 
set of products, or to those provided for by particular Union legislation. 

In  order  to  ensure  a  smooth  functioning  of  the  scheme,  the  Commission  may,  by 
means of delegated acts, further define the eligibility criteria required. 

Article 19 

Product specification 

1. 

To be eligible for a traditional speciality guaranteed, a product shall comply with a 
specification which shall comprise:  

(a) 

the name proposed for registration, in the appropriate linguistic versions; 

EN 

32 

   EN 

 
 
 
(b) 

(c) 

a  description  of 
microbiological  or  organoleptic  characteristics,  showing 
specificity; 

its  main  physical,  chemical, 
the  product's 

the  product 

including 

a  description  of  the  production  method  that  the  producers  must  follow, 
including  the  nature  and  characteristics  of  the  raw  materials  or  ingredients 
used, and the method of preparation of the product; and  

(d) 

the key elements of the product's traditional character. 

2. 

In  order  to  ensure  that  product  specifications  provide  relevant  and  succinct 
information,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  rules  for 
the preparation of a product specification. 

Article 20 

Content of application for registration  

1. 

An  application  for  registration  of  a  name  as  a  traditional  speciality  guaranteed 
referred to in Article 46(2) or Article 46(5) shall comprise: 

(a) 

the name and address of the applicant group; 

(b) 

the product specification as provided for in Article 19. 

2. 

An application dossier referred to in Article 46(4) shall comprise: 

(a) 

the elements referred to in paragraph 1 of this Article, and  

(b) 

a declaration by the Member State that it considers that the application lodged 
by the group and qualifying for the favourable decision meets the conditions of 
this Regulation and the provisions adopted pursuant to it. 

Article 21 

Grounds for opposition 

1. 

A  statement  of  opposition  as  referred  to  in  the  first  sub-paragraph  of  Article  48(1) 
shall be admissible only if it is received by the Commission within the time limit and 
if it:  

(a) 

gives duly substantiated reasons why the proposed registration is incompatible 
with the terms of this Regulation, or 

(b)  gives details of prior use of a name that could be jeopardised by the proposed 

registration. 

2. 

The criteria referred to in point (b) of paragraph 1 shall be assessed in relation to the 
territory of the European Union. 

EN 

33 

   EN 

 
 
Article 22 

Register of traditional specialities guaranteed 

The Commission shall, by means of implementing acts without the assistance of the 
Committee  referred  to  in  Article  54,  establish  and  maintain  updated  a  register  of 
traditional  specialities  guaranteed  recognised  under  this  scheme,  which  shall  be 
publicly accessible. 

The Commission may, by means of implementing acts without the assistance of the 
Committee referred to in Article 54, lay down the form and content of the register. 

Article 23 

Names, symbol and indication 

A name registered as a traditional speciality guaranteed may be used by any operator 
marketing a product conforming to the corresponding specification.  

A Union symbol designed to publicise the traditional specialities guaranteed scheme 
shall be established.  

In  the  case  of  the  products  originating  in  the  Union  marketed  under  a  traditional 
speciality  guaranteed  registered  in  accordance  with  this  Regulation  the  symbol 
referred  to  in  paragraph  2  shall,  without  prejudice  to  paragraph  4,  appear  on  the 
labelling.  

The  symbol  shall  be  optional  on  the  labelling  of  traditional  specialities  guaranteed 
which are produced outside the Union.  

The  symbol  referred  to  in  paragraph  2  may  be  supplemented  or  replaced  by  the 
indication ‘traditional speciality guaranteed’. 

In order to ensure that the appropriate information is communicated to the consumer, 
the Commission shall, by means of delegated acts, define the technical characteristics 
of  the  Union  symbol  as  well  as  rules  on  the  labelling  of  the  products  bearing  the 
name of a traditional speciality guaranteed, including as to the appropriate linguistic 
versions to be used.  

Article 24 

Restriction on use of registered names 

Registered  names  shall  be  protected  against  any  misuse,  imitation  or  evocation,  or 
against any other practice liable to mislead the consumer. 

Member States shall ensure that sales descriptions used at national level do not give 
rise to confusion with names registered. 

1. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

EN 

34 

   EN 

 
 
 
3. 

The  Commission  may,  by  means  of  implementing  acts,  lay  down  rules  for  the 
protection of traditional specialities guaranteed.  

Article 25 

Transitional provisions 

1. 

2. 

3. 

Names registered in accordance with Article 13(2) of Regulation (EC) No 509/2006 
describing  products within  the scope of  this  Title, shall be automatically entered in 
the  register  referred  to  in  Article 22  of  this  Regulation.  The  corresponding 
specifications shall be deemed to be the specifications referred to in Article 19. Any 
specific  transitional  provisions  associated  with  such  registrations  shall  continue  to 
apply.  Such  names  describing  products  falling  outside  the  scope  of  this  Title  may 
continue  to  be  used  under  the  conditions  provided  for  in  Regulation  (EC)  No 
509/2006, until 31 December 2017. 

Names  registered  in  accordance  with  the  requirements  laid  down  in  the  first 
subparagraph of Article 1(1), and in Article 13(1) of Regulation (EC) No 509/2006, 
including  those  registered  pursuant  to  applications  referred  to  in  the  second 
subparagraph of Article 55(1) of this Regulation, may continue to be used under the 
conditions provided for in Regulation (EC) No 509/2006, until 31 December 2017. 

In order to protect the rights and the legitimate interests of producers or stakeholders 
concerned,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  additional 
transitional rules.  

EN 

35 

   EN 

 
Title IV 

OPTIONAL QUALITY TERMS  

Article 26 

Objective 

A  scheme  for  optional  quality  terms  is  established  in  order  to  facilitate  producers  of 
agricultural  product  having  value  adding  characteristics  or  attributes  to  communicate  such 
characteristics  or  attributes  within  the  internal  market,  and  in  particular  to  support  and 
complement specific marketing standards.  

Article 27 

Existing optional quality terms 

1. 

2. 

The optional quality terms covered by this scheme at the date of entry into force of 
this Regulation are listed in Annex II to this Regulation together with the acts laying 
down the terms in question and the conditions of use of those terms.  

The  optional  quality  terms  referred  to  in  paragraph  1  shall  stay  in  force  until 
amended or cancelled pursuant to Article 28.  

Article 28 

Reservation, amendment and cancellation  

In  order  to  take  account  of  the  expectations  of  consumers,  developments  in  scientific  and 
technical  knowledge,  the  situation  in  the  market,  and  developments  in  marketing  standards 
and in international standards, the Commission may, by means of delegated acts: 

(a) 

(b) 

(c) 

reserve an additional optional quality term, laying down its conditions of use, 

amend the conditions of use of an optional quality term, or 

cancel an optional quality term. 

Article 29 

Additional optional quality terms 

1. 

Additional optional quality terms shall meet the following criteria: 

(a) 

the  term  relates  to  a  characteristic  of  a  product,  or  a  farming  or  processing 
attribute, 

EN 

36 

   EN 

 
 
 
 
(b)  use of the term adds value to the product compared with product of a similar 

type, and 

(c) 

product  has  been  placed  on  the  market  having  the  characteristic  or  attribute 
referred to in point (a) identified to consumers in several Member States. 

The Commission shall take account of any relevant international standard. 

Optional  terms  that  describe  technical  product  qualities  for  the  purposes  of 
implementing  compulsory  marketing  standards  and  are  not  intended  to  inform 
consumers about those product qualities shall not be reserved under this scheme. 

In order to take into account the specificities of certain sectors as well as consumer 
expectations,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  detailed 
rules relating to the criteria referred to in paragraph 1.  

Article 30 

Restrictions on use 

An optional quality term may only be used to describe products that conform to the 
corresponding conditions of use. 

Member States shall take appropriate measures to ensure that product labelling does 
not give rise to confusion with optional quality terms. 

The Commission may, by means of implementing acts, lay down rules for the use of 
optional quality terms.  

2. 

3. 

1. 

2. 

3. 

Article 31 

Monitoring 

Member States shall undertake checks, based on a risk analysis, to ensure compliance with the 
requirements  of  this  Title  and,  in  case  of  breaches,  shall  apply  appropriate  administrative 
penalties. 

EN 

37 

   EN 

 
 
Title V 

COMMON PROVISIONS 

Chapter I 

Official controls for protected designations of origin, protected 
geographical indications and traditional specialities guaranteed 

Article 32 

Scope  

The provisions of this Chapter apply in respect of the quality schemes set out in Title II and 
Title III. 

Article 33 

Designation of competent authority 

1. 

2. 

In accordance with Regulation (EC) No 882/2004, Member States shall designate the 
competent  authority  or  authorities  responsible  for  official  controls  carried  out  to 
verify  compliance  with  the  legal  requirements  related  to  the  quality  schemes 
established by this Regulation. 

Procedures  and  requirements  of  Regulation  (EC)  No  882/2004  shall  mutatis 
mutandis apply to the official controls carried out to verify compliance with the legal 
requirement related to the quality schemes for all products covered by Annex I to this 
Regulation.  

The competent authorities referred to in paragraph 1 shall offer adequate guarantees 
of objectivity and impartiality, and shall have at their disposal the qualified staff and 
resources necessary to carry out their functions.  

3. 

Official controls shall cover:  

(a) 

(b) 

verification  of  conformity  of  a  product  with  the  corresponding  product 
specification, and 

surveillance  of  the  use  of  registered  names  to  describe  product  placed  on  the 
market, in conformity with Article 13 for names registered under Title II and in 
conformity with Article 24 for names registered under Title III .  

EN 

38 

   EN 

 
 
 
 
Article 34 

Verification of compliance with product specification 

In respect of protected designations of origin, protected geographical indications and 
traditional specialities guaranteed designating product originating within the Union, 
verification of compliance with the product specification, before placing the product 
on the market, shall be ensured by: 

(a) 

one or more competent authorities referred to in Article 33 of this Regulation 
and/or 

(b)  one  or  more  control  bodies  within  the  meaning  of  point  (5)  of  Article 2  of 
Regulation (EC) No 882/2004 operating as a product certification body. 

The costs of such verification of compliance with the specifications may be borne by 
the operators subject to those controls.  

In  respect  of  the  designations  of  origin,  geographical  indications  and  traditional 
specialities guaranteed designating product originating in a third country, verification 
of compliance with the specifications, before placing the product on the market, shall 
be ensured by: 

(a) 

one or more public authorities designated by the third country, and/or  

(b)  one or more product certification bodies. 

Member States shall make public the name and address of the authorities and bodies 
referred to paragraph 1, and update it periodically. 

The  Commission  shall  make  public  the  name  and  address  of  the  authorities  and 
bodies referred to in paragraph 2 and update it periodically. 

The Commission may, by means of implementing acts without the assistance of the 
Committee referred to in Article 54, define means by which the name and address of 
product certification bodies referred to in paragraphs 1 and 2 shall be made public. 

1. 

2. 

3. 

4. 

Article 35 

Surveillance of the use of the name in the market place 

Member  States  shall  inform  the  Commission  on  the  names  and  addresses  of  the  competent 
authorities referred to in Article 33. The Commission shall make public the name and address 
of those authorities. 

EN 

39 

   EN 

 
 
Article 36 

Delegation to control bodies 

1. 

2. 

Competent authorities may delegate specific tasks related to official controls of the 
quality  schemes  to  one  or  more  control  bodies  in  conformity  with  Article  5  of 
Regulation (EC) No 882/2004.  

Such  control  bodies  shall  be  accredited  in  accordance  with  European  Standard  EN 
45011  or  ISO/IEC  Guide  65  (General  requirements  for  bodies  operating  product 
certification systems). 

3. 

Accreditation referred to in paragraph 2 may only be performed by: 

(a) 

(b) 

a national accreditation body in the Union in accordance with the provisions of 
Regulation (EC) No 765/2008, or  

an  accreditation  body  outside  the  Union  that  is  a  signatory  of  a  multilateral 
recognition  arrangement  under  the  auspices  of  the  International  Accreditation 
Forum. 

1. 

2. 

1. 

3. 

Article 37 

Planning and reporting of control activities  

Member  States  shall  ensure  that  the  control  of  obligations  under  this  Chapter  are 
specifically  included  in  a  separate  section  within  the  multi-annual  national  control 
plans in accordance with Articles 41, 42 and 43 of Regulation (EC) No 882/2004. 

The  annual  reports  concerning  the  control  of  obligations  established  by  this 
Regulation shall include a separate section comprising the information laid down in 
Article 44 of Regulation (EC) No 882/2004.  

Chapter II 

Savings for certain prior uses 

Article 38 

Generic terms 

Without prejudice to Article 13, this Regulation shall not affect the use of terms that 
are generic in the Union, even if the generic term is part of a name that is protected 
under a quality scheme. 

To establish whether or not a term has become generic, account shall be taken of all 
factors, in particular:  

(a) 

the existing situation in the Member States and in areas of consumption; 

EN 

40 

   EN 

 
 
 
 
4. 

1. 

(b) 

the relevant national or Union legal acts. 

In  order  to  fully  protect  the  rights  of  interested  parties,  the  Commission  may,  by 
means of delegated acts, lay down additional rules for determining the generic status 
of names or terms referred to in paragraph 1. 

Article 39 

Plant varieties and animal breeds 

Where  a  name  or  term,  protected  or  reserved  under  a  quality  scheme  described  in 
Title II, Title III, or Title IV contains or comprises the name of a plant variety or of 
an  animal  breed,  this  Regulation  shall  not  prevent  the  placing  on  the  market  of 
product  the  labelling  of  which  includes  the  said  name  of  a  plant  variety  or  animal 
breed, provided that: 

(a) 

the  product  in  question  comprises  or  is  derived  from  the  variety  or  breed 
indicated;  

(b) 

consumers are not misled,  

(c) 

the usage of the name of the variety or breed name constitutes fair competition, 

(d) 

the usage does not exploit the reputation of the protected term, and 

(e) 

in  the  case  of  the  quality  scheme  described  in  Title  II,  production  and 
marketing of product of the variety or breed under the said name had evaded its 
area  of  origin  prior  to  the  date  of  application  for  registration  of  the 
geographical indication. 

2. 

In  order  to  further  clarify  the  extent  of  rights  and  freedoms  of  food  business 
operators  to  use  the  name  of  a  plant  variety  or  of  an  animal  breed  referred  to  in 
paragraph  1,  the  Commission  may,  by  means  of  delegated  acts,  lay  down  rules  for 
determining the use of such names. 

Article 40 

Relation to intellectual property 

The  quality  schemes  described  in  Titles  III  and  IV  shall  apply  without  prejudice  to  Union 
rules  or  those  of  Member  States  governing  intellectual  property  and  in  particular  those 
concerning designations of origin and geographical indications, and trade marks.  

EN 

41 

   EN 

 
 
Chapter III 

Quality scheme indications and symbols and role of producers 

Article 41 

Protection of indications and symbols  

1. 

2. 

Indications, abbreviations and symbols referring to the quality schemes may only be 
used in the labelling of product produced in conformity with the rules of the quality 
scheme to which they apply. This applies in particular to the following indications, 
abbreviations and symbols: 

(a) 

indication’, 
‘protected  designation  of  origin’, 
‘geographical  indication’,  ‘PDO’,  ‘PGI’,  and  the  associated  symbols,  as 
provided for in Title II; 

‘protected  geographical 

(b) 

‘traditional  speciality  guaranteed’,  ‘TSG’,  and  the  associated  symbol,  as 
provided for in Title III. 

In  accordance  with  Article  5  of  Regulation  (EC)  No  1290/2005,  the  European 
Agricultural  Fund  for  Rural  Development  (EAFRD)  may  finance  on  a  centralised 
basis  on  the  initiative  of  the  Commission  or  on  its  behalf,  administrative  support 
concerning the development, preparatory work, monitoring, administrative and legal 
support, legal defence, registration fees, renewal fees, mark watching fees, litigation 
fees  and  any  other  related  measure  required  to  protect  the  use  of  the  indications, 
abbreviations  and  symbols  referring  to  the  quality  schemes  from  misuse,  imitation, 
evocation or any other practice liable to mislead the consumer, within the Union and 
in third countries. 

3. 

The Commission shall adopt, by means of implementing acts, rules for the uniform 
protection of the indications, abbreviations and symbols referred to in paragraph 1. 

Article 42 

Role of groups 

Without  prejudice  to  specific  provisions  on  producer  organisations  and  inter-branch 
organisations as laid down in Regulation (EC) No 1234/2007, a group is entitled to: 

(a) 

(b) 

contribute to ensuring that the quality of their products is guaranteed on the market 
by  monitoring  the  use  of  the  name  in  trade  and,  if  necessary,  informing  competent 
authorities as referred to in Article 33, within the framework of Article 13(3);  

develop  information  and  promotion  activities  aiming  at  communicating  the  value 
adding attributes of the product to consumers; 

(c) 

develop activities related to ensuring compliance of a product with its specification;  

EN 

42 

   EN 

 
 
 
 
(d) 

take  action  to  improve  the  performance  of  the  scheme,  including  developing 
economic  expertise,  carrying  out  economic  analyses,  disseminating  economic 
information on the scheme and providing advice to producers.  

Article 43 

Right to use the schemes  

1. 

2. 

3. 

Member States shall ensure that any operator complying with the rules of Title II and 
III is entitled to be covered by a control system, as referred to in Article 34.  

Operators  preparing  and  storing  a  traditional  speciality,  protected  designation  of 
origin or protected geographical indication or who places such traditional speciality 
guaranteed, protected designation of origin and protected geographical indication on 
the market shall also be subject to the system of controls as referred to in Chapter I of 
this Title.  

Member States shall ensure that operators willing to adhere to the rules of a quality 
scheme  set  out  in  Titles  III  and  IV  are  able  to  do  so  and  do  not  face  obstacles  to 
participation that are discriminatory or otherwise not objectively founded. 

Article 44 

Fees 

Without prejudice to Regulation (EC) No 882/2004 and in particular the provisions of Chapter 
VI of Title II thereof, Member States may charge a fee to cover their costs of managing the 
quality schemes, including those incurred in processing applications, statements of opposition, 
applications for amendments and requests for cancellations provided for in this Regulation. 

Chapter IV 

Application and registration processes for designations of origin, 
geographical indications, and traditional specialities guaranteed 

Article 45 

Scope of application processes 

The provisions of this Chapter apply in respect of the quality schemes set out in Title II and 
Title III. 

EN 

43 

   EN 

 
 
 
Article 46 

Application for registration of names 

1. 

Applications  for  registration  of  names  under  the  quality  schemes  referred  to  in 
Article 45 may only be submitted by groups. 

Under exceptional conditions, a natural or legal person may be treated as a group.  

In order to avoid any disproportionate requirements, the Commission may, by means 
of  delegated  acts,  define  the  exceptional  conditions  referred  to  in  the  second 
subparagraph. 

Where the application under the scheme set out in Title II relates to a geographical 
area  in  a  Member  State,  or  an  application  under  the  scheme  set  out  in  Title  III  is 
prepared  by  a  group  established  in  a  Member  State,  the  application  shall  be 
addressed to the authorities of that Member State.  

The Member State shall scrutinize the application by appropriate means to check that 
it is justified and meets the conditions of the respective scheme. 

As  part  of  the  scrutiny  referred  to  in  the  second  subparagraph,  the  Member  State 
shall  initiate  a  national  opposition  procedure  ensuring  adequate  publication  of  the 
application and providing for a reasonable period within which any natural or legal 
person  having  a  legitimate  interest  and  established  or  resident  on  its  territory  may 
lodge an opposition to the application. 

If, after assessment of any opposition received, the Member State considers that the 
requirements of this Regulation are met, it may take a favourable decision and lodge 
an application dossier with the Commission. 

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

Where the application under the scheme set out in Title II relates to a geographical 
area  in  a  third  country,  or  an  application  under  the  scheme  set  out  in  Title  III  is 
prepared  by  a  group  established  in  a  third  country,  the  application  shall  be  lodged 
with  the  Commission,  either  directly  or  via  the  authorities  of  the  third  country 
concerned. 

The documents referred to in this Article sent to the Commission shall be in one of 
the official languages of the Union. 

In order to facilitate the application process and better clarify the form and content of 
applications, including applications concerning more than one national territory, the 
Commission may, by means of delegated acts, lay down the necessary rules. 

2. 

3. 

4. 

5. 

6. 

7. 

EN 

44 

   EN 

 
Article 47 

Scrutiny by the Commission and publication for opposition 

The  Commission  shall  scrutinise  by  appropriate  means  an  application  received 
pursuant  to  Article 46,  to  check  that  it  is  justified  and  meets  the  conditions  of  the 
respective scheme. This scrutiny should not exceed a period of six months.  

The Commission shall, by means of implementing acts without the assistance of the 
Committee  referred  to  in  Article  54,  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. 

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, by means of implementing acts without the assistance of 
the  Committee  referred  to  in  Article  54,  publish  in  the  Official  Journal  of  the 
European Union:  

(a) 

for applications under the scheme set out in Title II, the single document and 
the reference to the publication of the product specification; 

(b) 

for applications under the scheme set out in Title III, the specification. 

Article 48 

Opposition procedure 

Within  two  months  from  the  date  of  publication  in  the  Official  Journal  of  the 
European Union, a statement of opposition may be lodged to the Commission by the 
authorities  of  a  Member  State  or  of  a  third  country,  or  a  natural  or  legal  person 
having a legitimate interest and established in a third country.  

Any natural or legal person having a legitimate interest, established or resident in a 
Member State other than that from which the application was submitted, may lodge a 
statement of opposition to the Member State in which it is established within a time 
limit permitting an opposition in accordance with paragraph 1. 

The Commission shall check the admissibility of statements of oppositions. 

Where  statement  of  opposition  is  admissible,  the  Commission  shall  invite  the 
authority or person that lodged the opposition and the authority or body that lodged 
the  application  to  engage  in  appropriate  consultations  for  a  reasonable  period  that 
shall not exceed three months.  

Where following the appropriate consultations referred to in paragraph 3, the details 
published  in  accordance  with  Article  47(2)  have  been  substantially  amended,  the 
Commission shall repeat the scrutiny referred to in Article 47(1). 

The  statement  of  opposition  and  the  related  documents  sent  to  the  Commission  in 
accordance  with  paragraphs  1  to  4  shall  be  in  one  of  the  official  languages  of  the 
Union. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

EN 

45 

   EN 

 
 
6. 

In order to establish clear procedures and deadlines for opposition, the Commission 
shall, by means of delegated acts, lay down rules for the opposition process.  

Article 49 

Decision on registration 

1. 

2. 

3. 

Where,  on  the  basis  of  the  information  available  to  the  Commission,  following  the 
scrutiny  carried  out  pursuant  to  the  first  subparagraph  of  Article  47(1),  the 
Commission  considers  that  the  conditions  for  registration  are  not  met,  it  shall  by 
means  of  implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article 54, decide to reject the application. 

If  the  Commission  receives  no  admissible  opposition  under  Article  48,  it  shall,  by 
means  of  implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article 54, register the name. 

If  the  Commission  receives  an  admissible  opposition,  it  shall,  following  the 
appropriate  consultations  referred  to  in  Article  48(3),  and  taking  into  account  the 
results of those consultations, either:  

(a) 

in  case  an  agreement  has  been  reached,  register  the  name  by  means  of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article  54,  and,  if  need  be,  amend  the  information  published  pursuant  to 
Article 47(2) provided such amendments are not substantial or,  

(b) 

in  case  an  agreement  has  not  been  reached,  take  a  decision  by  means  of 
implementing acts.  

4. 

Acts  of  registration  and  decisions  on  rejection  shall  be  published  in  the  Official 
Journal of the European Union. 

Article 50 

Amendment to a product specification 

1. 

2. 

A group having a legitimate interest may apply for approval of an amendment to a 
product specification. 

Applications shall describe and give reasons for the amendments requested. 

Where the amendment involves one or more amendments to the specification that are 
not  minor,  the  amendment  application  shall  follow  the  procedure  laid  down  in 
Articles 46, 47, 48 and 49.  

However, if the proposed amendments are minor, the Commission shall, by means of 
implementing acts without the assistance of the Committee referred to in Article 54, 
approve or reject the application. In case of approval, it shall publish in the Official 
Journal of the European Union the elements referred to in Article 46(2).  

EN 

46 

   EN 

 
 
3. 

1. 

An amendment may not be considered minor if it concerns a change to the registered 
name or if it increases restrictions on the operation of the single market.  

In  order  to  facilitate  the  administrative  process  of  an  amendment  application,  the 
Commission shall, by means of delegated acts, lay down the definition and scope of 
minor amendments, as well as the form and content of an amendment application.  

Article 51 

Cancellation 

The  Commission  may,  on  its  own  initiative  or  on  request  of  any  natural  or  legal 
person  having  a  legitimate  interest,  by  means  of  implementing  acts,  cancel  the 
registration  of  a  protected  designation  of  origin  or  of  a  protected  geographical 
indication or of a traditional speciality guaranteed in the following cases: 

(a) 

compliance with the conditions of the specification is not ensured,  

(b)  no product is placed on the market under the traditional speciality guaranteed, 
the protected designation of origin or the protected geographical indication for 
at least five years. 

The Commission may, at the request of the producers of product marketed under the 
registered name, cancel the corresponding registration.  

2. 

In order to define clear procedures and to ensure that all parties have the opportunity 
to  defend  their  rights  and  legitimate  interests,  the  Commission  shall,  by  means  of 
delegated acts, lay down rules regarding the cancellation process. 

EN 

47 

   EN 

 
Title VI 

PROCEDURAL AND FINAL PROVISIONS 

Chapter I  

Procedural rules 

Article 52 

Commission powers 

Where  powers  are  conferred  upon  the  Commission,  it  shall  act  in  accordance  with  the 
procedure referred to in Article 53 in the case of delegated acts, and in accordance with the 
procedure  referred  to  in  Article  54  in  the  case  of  implementing  acts,  save  where  explicitly 
provided otherwise in this Regulation. 

Article 53 

Delegated acts 

1. 

2. 

The  powers  to  adopt  the  delegated  acts  referred  to  in  this  Regulation  shall  be 
conferred on the Commission for an indeterminate period of time.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

The delegation of powers referred to in paragraph 1 may be revoked at any time by 
the European Parliament or by the Council.  

The institution which has commenced an internal procedure for deciding whether to 
revoke  the  delegation  of  powers  shall  inform  the  other  legislator  and  the 
Commission,  at  least  one  month  before  the  final  decision  is  taken,  indicating  the 
delegated  powers  which  could  be  subject  to  revocation  and  possible  reasons  for  a 
revocation. 

The decision of revocation shall put an end to the delegation of the powers specified 
in that decision. It shall take effect immediately or at a later date specified therein. It 
shall  not  affect  the  validity  of  the  delegated  acts  already  in  force.  It  shall  be 
published in the Official Journal of the European Union. 

3. 

The  European  Parliament  and  the  Council  may  object  to  a  delegated  act  within  a 
period of two months from the date of notification. At the initiative of the European 
Parliament or the Council this period shall be extended by two months. 

EN 

48 

   EN 

 
 
 
 
If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council  has 
objected  to  the  delegated  act,  it  shall  be  published  in  the  Official  Journal  of  the 
European Union and shall enter into force at the date stated therein. 

The  delegated  act  may  be  published  in  the  Official  Journal  of  the  European  Union 
and enter into force before the expiry of that period if the European Parliament and 
the  Council  have  both  informed  the  Commission  of  their  intention  not  to  raise 
objections. 

If  the  European  Parliament  or  the  Council  raises  objections  in  respect  of  the 
delegated act, it shall not enter into force. The institution which has raised objections 
to the delegated act shall state the reasons therefore. 

Article 54 

Implementing acts 

[Where implementing acts are adopted pursuant to this Regulation, the Commission shall be 
assisted by the Agricultural Product Quality Policy Committee and the procedure provided for 
in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of 
the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently 
the subject of discussion by the European Parliament and the Council) shall apply.] 

Chapter II 

Repeal and final rules 

Article 55 

Repeal 

1. 

Regulations (EC) No 509/2006 and (EC) No 510/2006 are hereby repealed. 

However, Article 1(1) and Article 13 of Regulation (EC) No 509/2006 shall continue 
to  apply  in  respect  of  applications  concerning  products  falling  outside  the  scope  of 
Title  III,  received  by  the  Commission  prior  to  the  date  of  entry  into  force  of  this 
Regulation.  

2. 

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

EN 

49 

   EN 

 
 
 
Article 56 

Entry into force 

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

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

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

50 

   EN 

 
ANNEX I 

Products referred to in Article 2(1) 

I. 

DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

beer, 

chocolate and derived products,  

bread, pastry, cakes, confectionery, biscuits and other baker's wares, 

beverages made from plant extracts, 

pasta, 

salt, 

natural gums and resins, 

mustard paste, 

hay, 

essential oils,  

cork, 

cochineal, 

flowers and ornamental plants, 

cotton, 

wool, 

wicker, 

scutched flax. 

II. 

TRADITIONAL SPECIALITIES GUARANTEED 

– 

– 

– 

– 

prepared meals, 

beer, 

chocolate and derived products,  

bread, pastry, cakes, confectionery, biscuits and other baker's wares,  

EN 

51 

   EN 

– 

– 

beverages made from plant extracts, 

pasta.  

EN 

52 

   EN 

ANNEX II 

Optional quality terms 

Product category 
(reference to Combined 
Nomenclature classification) 

Optional quality term 

Act defining the term and 
conditions of use 

poultry meat 

fed with 

(CN 0207, CN 0210) 

extensive indoor / barn-reared 

Regulation (EC) No 543/2008 
Article 11 

eggs 

(CN 0407) 

honey 

(CN 0409) 

olive oil 

(CN 1509) 

free range 

traditional free range 

free range – total freedom 

age at slaughter 

length of fattening period 

fresh 

extra or extra fresh 

indication on how laying hens 
are fed 

Regulation (EC) No 589/2008, 
Article 12 

Regulation (EC) No 589/2008, 
Article 14 

Regulation (EC) No 589/2008, 
Article 15 

floral or vegetable origin 

Directive 2001/110/EC, Article 2 

Regulation (EC) No 1019/2002, 
Article 5 

regional origin 

territorial origin 

topographical origin 

specific quality criteria 

first cold pressing 

cold extraction 

acidity  

pungent 

fruity: ripe or green 

bitter 

intense 

medium 

light 

well balanced 

mild oil 

milk and milk products  

traditional butter 

(CN 04) 

spreadable fats 

(CN 0405 and ex 2106, CN ex 
1517, CN ex 1517 and ex 2106) 

reduced fat 

Regulation (EC) No 1234/2007, 
Article 115 & Annex XV 

EN 

53 

   EN 

ANNEX III 

Correlation Table referred to in Article 55(3) 

 
 
1. 

REGULATION (EC) NO 509/2006 

Regulation (EC) No 509/2006 

This Regulation 

Article 1(1)  

Article 1(2) 

Article 1(3) 

Article 2(1)  

Article 2(3)  

Article 2(4) 

Article 2(1) point (a) 

Article 3(6)  

Article 2(1) point (b) 

Article 3(4)  

Article 2(1) point (c) 

- 

Article 2(1) point (d) 

Article 3(3)  

Article 2(2), first to third 
subparagraph 

- 

Article 2(2) fourth 
subparagraph 

Article 46(1) 

Article 3 

Article 22(1) first subparagraph 

Article 4(1) first subparagraph   Article 18(1) 

Article 4(2)  

Article 18(2) 

Article 4(3) first subparagraph 

- 

Article 4(3) second 
subparagraph 

Article 5(1) 

Article 5(2) 

Article 6(1)  

Article 18(3) 

Article 40(1) 

Article 39(1) and Article 40(2) 

Article 19(1)  

Article 6(1) point (a) 

Article 19(2) point (a) 

Article 6(1) point (b) 

Article 19(2) point (b) 

Article 6(1) point (c) 

Article 19(2) point (c) 

Article 6(1) point (d) 

- 

Article 6(1) point (e) 

Article 19(2) point (d) 

 
 
 
Article 6 (1), point f) 

- 

Article 7(1) and (2) 

Article 46(1) 

Article 7(3), point a) and b) 

Article 20(1) , point a)and b) 

Article 7 (3), point c) 

Article 7 (3), point d) 

- 

- 

Article 7(4) 

Article 7(5) 

Article 46(2) 

Article 46(3) 

Article 7(6), points (a) to c) 

Article 46(4)  

Article 7(6) point (d) 

Article 20(2) 

Article 7(7) 

Article 7(8) 

Article 8(1)  

Article 46(5) 

Article 46(6) 

Article 47(1) 

Article 8 (2), first subparagraph  Article 47(2), second indent 

Article 8(2) second 
subparagraph 

Article 49(1) 

Article 9(1) and (2) 

Article 48(1) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

Article 9(6) 

Article 10 

Article 11 

Article 12  

Article 13(1) 

Article 13(2) 

Article 13(3) 

Article 21(1) and (2) 

Article 49(2) 

Article 49(3) and (4) 

Article 48(5) 

Article 51 

Article 50 

Article 23 

- 

Article 23(1) 

- 

Article 14(1)  

Article 33(1) 

 
 
Article 14(2) 

Article 14(3) 

Article 43(1) 

Article 34(3), second 
subparagraph 

Article 15(1), first indent 

Article 33(3) point (a) and 
Article 34 (1) 

Article 15(1) second indent  

Article 36(1) 

Article 15(2) 

Article 15(3) 

Article 15(4) 

Article 16 

Article 34(2) 

Article 36(2) 

Article 33(2) 

- 

Article 17(1) and (2) 

Article 24(1) 

Article 17(3) 

Article 18 

Article 24(2) 

Article 54 

Article 19(1) point (a) 

Article 19(3)  

Article 19(1) point (b) 

Article 46(8) 

Article 19(1) point (c) 

Article 46(8) 

Article 19(1) point (d) 

Article 22(2) 

Article 19(1) point (e) 

Article 21(3) 

Article 19 (1) point f) 

Article 51 (2) 

Article 19(1) point (g) 

Article 23(5) 

Article 19(1) point (h) 

Article 50(3) 

Article 19(1) point (i) 

- 

Article 19(2)  

Article 25(1) 

Article 19(3) point (a) 

-  

Article 19(3) point (b) 

Article 25(2) 

Article 20 

Article 21 

Article 22 

Article 44 

Article 55 

Article 56 

 
 
Annex I  

Annex I  

 
 
 
2. 

REGULATION (EC) NO 510/2006 

Regulation (EC) No 510/2006  This Regulation 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 2 

Article 2(1) and Article 2(2) 

Article 2(3)  

Article 2(4) 

Article 5 

Article 3(1) first subparagraph  Article 6 (1) 

Article 3(1) second and third 
subparagraph 

Article 38(1), (2) and (3) 

Article 3 (2), (3) and (4) 

Article 6 (2), (3) and (4) 

Article 4 

Article 5(1) 

Article 5(2) 

Article 5(3)  

Article 5(4) 

Article 5(5) 

Article 5(6) 

Article 5(7) 

Article 5(8) 

Article 5(9) 

Article 7 

Article 3(3) and Article 46(1) 

Article 46(1) 

Article 8(1) 

Article 46(2) 

Article 46(3) 

Article 9 and Article 15(3) 

Article 8(2) 

- 

Article 8(1), second 
subparagraph 

Article 5(10) 

Article 46(6) 

Article 6(1) first subparagraph  Article 47(1) 

Article 6 (2) first subparagraph  Article 47(2), first indent 

Article 6(2) second 
subparagraph 

Article 7(1) 

Article 7 (2) 

Article 7(3) 

Article 7(4) 

Article 7(5) 

Article 49(1) 

Article 48(1), first 
subparagraph 

Article 48(1), second 
subparagraph 

Article 10 

Article 49(2) and Article 49 (4) 

Article 49(3) and (4) and 
Article 48(4) 

Article 7(6) 

Article 11  

 
 
Article 7(7) 

Article 8 

Article 9 

Article 10(1)  

Article 10(2) 

Article 10(3) 

Article 11(1) first indent 

Article 11(1) second indent  

Article 11(2) 

Article 11(3) 

Article 11(4) 

Article 12 

Article 13(1)  

Article 13(2) 

Article 13(3)  

Article 13(4) 

Article 14 

Article 15 

Article 16 point a) 

Article 16 point b) 

Article 16 point c) 

Article 16 point d) 

Article 16 point e) 

Article 16 point f) 

Article 16 point g) 

Article 16 point h) 

Article 16 point i) 

Article 16 point j) 

Article 16 point k) 

Article 17 

Article 48(5)  

Article 12 

Article 50 

Article 33(1) 

Article 43(1) 

Article 34(3) second 
subparagraph 

Article 33(3) point (a) and 
Article 34(1) 

Article 36(1) 

Article 34(2) 

Article 36(2) 

Article 33(2) 

Article 51 

Article 13(1) 

Article 13(2) 

Article 15 (1) 

Article 15(2) 

Article 14 

Article 54 

Article 5(3) 

Article 7(3) 

Article 46(7) 

Article 46(8) 

- 

Article 48(6) 

Article 12(5) 

Article 50(3) 

Article 11(4) 

- 

Article 51(2) 

Article 16 

 
 
Article 18 

Article 19 

Article 20 

Annex I and Annex II 

Article 44 

Article 55 

Article 56 

Annex I  

 
 
 
 
 
1. 

2. 

3. 

4. 

5. 

5.0 

FINANCIAL STATEMENT 

BUDGET HEADING: 
05 04 05 02 

CM/JGS/tm/10/717666 
Rev1  
6.0.2010.1 
DATE: 24/11/2010 
APPROPRIATIONS: 
CA 22.5 mioeuro 
CP 9 mioeuro 

TITLE: 
Proposal for a Regulation of the European Parliament and of the Council on agricultural product quality 
schemes. 
LEGAL BASIS: 
Art 43 (2) of the Treaty on the functioning of the European Union  
AIMS: 
To put in place a coherent agricultural product quality policy aimed at assisting farmers to better 
communicate the qualities, characteristics and attributes of agricultural products to consumers. 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
2010 
(EUR million) 
- 

FOLLOWING 
FINANCIAL 
YEAR 
2011 
(EUR million) 
- 

CHARGED TO THE EC BUDGET

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
CA 0.150 
CP 0.150 

5.1  REVENUE 

- 

- 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

ESTIMATED EXPENDITURE 

5.0.
1 
5.1.
1 
5.2  METHOD OF CALCULATION: 

ESTIMATED REVENUE 

2012 
CA 0.110 
CP 0.110 

2013 
CA 0.150 
CP 0.150 

2014 
CA 0.150 
CP 0.150 

2015 
CA 0.150 
CP 0.150 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

YES NO 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

YES NO 

THE CURRENT BUDGET? 

YES NO 
6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
YES NO 
OBSERVATIONS: The initial estimate of appropriations necessary for measures in Article 46(3) in particular 
for the registration and defence of logos, indications and abbreviations in 3rd countries amounts to EUR 110 
000 in 2012 and EUR 150 000 annually as from 2013. The funding foreseen in 2014 and 2015 is subject to the 
availability of appropriations in these years