Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2022/0115(COD)**

**INFORMATION NOTE**

From: General Secretariat of the Council

**Brussels, 13 September 2023**
**(OR. en)**

**12853/23**

**CODEC 1577**
**COMPET 857**
**PI 138**
**IND 460**
**AGRI 503**
**PE 105**

To: Permanent Representatives Committee/Council

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on geographical indication protection for craft and
industrial products and amending Regulations (EU) 2017/1001 and (EU)
2019/1753 of the European Parliament and of the Council and Council
Decision (EU) 2019/1754

          - Outcome of the European Parliament's first reading

(Strasbourg, 11 to 14 September 2023)

**I.** **INTRODUCTION**

In accordance with the provisions of Article 294 of the TFEU and the Joint declaration on practical

arrangements for the codecision procedure **[1]**, a number of informal contacts have taken place

between the Council, the European Parliament and the Commission with a view to reaching an

agreement on this file at first reading.

In this context, the Chair of the Committee on Legal Affairs (JURI), Adrián VÁZQUEZ LÁZARA

(Renew Europe, ES), presented on behalf of JURI a compromise amendment (amendment number

210) to the abovementioned proposal for a Regulation, for which Marion WALSMANN (EPP, DE)

had prepared a draft report. This amendment had been agreed during the informal contacts referred

to above. No other amendments were tabled.

**1** OJ C 145, 30.6.2007, p. 5.

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**II.** **VOTE**

When it voted on 12 September 2023, the plenary adopted the compromise amendment (amendment

number 210) to the abovementioned proposal for a Regulation. The Commission's proposal as thus

amended constitutes the Parliament's first-reading position which is contained in its legislative

resolution as set out in the Annex hereto **[2]** .

The Parliament's position reflects what had been previously agreed between the institutions. The

Council should therefore be in a position to approve the Parliament's position.

The act would then be adopted in the wording which corresponds to the Parliament's position.

**2** The version of the Parliament's position in the legislative resolution has been marked up to
indicate the changes made by the amendments to the Commission's proposal. Additions to the
Commission's text are highlighted in _**bold and italics.**_ The symbol " ▌" indicates deleted text.

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**ANNEX**

**(12.9.2023)**

## **P9_TA(2023)0305** **Geographical indication protection for craft and industrial products**

**European Parliament legislative resolution of 12 September 2023 on the proposal for a**
**regulation of the European Parliament and of the Council on geographical indication**
**protection for craft and industrial products and amending Regulations (EU) 2017/1001 and**
**(EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU)**
**2019/1754 (COM(2022)0174 – C9-0148/2022 – 2022/0115(COD))**

**(Ordinary legislative procedure: first reading)**

_The European Parliament_,

–
having regard to the Commission proposal to Parliament and the Council (COM(2022)0174),

–
having regard to Article 294(2) and Articles 118(1) and 207(2) of the Treaty on the
Functioning of the European Union, pursuant to which the Commission submitted the
proposal to Parliament (C9-0148/2022),

–
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–
having regard to the opinion of the European Economic and Social Committee of 21
September 2022 **[1]**,

– having regard to the opinion of the Committee of the Regions of 11 October 2022 **[2]**,

–
having regard to the provisional agreement approved by the committee responsible under
Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative
by letter of 24 May 2023 to approve Parliament’s position, in accordance with Article 294(4)
of the Treaty on the Functioning of the European Union,

–
having regard to Rules 59 of its Rules of Procedure,

–
having regard to the opinions of the Committee on International Trade and the Committee on
the Internal Market and Consumer Protection,

–
having regard to the report of the Committee on Legal Affairs (A9-0049/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially
amends or intends to substantially amend its proposal;

**1** OJ C 486, 21.12.2022, p. 129.
**2** OJ C 498, 30.12.2022, p. 57.

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3. Instructs its President to forward its position to the Council, the Commission and the national

parliaments.

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**P9_TC1-COD(2022)0115**

**Position of the European Parliament adopted at first reading on 12 September 2023 with a**

**view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the**

**Council on the protection of geographical indications for craft and industrial products and**

**amending Regulations (EU) 2017/1001 and (EU) 2019/1753 ▌**

(Text with EEA relevance)

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

_**118, first paragraph**_ and Article 207(2) 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 Committee [1],

Having regard to the opinion of the Committee of the Regions [2],

Acting in accordance with the ordinary legislative procedure [3],

**1** OJ C 486, 21.12.2022, p. 129.
**2** OJ C 498, 30.12.2022, p. 57.
**3** Position of the European Parliament of 12 September 2023.

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Whereas:

(1) On 10 November 2020, the Council adopted conclusions on intellectual property policy

indicating that it was ready to consider the introduction of a system for specific protection

of _**geographical indications**_ for non-agricultural products, on the basis of a thorough

impact assessment of its potential costs and benefits.

(2) In its Communication of 25 November 2020 entitled ‘Making the most of the EU’s

–
innovative potential An intellectual property action plan to support the EU’s recovery

and resilience’, the Commission committed itself to considering, on the basis of an impact

assessment, whether to propose a Union protection system for non-agricultural

geographical indications .

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_**(3)**_ _**In its Resolution of 11 November 2021 on an intellectual property action plan to support**_

_**the EU’s recovery and resilience, the European Parliament highlighted the fact that the**_

_**recognition of geographical indications for non-agricultural products is relevant for the**_

_**priorities of the Union programmes currently in development, underlining its support for**_

_**the Commission’s initiative to establish, on the basis of a thorough impact assessment,**_

_**effective and transparent protection at Union level for geographical indications for non-**_

_**agricultural products, in order to align with, inter alia, the Geneva Act of the Lisbon**_

_**Agreement on Appellations of Origin and Geographical Indications**_ _**[4]**_ _**(‘the Geneva Act’)**_

_**which provides for the possibility of protecting geographical indications for both**_

_**agricultural and non-agricultural products.**_

**4** _**OJ L 271, 24.10.2019, p. 15.**_

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_**(4)**_ _**In order for the Union to be able to exercise fully its exclusive competence in relation to**_

_**the common commercial policy, and in full compliance with its commitments under the**_

_**Agreement on Trade-Related Aspects of Intellectual Property Rights ('TRIPS**_

_**Agreement') of the World Trade Organization (WTO), on 26 November 2019, in**_

_**accordance with Council Decision (EU) 2019/1754**_ _**[5]**_ _**, the Union acceded to the Geneva**_

_**Act, which is administered by the World Intellectual Property Organization (WIPO).**_

_**The Geneva Act offers a means of obtaining protection for geographical indications,**_

_**regardless of the nature of the goods to which they apply, and therefore includes craft**_

_**and industrial products. In order to fully comply with those international obligations,**_

_**ensuring that there is uniform recognition and protection throughout the Union for**_

_**geographical indications for craft and industrial products is a priority for the Union.**_

**5** Council Decision (EU) 2019/1754 of 7 October 2019 on the accession of the European
Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and
Geographical Indications (OJ L 271, 24.10.2019, p. 12).

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(5) For many years, protection of geographical indications has been established at Union level

for wines [6] and spirit drinks [7], ▌as well as agricultural products and foodstuffs, including

aromatised wines _**[8]**_ _**▌**_ . It is appropriate to provide Union protection for geographical

indications for products falling outside the scope of existing Union law, while ensuring

convergence. That protection should be aimed at encompassing a large variety of craft and

industrial products, such as natural stones, _**woodwork,**_ jewellery, textiles, lace, cutlery,

glass _**,**_ porcelain _**, and hides and skins**_ . _**The introduction of such a system for the**_

_**protection of geographical indications for craft and industrial products would bring**_

_**benefits for consumers, by improving awareness in relation to the authenticity of**_

_**products. It would also have a positive economic impact on micro- and small and**_

_**medium-sized enterprises (MSMEs) by strengthening competitiveness, and it would have**_

_**a general positive impact on employment, development and tourism in rural and less**_

_**developed regions. Furthermore, such a system would also facilitate access to third-**_

_**country markets through trade agreements with the Union and would achieve the full**_

_**potential of geographical indications for craft and industrial products.**_

**6** _**Regulation (EU**_ **)** _**No 1308/2013**_ _**of the European Parliament and of the Council of**_ **17**
_**December 2013 establishing a common organisation of the markets in agricultural products and repealing**_
_**Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ**_
_**L 347, 20.12.2013, p. 671)**_ .
**7** Regulation (EU) _**2019/787**_ of the European Parliament and of the Council of 17 _**April 2019 on**_
_**the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks**_
_**in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit**_
_**drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing**_
_**Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1)**_ _**.**_
**8** Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21
November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343,
14.12.2012, p. 1).

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(6) Several Member States have national systems for the protection of geographical

indications for craft and industrial products. Those systems differ in terms of the scope of

protection, administration and fees, and do not offer protection beyond the national

territory. Other Member States do not provide for the protection of geographical

indications for craft and industrial products at national level. That _**fragmented and**_

complex landscape of various protection systems at Member _**State**_ level might result in

increased costs and legal uncertainty for producers and be a disincentive to invest in ▌

traditional crafts in the Union. _**The existence of a harmonised Union protection system is**_

_**essential for creating the legal certainty necessary for all stakeholders, and for**_

_**preventing infringements of intellectual property rights in relation to craft and industrial**_

_**products, thereby allowing the Union to better protect its interests, including at**_

_**international level.**_

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_**(7)**_ _**Making products which are strongly linked to a specific geographical area often depends**_

_**on local know-how and is often based on the use of local production methods that are**_

_**rooted in the cultural and social heritage of the home region of such products. Efficient**_

_**intellectual property protection has the potential to contribute to increased profitability**_

_**and attractiveness for traditional craft professions. Specific protection of geographical**_

_**indications is recognised, so as to safeguard and develop cultural heritage in the**_

_**agricultural and craft and industrial sectors. Therefore, efficient procedures should be**_

_**established for the registration at Union level of geographical indications for craft and**_

_**industrial products, which take into account local and regional specificities. The system**_

_**for the protection of geographical indications for craft and industrial products provided**_

_**for in this Regulation should ensure that production and marketing traditions are**_

_**maintained and enhanced.**_

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(8) _**Uniform**_ protection throughout the Union for intellectual property rights related to

geographical indications can create incentives for the production of quality products,

contribute _**to the fight against counterfeiting, ensure**_ the wide availability of quality

products for consumers and contribute to the creation of valuable and sustainable jobs,

including in rural and less-developed regions _**, which would help counter depopulation**_

_**trends**_ . In particular, in view of the potential of such protection to contribute to the creation

of sustainable and highly-skilled jobs in rural and less developed regions, producers should

aim at creating a substantial proportion of the value of the product designated by a

geographical indication within the defined geographical area. _**The requirements that a**_

_**given quality, reputation or other characteristic of a product is to be essentially**_

_**attributable to its geographical origin and that the product is to originate in a defined**_

_**geographical area, as established in this Regulation, reinforce the understanding that a**_

_**substantial proportion of the value of the product designated by the geographical**_

_**indication is to be created inside the given geographical area. Those requirements**_

_**should ensure that only products with a strong link to the geographical area can benefit**_

_**from the protection provided for in this Regulation.**_

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(9) It is therefore necessary _**to**_ ensure fair competition for producers of craft and industrial

products in the internal market; _**to ensure**_ that reliable information pertaining to such

products is available to consumers; _**to**_ safeguard and develop cultural heritage and

traditional know-how; _**to**_ ensure ▌ that geographical indications for craft and industrial

products are registered efficiently _**, at both**_ Union and ▌ international level; _**to**_ provide for

▌ effective _**controls and**_ enforcement in relation to _**geographical indications for craft and**_

_**industrial products throughout**_ the internal market, _**including in electronic commerce;**_

and _**to establish a**_ link with the international registration and protection system based on

the Geneva Act.

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(10) The tasks assigned by this Regulation to Member _**State**_ authorities, the Commission and

the European Union Intellectual Property Office established by Regulation (EU)

2017/1001 of the European Parliament and of the Council _**[9]**_ (‘the Office’) ▌ could require

the processing of personal data, in particular where it is necessary to identify applicants in

procedures for registration, amendment _**of the product specification**_ or cancellation of the

registration, opponents, or beneficiaries of a transitional period granted by way of

derogation from the protection of a registered geographical indication▌. Processing of such

personal data is therefore necessary for the performance of a task carried out in the public

interest. Any processing _**and making public**_ of personal data _**received in the course of the**_

_**procedures**_ under this Regulation _**, for example for the purposes of registration, including**_

_**opposition, amendment of the product specification, cancellation of the registration,**_

_**controls and the granting of a transitional period,**_ should respect fundamental rights,

including the right to respect for private and family life and the right to protection of

personal data under Articles 7 and 8 of the Charter _**of Fundamental Rights of the**_

_**European Union ('the Charter’). In that context,**_ Regulation (EU) 2016/679 of the

European Parliament and of the Council [10] and Directive 2002/58/EC _**of the European**_

_**Parliament and of the Council**_ _**[11]**_ _**place certain obligations on Member States, while**_

Regulation (EU) 2018/1725 of the European Parliament and of the Council [12] _**places**_

_**certain obligations on the Commission and the Office. Where the Commission and the**_

_**Office jointly determine the purposes and means of the data processing, they should be**_

_**considered joint controllers**_ .

**9** Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June
2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
**10** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p.
1).
**11** Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) (OJ L 201,
_**31.7.2002**_, p. 37).
**12** Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October
2018 on the protection of natural persons with regard to the processing of personal data by
the Union institutions, bodies, offices and agencies and on the free movement of such data,
and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).

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_**(11)**_ _**Geographical indications for craft and industrial products which have a given quality,**_

_**reputation or other characteristic linked to their place of production, confer a collective**_

_**right that can be exercised by all eligible producers in a defined geographical area that**_

_**are willing to adhere to a product specification, in accordance with this Regulation.**_

_**Producers acting collectively have more market power than individual producers and**_

_**can make use of synergies when managing their geographical indications. Geographical**_

_**indications reward producers for their efforts to produce a diverse range of quality**_

_**products. Applications for registration of geographical indications should therefore be**_

_**submitted by producer groups.**_

_**(12)**_ _**In certain geographical areas there might only be one producer willing to submit an**_

_**application for the registration of a name as a geographical indication. Therefore, it**_

_**should also be possible for a single producer to be considered an applicant. However, a**_

_**single producer should not be allowed to define the geographical area by reference to its**_

_**own land or workshop. The geographical area should always refer to a particular part of**_

_**a territory and not to private property boundaries.**_

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_**(13)**_ _**It should also be possible for a local or regional authority designated by a Member State**_

_**or a private entity designated by a Member State to be an applicant. In such cases, the**_

_**application should state the reasons for such designation.**_

_**(14)**_ _**In addition, a local or regional entity of the Member State from where the respective**_

_**producer group or single producer originates should be allowed to provide assistance to**_

_**that producer group or single producer in the preparation of the application and in the**_

_**first phase of the registration procedure. The assistance could include advice and the**_

_**sharing of documents, contacts and information.**_

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_**(15)**_ _**The system for the protection of geographical indications for craft and industrial**_

_**products laid down in this Regulation is aimed at enabling consumers to make more**_

_**informed purchasing choices and, in this context, labelling and advertising help**_

_**consumers to identify quality products on the market correctly. Intellectual property**_

_**rights related to geographical indications help operators and companies to valorise their**_

_**intangible assets. To avoid creating unfair competition and to uphold the internal**_

_**market, any producer, including a third-country producer, should be able to use a**_

_**registered geographical indication and to market products designated by such a**_

_**geographical indication throughout the Union, including in electronic commerce,**_

_**provided that the product concerned complies with the corresponding product**_

_**specification and that the producer is subject to controls.**_

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_**(16)**_ _**A name of a product should be eligible for protection as a geographical indication if the**_

_**product complies with three cumulative requirements: the product should be rooted in or**_

_**originate in a specific place, region or country; a given quality, the reputation or other**_

_**characteristic of the product should be essentially attributable to its geographical origin;**_

_**and at least one of the production steps should take place in that geographical area. To**_

_**fulfil those requirements, it needs to be demonstrated that the geographical origin is an**_

_**essential factor for the given quality, reputation or other characteristic of the product.**_

_**Those requirements are in line with the requirements for geographical indications as set**_

_**out in the Geneva Act and in the Union legislation on the protection of geographical**_

_**indications for agricultural products, foodstuffs, wines and spirit drinks. However,**_

_**products that are contrary to public policy should not be the subject of a protected**_

_**geographical indication. The need to apply that public policy exception should be**_

_**assessed on a case-by-case basis, and the exception should be applied in accordance with**_

_**the Treaty on the Functioning of the European Union (TFEU) and the relevant case law**_

_**of the Court of Justice of the European Union.**_

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_**(17)**_ _**The production step or production steps indicated in the product specification are those**_

_**which confer a given quality, reputation, or other characteristic on the product. Human**_

_**or natural factors, or a combination of those factors, determine if a production step is**_

_**relevant for it to be included in the product specification. Products primarily produced**_

_**outside the given geographical area and only transported there for packaging or for a**_

_**production step that could be carried out elsewhere without entailing a significant**_

_**difference in the given quality, reputation, or other characteristic of the product, should**_

_**not qualify for protection. That principle would make it possible to prevent low-quality**_

_**products without unique characteristics and produced almost entirely outside the given**_

_**geographical area from being sold as products designated by a geographical indication.**_

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_**(18)**_ _**MSMEs often have limited resources to deal with administrative tasks. The competent**_

_**authority of the Member State from where the applicant originates should endeavour to**_

_**assist, at the request of the applicant, in the preparation of the single document provided**_

_**for in this Regulation, in line with its administrative practice. Where a Member State**_

_**decides to use the direct registration procedure provided for in this Regulation ('direct**_

_**registration procedure’), the Office, in close cooperation with the single point of contact**_

_**of the Member State concerned, should endeavour to provide assistance with the single**_

_**document. Any assistance provided by the authorities or the Office should be without**_

_**prejudice to the applicant remaining responsible for the single document.**_

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(19) To _**obtain**_ protection as geographical indications ▌, names should be registered ▌ at

Union level _**only**_ . _**The standard procedure for the registration of a geographical**_

_**indication under this Regulation should comprise two phases.**_ Member States should be

_**responsible for the first phase ('national phase') and the Office should be responsible for**_

_**the second phase ('Union phase'). Where a Member State has been granted a derogation**_

_**from that standard procedure, it should be possible for an applicant from that Member**_

_**State to submit an application directly to the Office through the direct registration**_

_**procedure**_ . The protection granted under this Regulation upon registration should be

equally available to geographical indications for products originating in third countries

(‘third-country geographical indications') that fulfil the corresponding requirements and

that are protected in the third country of origin. The Office should carry out the

corresponding procedures for third-country geographical indications.

_**(20)**_ _**Member States should provide for efficient, predictable and expeditious administrative**_

_**procedures. Information about those procedures, including any applicable deadlines and**_

_**the overall length of the procedures, should be publicly available. The Member States,**_

_**the Commission and the Office should cooperate within the Advisory Board, established**_

_**pursuant to this Regulation ('the Advisory Board’), to share best practices with a view to**_

_**promoting the efficiency of those procedures.**_

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(21) The procedures for registration, including _**opposition,**_ amendment of the product

specification _**,**_ cancellation of the registration _**and appeal**_ in respect of geographical

indications originating in the Union ▌ should be carried out by the Member States and the

Office _**and those procedures should fulfil transparency requirements**_ . The Member States

and the Office _**respectively**_ should be responsible for _**the**_ distinct phases of _**those**_

procedures. Member States should be responsible for _**the national phase**_, which consists of

receiving the application from the applicant, examining it, managing the national

opposition procedure ▌ and, following the positive _**completion**_ of the _**national phase**_,

submitting the ▌ application to the Office _**to launch the Union phase**_ . _**Member States**_

_**should establish the detailed procedural arrangements for the national phase. Those**_

_**arrangements should include consultations between the applicant and any national**_

_**opponents, as well as the submission by the applicant of a report on the outcome of those**_

_**consultations, and on any modifications made to the application. Moreover**_ _,_ _**the**_

_**admissibility of the opposition and the reasons for refusing registration in the national**_

_**phase should be aligned with those in the Union phase**_ _._ The Office should be responsible

for examining applications in the Union _**phase**_, managing the ▌ opposition procedure and

▌ granting or refusing registration. The Office should also carry out the corresponding

procedures for third-country geographical indications ▌ .

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_**(22)**_ _**The Office should encourage parties to make use of alternative dispute resolution, such**_

_**as mediation, with a view of reaching a friendly settlement. To that end, the Office**_

_**should offer the parties the opportunity to make use of those services in the procedures**_

_**available at Union level. The Office should provide those services itself, but the parties**_

_**should also have the possibility of making use of other mediation services.**_

(23) In order to facilitate the management by _**competent**_ authorities of applications, it should be

possible for two or more Member States to cooperate in ▌ the national phase of the

procedures, including with regard to▌ examination, national opposition, submission of ▌

applications to the Office, amendment of the product specification and cancellation of the

registration _**;**_ and to decide that one of them is to manage the procedures on behalf of the

other Member State or Member States concerned. In those cases, _**those**_ Member States ▌

should _**, without delay,**_ inform the Commission _**accordingly**_, and provide information on

the _**main parameters of the cooperation**_ .

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(24) _**Under certain circumstances, it should be**_ possible for ▌ Member States to obtain a

derogation from the ▌ obligation to designate a national _**competent**_ authority _**to be**_

_**responsible for**_ _**the national phase**_ of the procedures for registration, _**including**_ national

opposition, amendment of the product specification and cancellation of the registration ▌ .

That derogation ▌ should take ▌ into account the fact that certain Member States do not

have a specific national system for the _**protection**_ of geographical indications for craft and

industrial products _**,**_ that the local interest in those Member States to protect ▌ geographical

indications is minimal _**, and that,**_ under those circumstances, it would not be justified to

oblige them ▌ to set up _**all the infrastructure needed for such a system. It would be more**_

_**efficient and cost-effective**_ to provide for an alternative _**path for**_ producer groups from

those Member States to protect their products _**, namely a**_ direct registration procedure _**with**_

the Office. _**That alternative would also yield cost advantages for the**_ Member States▌ _._

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(25) The Commission should, after examining the information provided by a Member State,

adopt a ▌decision on the request for a derogation by that Member State allowing it to make

use of the direct registration procedure. _**When examining the request, the Commission**_

_**should assess all relevant circumstances, such as the number of existing protected**_

_**names of products, the number of potentially interested producers and producer groups**_

_**in the Member State concerned, the size of the population of the Member State**_

_**concerned, the volume of sales, the manufacturing capacities and the markets for the**_

_**products in question, and other information that the Member State considers to be**_

_**relevant as evidence of a low level of interest at national level. It should be possible for**_

_**the Commission to also use, for example, information gathered via a public consultation,**_

_**a market survey or analysis, or letters from relevant professional chambers or from any**_

_**other relevant official instances, to take a decision. ▌**_ The Commission should retain the

right to amend _**or to**_ rescind a decision allowing a Member State to make use of the ▌

direct registration procedure ▌, where conditions _**cease to**_ be met by the Member State

concerned. This ▌, for example, _**would be**_ the case if the number of direct applications

submitted by applicants from that Member State were to exceed the original estimate by

that Member State _**in a recurrent manner over time**_ ▌ .

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_**(26)**_ _**Pursuant to such derogation, procedures for registration, amendment of the product**_

_**specification and cancellation of the registration should be managed directly by the**_

_**Office. In this regard, the Office should receive assistance from the administrative**_

_**authorities of the Member State concerned when needed, through an appointed single**_

_**point of contact, as regards, in particular, the examination of the application. The single**_

_**point of contact should have the necessary expertise and local knowledge on**_

_**geographical indications. In order to assist the Office, the single point of contact should**_

_**be allowed to consult experts with product- or sector-specific knowledge.**_

_**(27)**_ _**The application of the direct registration procedure should not exempt Member States**_

_**from the obligation to designate a competent authority for carrying out controls and to**_

_**take the necessary action to enforce the rights set out in this Regulation.**_

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(28) To ensure _**efficient and consistent**_ decision-making as regards applications _**, the competent**_

_**authority of a Member State should inform**_ the Office _**without undue delay of**_ any

proceedings ▌ before a national court or another body concerning an application _**submitted**_

by that _**competent authority**_ to the Office _**,**_ and of the final outcome of such proceedings.

For the same reason, _**the competent authority**_ should _**keep**_ the Office _**informed of any**_

_**national administrative and judicial proceedings against the**_ decision _**of the competent**_

_**authority that could affect the registration of a geographical indication**_ . ▌

_**(29)**_ _**As from the date of the submission of an application by a Member State to the Office,**_

_**Member States should be able to grant temporary national protection to a geographical**_

_**indication prior to the completion of the Union phase, provided that the internal market**_

_**or the Union’s trade policy are not affected. Temporary national protection should not**_

_**be granted in the event of direct registration.**_

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(30) To allow operators whose interests are affected by the registration of a _**geographical**_

_**indication**_ to continue to use _**the registered name**_ for a limited period of time, ▌ a specific

derogation for the use of _**such**_ a name _**for**_ a transitional period should be granted _**by the**_

_**Office.**_ Such a _**transitional**_ period could also be allowed _**in order**_ to overcome temporary

difficulties _**,**_ with the long-term objective of ensuring that all producers comply with the

product specification. Without prejudice to the rules governing conflicts between

geographical indications and trade marks, it should be possible to continue to use names

_**that**_ would otherwise contravene the protection of _**a**_ geographical indication, ▌ under

certain conditions and for a transitional period.

(31) The Commission should _**, in certain specific cases,**_ be able to take over from the Office the

power to decide _**on**_ individual applications, _**on requests for**_ amendment of the product

specification or _**on requests for**_ cancellation. _**Any Member State or the Office should be**_

_**able to request that the Commission exercise that prerogative. The Commission should**_

_**also be able to act on its own initiative.**_ The Office should, _**in any event,**_ remain

responsible for the examination of the file and the opposition, _**and,**_ based on technical

considerations, _**should prepare a draft**_ implementing act for the Commission. ▌

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_**(32)**_ _**For the proper functioning of the internal market, it is important that producers and**_

_**other operators concerned, as well as authorities and consumers, have quick and easy**_

_**access to relevant information concerning geographical indications.**_

(33) To _**avoid fragmentation of the internal market and to**_ ensure transparency and uniformity

across the Union, it is necessary to establish ▌ an electronic Union register of geographical

indications for craft and industrial products _**('the Union register'), which**_ should be _**easily**_

accessible to the public _**in a machine-readable format**_ . ▌The Union register ▌ should be

established and maintained by the Office and ▌ the personnel for its operation should be

provided by the Office _**. The possibility of using existing databases should be considered**_

_**in order to avoid creating an unnecessary administrative burden**_ .

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(34) The Union negotiates international agreements, including those concerning the protection

_**of**_ geographical indications, with its trade partners. Protection of geographical indications

for craft and industrial products in the Union can also stem from _**such**_ agreements,

irrespective of the international registration provided _**for**_ under the Geneva Act _**▌ and**_ of

the _**registration system set out in this Regulation.**_ It should be possible to enter _**in the**_

_**Union**_ _**register**_ geographical indications _**protected in the Union by virtue of an**_

_**international registration under the Geneva Act or under international agreements with**_

_**Union trade partners,,in order to facilitate the provision of information to the public, to**_

_**increase transparency for the benefit of consumers and,**_ in particular _**,**_ to ensure protection

and control of the use to which those geographical indications are put _**. In such cases, the**_

_**respective names**_ should be entered in the ▌ Union register _**as protected**_ geographical

indications ▌ .

(35) _**Any party adversely**_ affected by _**a decision of**_ the Office _**should have the right of**_ appeal ▌

before _**the Boards of Appeal of the Office (‘the Boards of Appeal’)**_ ▌ . Decisions of the

Boards of Appeal _**should**_, in turn, be _**amenable to actions**_ before the General Court, which

has jurisdiction to annul or to alter the contested decision.

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(36) ▌An Advisory Board _**composed of**_ experts ▌ from Member States and the Commission

_**should be established**_ to provide the necessary ▌ knowledge and expertise concerning

certain products _**, sectors and**_ local circumstances that could influence the outcome of the

procedures under this Regulation. In order to obtain the specific technical knowledge

_**necessary for the**_ examination of individual applications at any stage of the procedures for

registration, including opposition, appeal or other procedures, the Geographical Indications

Division of the Office or the Boards of Appeal, on their own initiative or at the request of

the Commission, should have the possibility of consulting the Advisory Board. That

consultation, where necessary, should also include a general opinion on assessing quality

criteria, establishing _**the**_ reputation of a product, determining _**the**_ generic nature of a name _**,**_

_**and assessing**_ the risk of confusing consumers. The opinion of the Advisory Board should

not be binding. _**The**_ _**Advisory Board should invite, where appropriate, experts in the**_

_**product category concerned, including representatives of regions and academia.**_ The

procedure for appointing the experts and the operation of the Advisory Board should be

specified in the rules of procedure of the Advisory Board _**, adopted**_ by the Management

Board.

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(37) Protection should be granted to _**geographical indications entered**_ in the Union register _**,**_ to

ensure that they are used fairly and in order to prevent practices liable to mislead

consumers _**, in particular as regards comparable products. To establish whether products**_

_**are comparable to a product protected by**_ a _**geographical indication,**_ _**account should be**_

_**taken of all relevant factors. Those factors should include: whether the products have**_

_**common objective characteristics, such as the production method, physical appearance**_

_**or use of the same raw material; under which circumstances the products are utilised**_

_**from the point of view of the relevant market segment; whether the products are**_

_**frequently distributed through the same channels; and whether they are subject to**_

_**similar marketing rules**_ . ▌

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_**(38)**_ In order to strengthen the protection of geographical indications for craft and industrial

products and to combat counterfeiting ▌effectively, the protection under this Regulation

should also apply to domain names on the internet. ▌It is also important to have due regard

to the TRIPS Agreement, and in particular Articles 22 and 23 thereof, and to the General

Agreement on Tariffs and Trade, which was concluded, on behalf of the Union, by virtue

of Council Decision 94/800/EC [13], including Article V of that Agreement on the freedom

of transit. Within _**that**_ legal framework, ▌to combat counterfeiting more effectively, such

protection should also apply with regard to goods entering the customs territory of the

Union without being released for free circulation, and placed under special customs

procedures such as those relating to transit, storage, specific use or processing.

**13** _**Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf**_
_**of the European Community, as regards matters within its competence, of the**_
_**agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L**_
_**336, 23.12.1994, p. 1).**_

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(39) _**It should be ensured that**_ the use of a geographical indication in the ▌ name of a

manufactured product _**– that contains or incorporates, as**_ a part or _**a**_ component _**, the**_

_**product designated by the geographical indication –**_ is made in accordance with fair

commercial practices and does not _**exploit,**_ weaken, dilute, or _**is not**_ detrimental to, the

reputation of the geographical indication. The consent of the _**producer**_ group or the

individual producer of the _**product designated by the geographical indication**_ should be

required for such use.

(40) Generic terms that are similar to, or form part of, a name or term that is protected by a

geographical indication should retain their generic status.

_**(41)**_ _**Homonymous names (‘homonyms’) are names that are spelt or pronounced in the same**_

_**way, but refer to different geographical areas. A name which is wholly or partly**_

_**homonymous with a geographical indication already registered or applied for, should**_

_**not be registered, unless certain circumstances justify its protection, considering the**_

_**need for equal treatment of producers and the need for consumers not to be misled as to**_

_**the true geographical origin of the product. Homonyms that are liable to mislead**_

_**consumers as to the true identity or geographical origin of the product should not be**_

_**registered as a geographical indication.**_

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(42) _**While trade marks and**_ _**geographical indications differ in nature and purpose, the**_

_**relationship between them should be clarified in relation to criteria for the rejection of**_

_**trade mark applications, the invalidation of trade marks and the coexistence of trade**_

_**marks and geographical indications.**_ The protection of geographical indications needs to

_**be balanced against**_ the protection of ▌trade marks _**with a reputation and of well-known**_

_**marks**_, in particular in light of the fundamental right to property as set out in Article 17 of

the Charter _**,**_ as well as the obligations resulting from international law. _**When assessing the**_

_**relationship between a geographical indication and a trade mark, any continuity of the**_

_**protection of a geographical indication established by registration or usage in a Member**_

_**State, where the geographical indication has become subject to Union protection in**_

_**accordance with this Regulation, and any priority claimed in relation to a trade mark**_

_**application, should be taken into account.**_

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(43) Producer groups play an essential role in the application process for the registration of

geographical indications, as well as in procedures for _**amendment of the product**_

specification and _**for**_ cancellation of the registration. They should be equipped with the

necessary means to ▌ identify and market _**better**_ the specific characteristics of their

products. The role of ▌ producer _**groups**_ should therefore be _**specified**_ .

(44) _**Country-code top-level**_ _**domain name registries established in the Union offering**_

_**alternative dispute resolution procedures to settle disputes relating to the registration of**_

_**domain names should ensure that such procedures also cover geographical indications.**_

_**Following an appropriate alternative dispute resolution procedure or judicial procedure,**_

_**it should be possible for country-code top-level domain name registries established in the**_

_**Union to revoke or**_ transfer _**a**_ domain name _**registered under a country-code top-level**_

domain _**to the relevant producer group, where a domain name registration contravenes**_

_**the protection of**_ a geographical indication _**, where the domain name**_ is being used in bad

faith _**, or where it has been registered by its holder without that holder having a right to**_

_**or a legitimate interest in the geographical indication**_ . ▌

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_**(45)**_ _**The Commission should evaluate the feasibility of establishing an information and alert**_

_**system against the abusive use of craft and industrial geographical indications within**_

_**the domain name system, and submit to the European Parliament and to the Council a**_

_**report on its main findings. ▌Based on the outcome of that evaluation, the Commission**_

_**should, where necessary, present a legislative proposal in order to establish such a**_

_**system.**_

(46) As _**the**_ Union system for the protection of geographical indications for craft and industrial

products _**as provided for in this Regulation is new**_, it is important to raise awareness _**about**_

_**this initiative**_ among consumers, producers _**– especially MSMEs –**_ and public authorities at

_**local**_, regional _**, national and international**_ level _**. To that end, the Member States, the**_

_**Commission, the Office and the relevant stakeholders should be encouraged to carry out**_

_**promotional activities on a regular basis to raise awareness**_ .

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(47) The _**Union**_ symbol, indication and abbreviation identifying ▌ registered geographical

_**indications**_, 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 they are used on genuine

products and that consumers are not misled as to the characteristics of products.

(48) The use of the Union symbol, indication and abbreviation on the packaging of craft and

industrial products designated by a geographical indication should be recommended _**, also**_

_**on online sales websites,**_ in order to make those products, and the guarantees attached to

them, better known to consumers and to allow for easier identification of those products on

the market, thereby facilitating checks. The use of the Union symbol, indication and

abbreviation should remain voluntary for third-country geographical indications.

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(49) For the sake of clarity for consumers and to maximise coherence with regard to _**Union**_

_**legislation**_ for the protection of geographical indications for agricultural products,

foodstuffs, wines and spirit drinks, the Union symbol used on the packaging of craft and

industrial products designated by a geographical indication should be identical to that

established under Commission Delegated Regulation (EU) No 664/2014 [14] and used on the

packaging of agricultural products and foodstuffs, wines and spirit drinks designated by a

geographical indication.

(50) The added value of geographical indications is based on consumer trust. Such trust can

only be well-founded if the registration of geographical indications is accompanied by

effective _**and efficient**_ verification and _**control mechanisms. Consumers should be able to**_

_**expect that any geographical indication is covered by robust verification and control**_

_**systems, regardless of whether the products originate in the Union or a third country**_ .

**14** Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013
supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the
Council with regard to the establishment of the Union symbols for protected designations
of origin, protected geographical indications and traditional specialities guaranteed and
with regard to certain rules on sourcing, certain procedural rules and certain additional
transitional rules (OJ L 179, 19.6.2014, p. 17).

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(51) In order to _**ensure that there is consumer trust in**_ the specific characteristics of craft and

industrial products designated by a geographical indication, producers should be subject to

a system _**based on a producer’s self-declaration**_ that verifies compliance with the product

specification before _**and after**_ the product is placed on the market. _**For the purposes of**_

_**controls,**_ each Member State should _**designate competent authorities for**_ the verification

_**of compliance and monitoring.**_ _**▌It should be possible to have one competent authority**_

_**designated for the national phase and a different competent authority designated for the**_

_**controls should a Member State so decide. The respective competent authority**_ _**should be**_

_**allowed to delegate certain control tasks to product certification bodies or natural**_

_**persons**_ .

(52) _**▌The self-declaration**_ _**should be submitted by the producer to the competent authority**_

_**responsible for verifying compliance with the product specification. To demonstrate**_

_**continuous compliance, such self-declaration should be submitted**_ every three years ▌ .

Producers should be required to _**submit an updated**_ self-declaration immediately _**when**_

there is an amendment to the product specification _**of a kind that has an effect on the**_

_**product**_ concerned _**. Verification based on**_ self-declaration _**should**_ not prevent producers

from having compliance of their products with the product specification _**verified**_ by third

parties. It should be possible for _**such**_ third-party _**verification to**_ supplement a self

declaration _**,**_ but not to replace it.

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(53) The self-declaration should provide _**the**_ competent _**authority**_ with all necessary information

_**regarding**_ the product _**, in order for the authority to check**_ its compliance with the product

specification. To ensure that the information provided in the self-declaration is

comprehensive, a harmonised structure for such declarations should be set out _**.**_ The

producer should take full responsibility for ensuring _**that**_ the information provided in the

self-declaration _**is complete, consistent and accurate**_, and should be able to provide _**,**_

_**without affecting protection of know-how and trade secrets,**_ the necessary evidence to

allow for the verification of that information.

(54) ▌ _**Upon receipt of the self-declaration, the competent authority should conduct an**_

_**examination of the self-declaration that includes at least a check of the completeness**_

_**and consistency of the self-declaration. Obvious inconsistencies should be clarified and**_

_**missing information should be requested from the producer. Where the competent**_

_**authority is satisfied that the information provided in the self-declaration is complete**_

_**and consistent and it has no other reservations concerning compliance, the competent**_

_**authority should**_ _**issue, or renew, an official certificate of authorisation to produce the**_

_**product designated by the geographical indication**_ .

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_**(55)**_ _**To ensure compliance with the product specification and to check the accuracy of the**_

_**information provided in the self-declaration, the competent authority should, with**_

_**appropriate frequency, perform conformity checks in the market, including in electronic**_

_**commerce, based on a risk analysis and taking into account the risk of non-compliance,**_

_**including fraudulent or deceptive practices.**_

(56) In the event of non-compliance with the product specification, the competent _**authority**_

should take appropriate measures to ensure that the producers concerned remedy the

situation and to prevent further _**non-compliance**_ . ▌

_**(57)**_ _**As an alternative to the verification procedure based on self-declaration, Member States**_

_**should be allowed to provide for a verification procedure based on verification of**_

_**compliance by a competent authority or a designated third party. Such verification**_

_**procedure should include controls of compliance with the product specification both**_

_**before and after the product has been placed on the market. The competent authority**_

_**should be allowed to delegate, where necessary, to product certification bodies or natural**_

_**persons certain control tasks related to checking the geographical origin, or the**_

_**production process, of the product concerned.**_

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_**(58)**_ _**European standards (EN standards) developed by the European Committee for**_

_**Standardization (CEN) and international standards developed by the International**_

_**Organization for Standardization (ISO) should be used for the accreditation of product**_

_**certification bodies as well as by those bodies for their operations. The accreditation of**_

_**those bodies should take place in accordance with Regulation (EC) No 765/2008 of the**_

_**European Parliament and of the Council**_ _**[15]**_ _**. Product certification bodies established**_

_**outside the Union should demonstrate that they comply with Union or internationally**_

_**recognised standards by means of a certificate issued by a body that is a recognised**_

_**signatory of a multilateral recognition agreement under the auspices of the**_

_**International Accreditation Forum (IAF) or a member of the International Laboratory**_

_**Accreditation Cooperation (ILAC). Natural persons should have the expertise,**_

_**equipment, infrastructure and resources required to perform the ▌ control tasks**_

_**delegated to them. They should be suitably qualified and experienced, act impartially**_

_**and be free from any conflict of interest as regards the performance of the ▌ control**_

_**tasks delegated to them. ▌**_

_**(59)**_ _**Information on ▌ competent authorities, and on product certification bodies and natural**_

_**persons to which control tasks have been delegated, should be made public by Member**_

_**States and the Office to ensure ▌ transparency and to allow interested parties to contact**_

_**them.**_

**15** Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July
2008 setting out the requirements for accreditation and repealing Regulation (EEC) No
339/93 (OJ L 218, 13.8.2008, p. 30).

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_**(60)**_ _**Monitoring the use of geographical indications in the market is important to prevent**_

_**fraudulent and deceptive practices, thus ensuring that the producers of products**_

_**designated by a geographical indication are properly rewarded for the added value of**_

_**their products bearing a geographical indication and that persons infringing the rights**_

_**conferred by a geographical indication are prevented from selling non-compliant**_

_**products. Therefore, Member States should designate competent authorities to monitor**_

_**the market in order to detect any misuse of geographical indications, and to carry out**_

_**controls based on a risk analysis. In the event of a detected misuse of a geographical**_

_**indication, the relevant competent authority should take appropriate administrative and**_

_**judicial steps to prevent or stop the use of names of products or services that contravene**_

_**the protection of a registered geographical indication, where such products are produced**_

_**or marketed, or such services are provided or marketed, in their territory. It should be**_

_**possible for those authorities to be the same as the authorities designated for the**_

_**verification of compliance with the product specification. It should be possible for such**_

_**monitoring to be undertaken by authorities carrying out product controls or controls in**_

_**the market in another context, for example customs controls, market surveillance or law**_

_**enforcement.**_

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_**(61)**_ _**The measures, procedures and remedies set out in Directive 2004/48/EC of the**_

_**European Parliament and of the Council**_ _**[16]**_ _**are applicable to any infringement of**_

_**intellectual property rights, including rights related to geographical indications. In**_

_**addition, Regulation (EU) No 608/2013 of the European Parliament and of the**_

_**Council**_ _**[17]**_ _**sets out the conditions and procedures for action by the customs authorities**_

_**where goods suspected of infringing an intellectual property right, including a right**_

_**related to geographical indications, are, or should have been, subject to customs**_

_**supervision or customs controls within the customs territory of the Union. Likewise,**_

_**Regulation (EU) No 386/2012 of the European Parliament and of the Council**_ _**[18]**_ _**sets out**_

_**tasks and activities of the Office related to the enforcement of intellectual property**_

_**rights, including fostering cooperation with and between relevant Member State**_

_**authorities.**_

**16** _**Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004**_
_**on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).**_
**17** _**Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12**_
_**June 2013 concerning customs enforcement of intellectual property rights and repealing**_
_**Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).**_
**18** _**Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19**_
_**April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade**_
_**Marks and Designs) with tasks related to the enforcement of intellectual property rights,**_
_**including the assembling of public and private-sector representatives as a European**_
_**Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p.**_
_**1).**_

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_**(62)**_ _**For the proper functioning of the internal market, it is important that producers can**_

_**quickly and easily demonstrate that they are authorised to use a name that is protected**_

_**as a geographical indication, for example in the context of customs controls or market**_

_**inspections, or at the request of business partners or consumers. To that end, they**_

_**should use an official certificate of authorisation to produce the product designated by a**_

_**geographical indication put at their disposal.**_

(63) _**Since the control system laid down in this Regulation follows a public-private approach,**_

_**producers themselves**_ _**should**_ _**also contribute to the protection of geographical**_

_**indications. They should perform compliance checks to verify the compliance of the**_

_**product with the product specification, accompanied, as applicable, by internal**_

_**compliance checks managed and organised by the relevant producer group. In addition,**_

_**producers should be encouraged to support public authorities in monitoring the use of**_

_**geographical indications**_ _**in the market. Producers should also be encouraged to notify to**_

_**the competent authorities any cases of non-compliance or possible infringements**_ . ▌

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(64) In order to strengthen the protection of geographical indications for craft and industrial

products and to combat counterfeiting more▌ effectively, the protection under this

Regulation should apply to both ▌ the offline and online environment _**,**_ including domain

names on the internet. Intermediary services, in particular online platforms _**, are**_

increasingly _**being**_ used for the sale of products, including products designated by a

geographical indication ▌ . In this regard, information related to the advertising, promotion

and sale of goods that contravenes the protection of geographical indications provided for

in _**this Regulation**_ should be considered illegal content within the meaning of Article _**3,**_

_**point (h),**_ of Regulation (EU) _**2022/2065**_ _**of the European Parliament and of the**_

_**Council**_ [19] and should be subject to the obligations and measures under that Regulation.

_**(65)**_ _**Member States should provide for effective, proportionate and dissuasive penalties**_

_**aimed at deterring possible fraudulent behaviour by producers of products designated by**_

_**a geographical indication, and persons from infringing geographical indications.**_

**19** Regulation _**(EU) 2022/2065**_ of the European Parliament and of the Council _**of 19 October 2022**_
on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital
Services Act) _**(OJ L 277, 27.10.2022, p. 1)**_ .

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(66) Given that _**the production steps of**_ a product designated by _**a**_ geographical indication

_**might take place in more than one Member State, and that products**_ produced in one

Member State might be sold in another Member State, administrative assistance _**and**_

_**cooperation**_ between Member States should be ensured to allow _**for efficient and**_ effective

controls .
_**and enforcement▌**_

(67) The action of the Union following its accession to the Geneva Act is governed by

Regulation (EU) 2019/1753 of the European Parliament and of the Council [20] . Certain

provisions of that Regulation should be amended to ensure coherence in relation to the

establishment of a Union system for the protection of geographical indications for craft and

industrial products ▌, in accordance with this Regulation. In this context, the Office should

act as the Union’s competent authority in respect of geographical indications for craft and

industrial products under the Geneva Act. Provisions of Regulation (EU) 2019/1753

applicable to geographical indications falling outside the scope of the _**Union**_ law governing

the system for the protection of geographical indications for agricultural products should,

therefore, be amended so that they are aligned with this Regulation.

**20** Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October
2019 on the action of the Union following its accession to the Geneva Act of the Lisbon
Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019,
p. 1).

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(68) _**Likewise, to ensure coherence in relation to this Regulation,**_ Regulation (EU) 2017/1001

should be amended. _**The tasks conferred on the Office under this Regulation as regards**_

the administration and promotion of geographical indications ▌ should be added to _**the list**_

_**of the tasks of the Office set out in**_ Article 151 of Regulation (EU) 2017/1001. _**▌**_

(69) For the tasks conferred on the Office under this Regulation, the languages of the Office

should be all the official languages of the Union. _**In respect of applications, requests for**_

_**amendment of the product specification and requests for cancellation submitted by third-**_

_**country applicants,**_ the Office _**should**_ accept certified translations _**,**_ into one of the official

languages of the Union _**,**_ of documents and information ▌ . The Office should have the

possibility of using, where appropriate, verified machine translations.

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_**(70)**_ _**Member States should have the possibility of charging a fee to cover the costs of**_

_**managing the system for the protection of geographical indications for craft and**_

_**industrial products. In that context, Member States should take into account the**_

_**situation of MSMEs. The Office should not charge a fee for applications submitted by**_

_**competent authorities of the Member States after the completion of the national phase of**_

_**the registration procedure. However, the Office should charge a fee for the direct**_

_**registration procedure, considering that that procedure generates more work for the**_

_**Office than the processing of applications that have already been examined in the**_

_**national phase. The Office should also charge fees for procedures under this Regulation**_

_**concerning third-country geographical indications and for appeals.**_

_**(71)**_ _**Control and verification fees or charges should cover, but not exceed, the costs,**_

_**including overhead costs, incurred by the competent authorities that perform controls.**_

_**Overhead costs could include the costs of the organisation and support necessary for**_

_**planning and carrying out controls, and where applicable, the use of product**_

_**certification bodies or natural persons. No fee should be charged for the submission of**_

_**the self-declaration and its processing.**_

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_**(72)**_ _**The necessary set-up costs of the IT system that is envisaged under this Regulation -**_

_**namely the digital system for the electronic submission of applications to the Office, the**_

_**Union register, and the digital portal - should be financed from the Office’s accumulated**_

_**budgetary surplus. The running costs arising from the tasks entrusted to the Office by**_

_**this Regulation should be covered by the operational budget of the Office.**_

(73) The digital system for the electronic submission of applications to the Office should

include a front and back office and allow for smooth connection, interfacing with and

integration to IT systems of national authorities, the Union ▌ register ▌ and the _**WIPO**_ IT

system ▌ for the _**administration of**_ the Geneva Act ▌ . The Union register ▌ should be

similar in appearance and have at least _**the same**_ functionalities _**as the Union**_ register of

geographical indications for wines, foodstuffs and agricultural products.

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_**(74)**_ _**In order to amend or supplement certain non-essential elements of this Regulation, the**_

_**power to adopt acts, in accordance with Article 290 TFEU, should be delegated to the**_

_**Commission in respect of: (i) specifying further the requirements in relation to**_

_**documentation accompanying the application; (ii) listing additional items for the**_

_**accompanying documentation that is to be submitted; (iii) specifying the criteria for the**_

_**direct registration procedure; (iv) setting out the procedures and conditions applicable to**_

_**the preparation and submission of applications to the Office; (v) specifying the content**_

_**of the notice of appeal and the procedure for the submission and the examination of an**_

_**appeal; (vi) specifying the content and the form of the decisions of the Boards of Appeal;**_

_**and (vii) modifying the information and requirements in relation to the standard form**_

_**for the self-declaration. It is of particular importance that the Commission carry out**_

_**appropriate consultations during its preparatory work, including at expert level, and that**_

_**those consultations be conducted in accordance with the principles laid down in the**_

_**Interinstitutional Agreement of 13 April 2016 on Better Law-Making**_ _**[21]**_ _**. In particular, to**_

_**ensure equal participation in the preparation of delegated acts, the European**_

_**Parliament and the Council receive all documents at the same time as Member States’**_

_**experts, and their experts systematically have access to meetings of Commission expert**_

_**groups dealing with the preparation of delegated acts.**_

**21** _**OJ L 123, 12.5.2016, p. 1.**_

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(75) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission as regards: (i) laying down

rules _**that**_ limit the information contained in the product specification, where such a

limitation is necessary to avoid excessively voluminous applications; (ii) laying down rules

on the form of the product specification; (iii) specifying the format and online presentation

of the ▌ accompanying documentation; ▌ ( _**iv**_ ) _**laying down detailed rules**_ on the procedures

for the preparation and submission of ▌ direct ▌ applications; _**(v) laying down detailed rules**_

_**on**_ the procedures for and _**the form and presentation of**_ applications _**to the Office**_, including

in relation to applications concerning more than one national territory; ( _**vi**_ ) laying down ▌

rules _**on the**_ submission of the _**opposition and**_ specifying ▌ the format and _**the**_ online ▌

presentation of _**the reasoned statement of opposition; (vii**_ ) _**laying down rules**_ on the

_**submission of the notice of comments and specifying its format and online presentation;**_

_**(viii**_ ) _**decisions and procedures in cases where the Commission takes over from the Office**_

_**the power to decide on an application ; (ix**_ ) laying down detailed rules on, the procedure

for, and form and ▌ presentation of a request for a Union amendment to the product

specification and on the procedure for, ▌and form of, standard amendments and the

communication of such amendments to the Office; _**(x)**_ laying down ▌ detailed rules on the

procedures for and form of cancellation, as well as ▌ on the presentation of the requests for

cancellation; ( _**xi) setting out the IT architecture for and presentation of the Union register;**_

_**(xii) specifying the format and online presentation of extracts from the Union register;**_

_**(xiii**_ ) specifying the technical characteristics of the Union symbol and indication as well as

the rules of their use on the products marketed under a registered geographical indication,

including rules concerning the linguistic versions to be used; ( _**xiv**_ ) specifying the nature and

the type of the information to be exchanged and the methods for exchanging information _**for**_

_**the purposes of controls; and (xv) determining the amounts of the fees to be charged by**_

_**the Office and the ways in which they are to be paid or, in the case of the fee for appeals**_

_**before the Boards of Appeal, reimbursed**_ . Those powers should be exercised in accordance

with Regulation (EU) No 182/2011 of the European Parliament and of the Council [22] .

**22** _**Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16**_
_**February 2011 laying down the rules and general principles concerning mechanisms for**_
_**control by Member States of the Commission’s exercise of implementing powers (**_ OJ L
55, 28.2.2011, p. 13 _**)**_ .

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(76) The current protection of geographical indications at national level is based on various

regulatory approaches. Having two parallel systems at Union and national levels _**carries**_

the risk of confusing consumers and producers. The replacement of national systems for

the protection of geographical indications for craft and industrial products by _**a Union**_

regulatory framework _**would**_ create legal certainty, reduce the administrative burden for

national authorities, ensure fair competition between the producers of products designated

by such geographical indications as well as predictable and relatively low costs _**,**_ and

enhance the credibility of the products in ▌ consumers’ eyes. To that end, the national

systems for the protection of geographical indications for craft and industrial products

_**should**_ cease to exist _**twelve months**_ after the _**date of application**_ of this Regulation. It

should be possible to extend in time the protection granted under those national systems

until the conclusion of the registration of the national _**geographical indications**_ identified

by the Member States concerned. Some Member States _**, in particular those**_ that are party

to the Lisbon Agreement for the Protection of Appellations of Origin and their

International Registration _**,**_ have registered _**, under that Agreement,**_ geographical

indications for craft and industrial products. They have also granted protection _**, under that**_

_**Agreement,**_ to third-country geographical indications ▌ . Regulation (EU) 2019/1753

should therefore be amended to allow for the continued protection of those geographical

indications.

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(77) _**Given that**_ a period of time is required to ensure that the framework for the proper

functioning of this Regulation is in place to create a Union and international system for the

protection of geographical indications for craft and industrial products _**, this Regulation**_

_**should start to apply following the expiry of a reasonable period after its adoption.**_

_**However, certain provisions in relation to the derogation from the national phase, the**_

_**Advisory Board, the setting up of the IT system and the delegation of powers to the**_

_**Commission should apply from the**_ _**entry into force of this Regulation**_ .

(78) This Regulation respects the fundamental rights and observes the principles recognised in

particular by the Charter. Therefore, this Regulation should be interpreted and applied in

accordance with those rights and principles, including the right to the protection of

personal data, the freedom to conduct a business and the right to property, including

intellectual property.

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_**(79)**_ _**Since the objective of this Regulation, namely the creation of a Union system for the**_

_**protection of geographical indications for craft and industrial products, cannot be**_

_**sufficiently achieved by the Member States, but can rather, by reason of the scale and**_

_**effects of this Regulation, be better achieved at Union level, the Union may adopt**_

_**measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the**_

_**Treaty on European Union. In accordance with the principle of proportionality, as set**_

_**out in that Article, this Regulation does not go beyond what is necessary in order to**_

_**achieve that objective.**_

(80) The European Data Protection Supervisor was consulted in accordance with Article 42(1)

of Regulation (EU) 2018/1725 and delivered an opinion on _**2 June 2022**_ _**[23]**_,

HAVE ADOPTED THIS REGULATION:

**23** _**OJ C 258, 5.7.2022, p. 5.**_

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## TITLE I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down rules on:

(a) registration and protection _**of, and**_ controls▌ _**in relation to,**_ geographical indications

designating craft and industrial products with a given quality, reputation or other

characteristic linked to their geographical origin; and

(b) geographical indications entered in the international register established under the Geneva

Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications _**(‘the**_

_**Geneva Act’)**_ administered by the World Intellectual Property _**Organization**_ (WIPO).

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_**Article 2**_

_**Objectives**_

_**This Regulation establishes a Union system for the protection of geographical indications for**_

_**craft and industrial products, in particular by laying down provisions relating to:**_

_**(a)**_ _**the necessary tasks, rights and responsibilities for producers to manage geographical**_

_**indications, including in response to societal demands for sustainable products;**_

_**(b)**_ _**simple and efficient registration of geographical indications, taking into account the**_

_**appropriate protection of intellectual property rights;**_

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_**(c)**_ _**the generation of added value by contributing to fair competition in the market;**_

_**(d)**_ _**reliable information and a guarantee of authenticity of products designated by a**_

_**geographical indication for the consumer;**_

_**(e)**_ _**effective controls and enforcement in relation to geographical indications for craft and**_

_**industrial products and the marketing of craft and industrial products throughout the**_

_**Union, including in electronic commerce, whilst ensuring the integrity of the internal**_

_**market;**_

_**(f)**_ _**local economic development that contributes to the protection of know-how and of**_

_**common heritage.**_

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Article 3

Scope

1. This Regulation applies to craft and industrial products _**.**_

2. This Regulation does not apply to agricultural products or foodstuffs as _**referred to in**_

Regulation (EU) No 1151/2012, _**to**_ wines as _**referred to**_ in Regulation (EU) No 1308/2013

or to spirit drinks as referred _**to**_ in Regulation (EU) 2019/787.

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3. _**Registration**_ and protection of geographical indications under this Regulation are without

prejudice to the obligation of producers to comply with Union law, in particular relating to

the placing of products on the market _**,**_ product labelling, ▌ product safety, consumer

protection and market surveillance.

4. ▌ Directive (EU) 2015/1535 of the European Parliament and of the Council [24] _**does not**_

_**apply to geographical indications protected under this Regulation**_ .

**24** Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September
2015 laying down a procedure for the provision of information in the field of technical
regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

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Article 4

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘craft _**and industrial**_ products’ means products _**:**_

_**(a)**_ produced either entirely by hand _**,**_ or with the aid of manual _**or digital**_ tools _**,**_ or by

mechanical means, whenever the ▌ manual contribution is _**an**_ important component

of the finished product; _**or**_

_**(b)**_ _**produced in a standardised way, including serial production and by using**_

_**machines;**_

_**(2)**_ _**‘producer’ means an operator engaged in one or more production steps for craft and**_

_**industrial products;**_

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(3) ‘producer group’ means any association, irrespective of its legal form, mainly composed of

producers ▌ working with the same product;

(4) ‘production step’ means any stage of production, _**including manufacturing,**_ processing _**,**_

_**obtaining, extracting, cutting**_ or preparation, up to the point ▌ where the product is in a

form such that it can be placed on the ▌ market;

(5) ‘traditional’, in relation to a product originating in a geographical area, means there is

proven historical usage by producers in a community for a period that allows transmission

between generations;

(6) ‘generic term’ means:

(a) a name of a product which, although relating to the place, region or country where

the product was originally produced or marketed, has become the common name of

the product in the Union _**;**_

(b) a _**common term in the Union, which is descriptive of the type of product or of the**_

product _**attributes**_ ; _**or**_

_**(c)**_ _**a term that does not refer to a specific product;**_

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(7) ‘product certification body’ means a _**body, irrespective of its**_ legal _**form,**_ which _**is**_

_**entrusted with the task of certifying**_ that products designated by a geographical indication

comply with the product specification ▌ ;

(8) ‘self-declaration’ means a document in _**a harmonised form as set out in Annex I in**_ which

producers, _**which can be represented by**_ an authorised representative, ▌ indicate on their

sole responsibility that the product is compliant with the corresponding product

specification and that all necessary controls and checks for the proper determination of

conformity have been carried out in order to demonstrate the lawful use of the

geographical indication to the competent authorities of Member States;

_**(9)**_ _**‘The Office’ means the European Union Intellectual Property Office established by**_

_**Regulation (EU) 2017/1001;**_

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(10) ‘notice of comments’ means a written observation lodged with the ▌ Office ▌ indicating

inaccuracies in the application without triggering an opposition procedure;

_**(11)**_ _**‘national specific protection for geographical indications for craft and industrial**_

_**products’ means an intellectual property title under national, regional or local law**_

_**specifically protecting names that identify craft and industrial products with a given**_

_**quality, reputation or other characteristic linked to their geographical origin, with the**_

_**exception of trade marks.**_

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Article 5

Data protection

1. The Commission and the Office shall be considered controllers within the meaning of

Article 3, point _**(8)**_, of Regulation (EU) 2018/1725 in relation to the processing of personal

data in the procedure it is competent for in accordance with this Regulation.

2. The competent authorities of Member States shall be considered controllers within the

meaning of Article 4, point (7), of Regulation (EU) 2016/679 in relation to the processing

of personal data in the procedures for which they are competent in accordance with this

Regulation.

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Article 6

Requirements for a geographical indication

_**1.**_ In order for the name of a craft or industrial product to qualify for ▌ protection as a

geographical indication ▌, the product shall comply with the following requirements:

(a) the product originates in a specific place, region or country;

(b) the product’s given quality, reputation or other characteristic is essentially

attributable to its geographical origin; and

(c) at least one of the production steps of the product takes place in the defined

geographical area.

_**2.**_ _**Products that are contrary to public policy shall be excluded from geographical**_

_**indication protection.**_

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## TITLE II REGISTRATION OF GEOGRAPHICAL INDICATIONS Chapter 1 General provisions

_**Article 7**_

_**Registration procedure**_

_**1.**_ _**The registration procedure shall comprise two phases. The first phase shall take place at**_

_**national level in accordance with Articles 12 to 16. The second phase shall take place at**_

_**Union level in accordance with Articles 21 to 30.**_

_**2.**_ _**By way of derogation from paragraph 1**_ _**of this Article, Member States may request a**_

_**derogation, in accordance with Article 19, from the national phase of the registration**_

_**procedure. In such cases, applications for registration shall be submitted directly to the**_

_**Office.**_

_**3.**_ _**Any administrative burden associated with the registration procedure shall be kept to a**_

_**minimum.**_

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Article 8

Applicant

1. An application for the registration of a geographical indication (‘application’) shall ▌ be

submitted by a producer group ▌ .

2. _**By way of derogation from paragraph 1,**_ a single producer _**shall**_ be deemed to be an

applicant ▌ where the following conditions are fulfilled:

(a) the person concerned is the only producer willing to submit an application; and

(b) the geographical area concerned is defined by _**a particular part of a territory**_ without

reference to property boundaries and has characteristics _**that**_ differ appreciably from

those of neighbouring geographical areas, or the characteristics of the product are

different from _**the characteristics of products**_ produced in neighbouring

geographical areas.

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_**3.**_ _**Local or regional entities of the Member State from where the producer group or the**_

_**single producer originates shall be allowed to provide assistance in the preparation of**_

_**the application and in the related procedure.**_

_**4.**_ _**A local or regional authority, other than the authorities referred to in Articles 12(1) and**_

_**50(1), designated by a Member State, or a private entity designated by a Member State,**_

_**may be deemed to be an applicant within the meaning of paragraph 1 of this Article. The**_

_**application shall state the reasons for such designation.**_

5. In the case of a product that originates in a cross-border geographical area, _**several**_

_**applicants,**_ from different Member States _**, from**_ Member _**States and third countries, or**_

_**from**_ third _**countries,**_ may lodge a joint application for _**the registration of a**_ geographical

_**indication for such a product**_ . ▌

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Article 9

Product specification

1. _**In order for the name of a craft or industrial product to be protected**_ as a geographical

indication _**, the product**_ shall comply with _**the**_ product specification demonstrating that _**all**_

_**the requirements of Article 6(1) are met. The product specification shall be objective and**_

_**non-discriminatory and shall indicate the production steps taking place in the defined**_

_**geographical area.**_

_**The product specification**_ shall include _**the following**_ :

(a) the name to be protected as _**a**_ geographical indication, which may be a geographical

name of the place of production of the product, or a name used in the course of trade

or in common language to describe _**or to refer to**_ the product in the defined

geographical area;

_**(b)**_ _**the type of product;**_

(c) a description of the product, including, _**where**_ appropriate, of the raw materials;

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(d) the specification of the defined geographical area _**as referred to in Article 6 (1),**_

_**point (a), and information establishing**_ the link _**between the geographical area and**_

_**a given quality, the reputation or other characteristic of the product as referred to**_

_**in Article 6(1), point (b);**_

(e) evidence that the product originates in the defined geographical area specified in

Article 6 _**(1), points (a) and**_ _(c)_ _**, including by stating the production steps that take**_

_**place in the defined geographical area**_ ;

(f) a description of the production methods ▌ and, where appropriate, the traditional

methods and specific practices used;

(g) information concerning packaging, where the applicant ▌ determines that the

packaging _**has to**_ take place in the defined geographical area _**, in which case the**_

_**applicant shall give a sufficient product-specific justification as to why the**_

_**packaging has to take place in that area**_ ;

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(h) any specific labelling rule for the product;

_**(i)**_ an _**indication of any individual production step that is carried out by one or more**_

_**producers in a Member State or third country other than the Member State or third**_

_**country in which the name of the product originates and of any specific provisions**_

_**for the verification of compliance in that regard;**_

(j) other ▌ requirements ▌ provided for by Member States or by a producer group, _**as**_

applicable, on condition that such requirements are objective, non-discriminatory and

compatible with Union _**and national**_ law.

2. The Commission may adopt implementing acts laying down rules _**that**_ limit the

information contained in the product specification referred to in paragraph 1 of this Article,

where such a limitation is necessary to avoid excessively voluminous applications, and

laying down rules on the form of the product specification. Those implementing acts shall

be adopted in accordance with the examination procedure referred to in Article 68(2).

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Article 10

Single document

1. The single document comprised in the application in accordance with Article 13(2), point

(b) shall _**be drawn up by using the standard form set out in Annex II. It shall**_ comprise

_**the following information**_ :

▌

_**(a)**_ the name _**to be protected as a geographical indication**_ ;

_**(b)**_ _**the type of product;**_

_**(c)**_ a description of the product, including, where appropriate, _**information**_ concerning

packaging and labelling,

_**(d)**_ a concise definition of the geographical area;

_**(e)**_ a description of the link between the product and the defined geographical area

referred to in Article 6(1), including, where appropriate, the specific elements of the

product description or the production method justifying that link.

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_**2.**_ _**Where the applicant is a micro, small or medium-sized enterprise (MSME) or a producer**_

_**group consisting only of MSMEs, the competent authority designated in accordance**_

_**with Article 12(1) of the Member State from where the producer group or the single**_

_**producer originates, shall endeavour to assist, at the request of the applicant and without**_

_**prejudice to the decision on the application, in the preparation of the single document in**_

_**line with its administrative practice.**_

_**In the case of cross-border applications, the competent authority of any of the Member**_

_**States concerned shall be considered to be a competent authority within the meaning of**_

_**the first subparagraph.**_

_**Where a Member State decides to use the direct registration procedure referred to in**_

_**Article 20, the Office, in close cooperation with the single point of contact appointed**_

_**pursuant to Article 19(5), shall endeavour to provide assistance to the applicant with the**_

_**preparation of the single document.**_

_**Any assistance provided by authorities or by the Office under this paragraph shall be**_

_**without prejudice to the responsibility of the applicant for the single document.**_

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Article 11

Documentation accompanying the application

1. The documentation accompanying the application (‘accompanying documentation’) shall

comprise:

(a) the name and contact details of the applicant ▌ ;

(b) the name and contact details of the competent authority _**designated in accordance**_

_**with Article 50(1) and, where applicable, of the**_ product certification body _**or**_

_**natural person**_ verifying compliance with the product specification _**referred to in**_

_**Article 51(5), point (b), Article 52(1), point (b), and Article 53, point (b)**_ ;

_**(c)**_ _**information concerning any limitations on the use or protection of the**_

_**geographical indication, as well as any transitional measures, proposed by the**_

_**applicant or by the national competent authority, in particular following the**_

_**examination by the national competent authority of the application and any**_

_**opposition;**_

(d) any other information considered appropriate by the Member State _**or**_ the applicant.

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2. The Commission is empowered to adopt delegated acts in accordance with Article 69 to

supplement this Regulation by _**specifying**_ further the requirements _**set out in paragraph 1**_

_**of this Article.**_

_**3.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article 69 to**_

_**amend this Regulation by listing additional items for the accompanying documentation**_

_**that is to be submitted.**_

4. The Commission may adopt implementing acts specifying the format and online

presentation of the accompanying documentation. Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 68(2).

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## Chapter 2 National phase

Section 1

Procedures at national level

Article 12

Designation of the competent authority

1. Without prejudice to paragraph 2 of this Article and _**to**_ Article 19, each Member State shall

▌ designate a competent authority for the _**national phase of the procedure for the**_

_**registration of geographical indications for craft and industrial products.**_

_**That competent authority shall also be responsible for**_ the national phase of the

_**procedures regarding amendment of the product specification or the cancellation of the**_

_**registration**_ .

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2. Two or more Member States may agree that the competent authority of one of those

Member States is to be responsible for the national phase of the procedures _**referred to in**_

_**paragraph 1**_, including the submission of the ▌ application to the Office, also on behalf of

ates.
the other Member State ▌ or Member St

_**3.**_ _**Member States shall inform the Commission and the Office by … [OJ: please insert the**_

_**date of application of this Regulation] of the names and addresses of the competent**_

_**authorities designated under paragraph 1, and shall keep that information up to date.**_

_**They shall inform the Commission and the Office, by the same date, where they decide to**_

_**cooperate with each other on a permanent basis in relation to the national phase of the**_

_**procedures, as provided for in paragraph 2.**_

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_**Article 13**_

_**Submission of the application**_

_**1.**_ _**Without prejudice to Articles 12(2) and Article 20(1), an application for registration of a**_

_**geographical indication of a product originating in the Union shall be submitted to the**_

_**competent authority of the Member State in which the product originates.**_

_**2.**_ _**The application shall comprise:**_

_**(a)**_ _**the product specification referred to in Article 9;**_

_**(b)**_ _**the single document referred to in Article 10; and**_

_**(c)**_ _**the accompanying documentation referred to in Article 11.**_

_**3.**_ _**The competent authority shall allow applicants to submit their applications**_

_**electronically.**_

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Article 14

Examination of the application by _**the**_ competent _**authority**_

_**1.**_ The competent authority shall examine the application _**through effective and transparent**_

_**mechanisms to verify that it**_ complies with the requirements ▌ referred to in Articles 6 and

_**8, and that it**_ provides the necessary information referred to in Articles 9, 10 and 11.

_**2.**_ _**Where the competent authority finds that the application is incomplete or incorrect, it**_

_**shall give the applicant the possibility of completing or correcting that application within**_

_**a set time limit.**_

_**3.**_ _**Where, following the examination of the application, the competent authority finds that**_

_**the application does not comply with the requirements referred to in Articles 6 and 8 or**_

_**does not provide the necessary information, referred to in Articles 9, 10 and 11, it shall**_

_**reject the application. Otherwise, it shall proceed with the national opposition procedure**_

_**referred to in Article 15.**_

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Article 15

National opposition procedure

1. _**Following**_ the examination referred to in Article _**14(1)**_, the competent authority shall

conduct a national opposition procedure. That procedure shall _**provide for the**_ publication

of the application and▌ for a period of at least _**two months**_ from the date of publication,

within which any person having a legitimate interest and established or resident _**in**_ the

Member State in charge of the national phase of the registration or _**in**_ the Member States in

which the product concerned originates (‘national opponent’) may submit to the competent

authority an opposition to the application▌. _**Member States**_ shall establish the detailed

arrangements _**for**_ such opposition procedure.

_**2.**_ _**Where the competent authority considers the opposition to be admissible, it shall, within**_

_**two months of receipt of the**_ opposition, _**invite the national opponent and the applicant to**_

_**engage in consultations, for a reasonable period not exceeding three months, with a view**_

_**to reaching a friendly settlement. At any time during that period, the competent authority**_

_**may, at the joint request of the national opponent and the applicant, extend that period**_

_**by a maximum of three months.**_ The outcome of _**such**_ consultations _**,**_ including any _**agreed**_

modifications _**to the application, shall be communicated**_ _**to the**_ _**competent authority by**_

_**the applicant**_ .

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_**3.**_ _**An opposition shall be based on one or more of the following grounds:**_

_**(a) the proposed geographical indication does not comply with the requirements for**_

_**protection laid down in this Regulation;**_

_**(b) the registration of the proposed geographical indication would be contrary to**_

_**Article 42 or 43, or Article 44(2); or**_

_**(c) the registration of the proposed geographical indication would jeopardise the**_

_**existence of an identical or similar name used in the course of trade or of a trade**_

_**mark, or the existence of products that have been legally on the market for at least**_

_**five years preceding the date of the publication provided for in paragraph 1.**_

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Article 16

National _**phase**_ decision

1. _**Where**_ the competent authority, after the examination of the application and the assessment

of the outcome of _**the opposition procedure, including, where applicable,**_ any agreed

modifications to the application, finds that the requirements of this Regulation are met, it

shall take a favourable decision _**without undue delay and submit the application,**_ in

accordance with Article _**22(1), to the Office**_ . _**Where the competent authority finds that the**_

_**requirements of this Regulation are not met, it shall reject the application**_ _._

2. The competent authority shall _**make**_ its decision _**publicly available. It**_ shall _**publish**_

_**electronically**_ the product specification on which its favourable decision is based ▌ .

_**3.**_ _**Any party having a legitimate interest shall have the right to lodge an appeal against the**_

_**decision taken under paragraph 1.**_

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_**Article 17**_

_**Efficiency of procedures**_

_**In relation to Articles 14, 15 and 16, Member States shall provide for efficient, predictable and**_

_**expeditious administrative procedures. Information about those procedures, including any**_

_**applicable deadlines and the overall length of the procedures, shall be publicly available. The**_

_**Member States, the Commission and the Office shall cooperate within the Advisory Board**_

_**established pursuant to Article 35 (‘the Advisory Board’) to share best practices with a view to**_

_**promoting the efficiency of those procedures.**_

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_**Article 18**_

_**Temporary national protection**_

_**1.**_ _**A Member State may grant temporary national protection to a geographical indication,**_

_**with effect from the date on which an application is submitted to the Office.**_

_**2.**_ _**The temporary national protection shall cease on the date on which a decision on the**_

_**application is adopted or the application is withdrawn.**_

_**3.**_ _**Where a geographical indication is not registered under this Regulation, the**_

_**consequences of the temporary national protection shall be the sole responsibility of the**_

_**Member State concerned.**_

_**4.**_ _**The measures taken by Member States in accordance with this Article shall produce**_

_**effects only at national level. Such measures shall have no effect on the internal market**_

_**or on international trade.**_

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_**Section 2**_

_**Derogation and direct registration**_

Article 19

_**Derogation from the national phase**_

1. The Commission shall be empowered to grant a Member State a derogation from the

obligation, laid down in Section 1, to designate a competent authority ▌ and to _**process**_

applications at national level, where the Member State, by ... _**[OJ: please insert the date:**_

_**twelve**_ _**months before**_ _**the date of**_ _**application of this Regulation]**_ ▌, provides the

Commission with:

(a) evidence _**showing**_ that the Member State concerned does not have ▌ national

_**specific protection for**_ geographical indications for craft and industrial products; and

(b) a request for _**such a derogation**_ accompanied by an assessment demonstrating that

the local interest for protecting geographical indications for craft and industrial

products is low.

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2. The Commission may request further information from the Member State before adopting

a ▌decision on the derogation referred to in paragraph 1.

3. A Member State that has _**been granted**_ a derogation in accordance with paragraph 1 may ▌

inform the Commission in writing that it has decided to no longer avail itself of that

derogation and that it has decided to designate a competent authority for _**the purposes of**_

_**the national phase**_ of the _**registration**_ procedure. Such _**decision of a Member State to**_

_**cease to avail itself of the derogation**_ shall not affect any ongoing registration procedures.

4. If the number of direct applications submitted in accordance with Article 20 by applicants

from a Member State that has been granted a derogation in accordance with paragraph 1 of

this Article substantially exceeds the estimate given in the assessment submitted by the

Member State pursuant to that paragraph, the Commission may withdraw _**that derogation**_ .

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5. _**A**_ Member State that has been _**granted a derogation in accordance with paragraph 1 shall**_

_**appoint a single**_ point of contact for any technical issues relating to products and

applications and _**shall provide the Commission and the Office with its contact details**_ .

That single point of contact _**shall be**_ independent of the applicant _**and impartial**_ .

6. A Member State that has been granted a derogation in accordance with paragraph 1 of this

Article shall not be exempted from the obligations laid down in Articles _**49**_ to 62 ▌ .

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_**Article 20**_

_**Direct registration**_

_**1.**_ _**Where a Member State has been granted a derogation in accordance with Article 19(1),**_

_**any application ('direct application’), request for amendment of the product**_

_**specification or request for cancellation submitted by an applicant of that Member State**_

_**with regard to a product originating in the Union shall be submitted directly to the**_

_**Office.**_

_**2.**_ _**Article 14, Article 16(2), Article 23(1), (2) and (4) to (7) and Articles 25 to 33 shall apply,**_

_mutatis mutandis_ _**, to the direct registration procedure referred to in this Article.**_

_**3.**_ _**In the direct registration procedure, any person having a legitimate interest, including**_

_**national opponents, may lodge an opposition with the Office in accordance with Article**_

_**25.**_

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_**4.**_ _**The Office shall communicate with the applicant and the single point of contact referred**_

_**to in Article 19(5) on any technical issues relating to the direct application.**_

_**5.**_ _**Within two months of the submission of a request by the Office, the Member State,**_

_**through the single point of contact, shall provide assistance, in particular in relation to**_

_**the examination of the direct applications. At the request of the Member State, that time**_

_**limit may be extended by two months. Such assistance shall include examining certain**_

_**specific aspects of the direct applications lodged with the Office, verifying information in**_

_**the direct applications, issuing declarations concerning such information and replying**_

_**to other requests for clarification made by the Office in relation to such applications.**_

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_**6.**_ _**If the Member State, through the single point of contact, does not provide assistance**_

_**within the time limit referred to in paragraph 5**_ _**of this Article, the registration procedure**_

_**shall be suspended for up to six months. Where assistance is not provided within that**_

_**period, the Geographical Indications Division for craft and industrial products**_

_**established pursuant to Article 34 (‘the Geographical Indications Division’) shall**_

_**consult the Advisory Board before taking a final decision on the direct application.**_

_**7.**_ _**This Article shall not apply to applications for registration of geographical indications**_

_**concerning products originating in a third country (‘third-country geographical**_

_**indications’).**_

_**8.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article 69 to**_

_**supplement this Regulation by specifying the criteria for the direct registration**_

_**procedure.**_

_**9.**_ _**The Commission may adopt implementing acts laying down detailed rules on the**_

_**procedures for the preparation and submission of direct applications. Those**_

_**implementing acts shall be adopted in accordance with the examination procedure**_

_**referred to in Article 68(2).**_

_**▌**_

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## Chapter 3 Procedures at Union level and tasks of the Office Section 1 Procedures at Union level

Article 21

Registration

Registration _**procedures at Union level shall cover:**_

_**(a)**_ _**the Union phase of the registration procedure in relation to an application submitted by**_

_**the competent authority of a Member State after a favourable decision has been taken on**_

_**the application at national level in accordance with Article 16(1);**_

_**(b)**_ _**the registration procedure in relation to a direct application submitted in accordance**_

_**with Article 20; or**_

_**(c)**_ _**the registration procedure in relation to an application for registration of a third-country**_

_**geographical indication, other than geographical indications protected in the Union**_

_**under the Geneva Act or under any other international agreement to which the Union is**_

_**a contracting party.**_

▌

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Article 22

Submission of _**applications to the Office**_

1. _**In cases referred to in Article 21, point (a), the**_ application shall be submitted to the

Office ▌ by the competent authority of the Member State ▌ concerned. ▌In such cases, _**the**_

_**application shall comprise:**_

_**(a)**_ _**the single document referred to in Article 10;**_

_**(b)**_ _**the accompanying documentation referred to in Article 11;**_

_**(c)**_ _**a**_ _**declaration by the competent authority to which the application was initially**_

_**submitted, confirming that the application meets the conditions for registration**_

_**under this Regulation;**_

_**(d)**_ _**a reference to the product specification published electronically in accordance with**_

_**Article 16(2).**_

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_**2.**_ _**In cases referred to in Article 21, point (b), a direct application shall be submitted to the**_

_**Office by the applicant.**_

_**In such cases, the application shall comprise:**_

_**(a)**_ _**the product specification referred to in Article 9;**_

_**(b)**_ _**the single document referred to in Article 10;**_

_**(c)**_ _**the accompanying documentation referred to in Article 11.**_

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3. _**In cases referred to in Article 21, point (c), an**_ application for registration _**of**_ a _**third-**_

_**country**_ geographical _**indication**_ shall be submitted to the Office ▌ either directly by the

applicant ▌ or by the competent authority of the third country concerned _**, as applicable**_

_**under the third country's law**_ . The applicant ▌ and the competent _**authority**_ of the third

country concerned shall be considered _**to be parties**_ to the registration procedure.

_**In such cases, the application shall comprise:**_

_**(a)**_ _**the product specification referred to in Article 9;**_

_**(b)**_ _**the single document referred to in Article 10;**_

_**(c)**_ _**the accompanying documentation referred to in Article 11;**_

_**(d)**_ _**legal proof of protection of the geographical indication in the third country of**_

_**origin;**_

_**(e)**_ _**proof of power of attorney where the applicant is represented by an agent.**_

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_**4.**_ _**Where a joint application is submitted in accordance with Article 8(5), the application to**_

_**the Office shall be submitted by:**_

_**(a)**_ _**the competent authority of one of the Member States concerned, where the cross-**_

_**border geographical area is located in more than one Member State;**_

_**(b)**_ _**the competent authority of the Member State concerned, where the cross-border**_

_**geographical area is located in both a Member State and a third country;**_

_**(c)**_ _**the third-country applicant, or by the competent authority of one of the third**_

_**countries concerned, where the cross-border geographical area is located in more**_

_**than one third country.**_

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_**5.**_ _**A joint application as referred to in Article 8(5) shall include, as applicable, the**_

_**documents listed in paragraphs 1, 2 and 3 of this Article, from the Member States or**_

_**third countries concerned. The related national phase of the registration procedure**_

_**referred to in Articles 14, 15 and 16 shall be conducted in all Member States concerned,**_

_**except where Article 12(2) applies.**_

_**6.**_ _**Applications shall be submitted electronically, using the digital system for the electronic**_

_**submission of applications to the Office referred to in Article 67.**_

7. After receipt _**of an application**_, the Office shall _**publish it**_ in the Union register of

geographical indications for craft and industrial products _**(‘the Union register’) referred to**_

_**in Article 37**_ . _**The product specification referred to in paragraph 1, point (d) of this**_

_**Article shall be kept up to date.**_

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_**8.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article 69 to**_

_**supplement this Regulation by setting out procedures and conditions applicable to the**_

_**preparation and submission of applications to the Office.**_

_**9.**_ _**The Commission may adopt implementing acts laying down detailed rules on the**_

_**procedures for, and the form and presentation of applications to the Office, including in**_

_**relation to applications concerning more than one national territory. Those**_

_**implementing acts shall be adopted in accordance with the examination procedure**_

_**referred to in Article 68(2).**_

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Article 23

Examination of the application and publication for the purposes of opposition

1. _**An**_ application _**submitted in accordance**_ with Article _**22 shall be examined by the Office,**_

_**within the Geographical Indications Division. The Office**_ shall ▌ check that:

(a) there are no manifest errors;

(b) the information provided _**pursuant to Article 22(1), (2) or (3), as applicable,**_ is

complete; and

(c) the single document is precise and technical in nature and in accordance with Article

10.

2. The examination _**carried out**_ _**pursuant to paragraph 1**_ _**of this Article**_ shall take into

account the outcome of the ▌ national phase of the registration procedure in the Member

State concerned, except where Article _**20 applies**_ .

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3. The examination ▌ referred to in paragraph 1 shall _**be carried out within six**_ months of the

receipt of the application. _**Where**_ the examination period exceeds or is likely to exceed _**six**_

months, the Office shall inform the applicant _**in writing**_ of the reasons for the delay ▌ .

4. The Office may seek supplementary information from the _**competent authority of the**_

Member State concerned. Where the application is submitted by _**an applicant**_ from a third

country or by the competent authority of a third country, that _**applicant**_ or that competent

authority shall provide supplementary information _**,**_ where requested ▌ by the Office.

5. Where the _**Geographical Indications Division**_ consults the Advisory Board ▌, the

applicant shall be notified thereof and the period referred to in paragraph _**3**_ shall be

suspended.

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6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that

the application is incomplete or incorrect, the Office shall send its observations to the

_**competent authority of the**_ Member State or _**, in the**_ case of _**a third-country application**_, to

the _**applicant**_ or competent authority that has submitted the ▌ application _**to the Office,**_

and request them to complete or ▌ correct the application within _**two months**_ . _**The Office**_

_**shall inform the applicant that the application will**_ be rejected _**if it is not completed or**_

_**corrected within the deadline**_ .

If the competent authority of the Member State concerned ▌ or _**, in the event of a third-**_

_**country application, the applicant**_ or competent authority _**concerned**_, does not complete

_**or correct**_ the application within the deadline, the application shall be rejected pursuant to

Article 29(1).

7. Where, based on the examination carried out pursuant to paragraph 1 of this Article, the

Office considers that the conditions laid down in this Regulation are fulfilled, it shall

publish _**,**_ for the purposes of opposition _**,**_ in the Union register _**,**_ the single document and the

reference to the _**product specification published electronically in accordance with Article**_

_**16(2)**_ . The single document shall be published in all the official languages of the Union.

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Article 24

▌Challenges _**to the national phase decision**_

1. _**The competent authority of a**_ Member _**State**_ shall _**without undue delay inform**_ the Office

▌ of any national administrative or judicial proceedings _**against that competent**_

_**authority’s decision**_ that could affect the registration of a geographical indication.

2. The Office shall be exempted from the obligation to meet the deadline _**for completing**_ the

examination set out in Article _**23(3), and shall**_ inform the applicant of the reasons for the

delay, where _**the competent authority of**_ a Member State ▌ :

(a) informs the Office that the decision referred to in Article 16(1) has been invalidated

at national level by an immediately applicable, but non-final, _**administrative or**_

judicial decision; or

(b) requests the Office to suspend the examination because national administrative or

judicial proceedings have been initiated to challenge the validity of the application ▌

.

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3. _**When the administrative or**_ judicial decision referred to in paragraph 2, point (a), has

_**become final, the competent authority of**_ the Member State shall _**inform the Office**_

_**accordingly**_ .

_**4.**_ _**The exemption set out in paragraph 2 shall have effect until the Office is informed by**_

_**the competent authority of the Member State that the reason for the suspension no**_

_**longer exists.**_

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Article 25

_**Opposition**_ procedure _**at Union level**_

1. Within _**three**_ months of the date of publication of the single document and the reference to

the electronic publication of the ▌ product specification ▌ in the Union register provided

for in Article 23(7) _**,**_ an opponent, as referred to in paragraph 2 of this Article, may lodge an

opposition ▌ with the Office ▌. The applicant and the opponent shall be considered _**to be**_

_**the parties**_ to the procedure.

2. An opponent may be the competent _**authority**_ of a Member State, or of a third country, or a

natural or legal person having _**a**_ legitimate interest and established or resident in a third

country or in another Member State _**, except**_ a national opponent _**referred to in**_ Article

15(1).

3. The Office shall check the admissibility of the opposition _**in accordance with Article 26.**_

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_**4.**_ _**Where**_ the Office considers the opposition to be admissible, it shall, within _**two months**_ of

receipt of the opposition, invite the opponent and the applicant to engage in consultations

for a reasonable period not exceeding _**three**_ months _**with a view to reaching a friendly**_

_**settlement.**_ At any time during that period, the Office may, at the _**joint**_ request _**of the**_

_**opponent and the applicant,**_ extend that period by a maximum of _**three**_ months. The

Office shall offer _**alternative dispute resolution, such as mediation, for**_ the consultations

between the applicant and the opponent, _**as referred**_ to in Article 170 of Regulation (EU)

2017/1001.

5. _**During the consultations referred to in paragraph 4,**_ the applicant and the opponent shall

provide each other ▌ with the information necessary to assess whether the application

complies with the conditions set out in this Regulation.

6. The _**Geographical Indications Division**_ may at any stage of the opposition procedure

consult the Advisory Board ▌, in which case the parties shall be notified and the period

referred to in paragraph _**4**_ shall be suspended.

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7. Within _**one**_ month of the end of the consultations referred to in paragraph _**4**_, the applicant

▌ shall _**communicate the outcome**_ of the consultations ▌ to the ▌ Office ▌.

8. Where, following the consultations, the information published in accordance with Article

_**23(7)**_ has been modified, the Office shall carry out a new examination of the modified

application. Where the application has been modified in a substantial manner and the

Office considers that the modified application meets the conditions for registration, it shall

publish the modified application in accordance with _**Article 23(7)**_ .

9. The Commission may adopt implementing acts laying down ▌ rules _**on**_ the submission of

the _**opposition and**_ specifying the format and _**the**_ online presentation of _**the reasoned**_

_**statement of opposition**_ . Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 68(2).

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Article 26

Admissibility and grounds for opposition

1. An opposition lodged in accordance with Article 25 shall be admissible only if it contains

_**all the information specified in the**_ standard form for the reasoned statement of opposition

▌ set out in Annex _**III**_ . ▌

2. _**An**_ opposition _**shall be based on one or more of the following grounds**_ :

(a) the _**proposed**_ geographical indication does not comply with the requirements for

protection laid down in this Regulation;

(b) the registration of the _**proposed**_ geographical indication would be contrary to Article

42 _**or**_ 43, or _**Article 44(2)**_ ; _**or**_

(c) the registration of the _**proposed**_ geographical indication would jeopardise the

existence of _**▌an**_ identical _**or similar**_ name _**used in the course of trade**_ or of a trade

mark, or the existence of products that have been legally on the market for at least

five years preceding the date of the publication of the application provided for in

Article 22(7).

3. _**An opposition that is not admissible in accordance with paragraph 1 shall be rejected**_ .

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_**Article 27**_

_**Notice of comments procedure**_

_**1.**_ _**Within three months of the date of publication of the single document and the reference**_

_**to the product specification in the Union register, in accordance with Article 23(7), a**_

_**competent authority of a Member State or of a third country, or a natural or legal person**_

_**having a legitimate interest and established or resident in another Member State or in a**_

_**third country, may lodge a notice of comments with the Office.**_

_**2.**_ _**A notice of comments shall point out any inaccuracy or contain additional information**_

_**in relation to the application, including possible infringement of other Union law. It**_

_**shall not confer any rights on its author or trigger an opposition procedure. The notice**_

_**of comments shall not be based on the grounds for opposition and the author of the**_

_**notice of comments shall not be considered to be a party to the procedure.**_

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_**3.**_ _**The Office shall communicate the notice of comments to the applicant and shall take it**_

_**into consideration when deciding on the application, except where the notice of**_

_**comments is unclear or obviously incorrect.**_

_**4.**_ _**The Commission may adopt implementing acts laying down rules on the submission of**_

_**the notice of comments and specifying its format and online presentation. Those**_

_**implementing acts shall be adopted in accordance with the examination procedure**_

_**referred to in Article 68(2).**_

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Article 28

Transitional periods for the use of _**a**_ geographical _**indication**_

1. Without prejudice to Article _**44**_, at the time of registration _**of the geographical indication**_,

the Office may decide to grant a transitional period of up to _**five**_ years to allow, for

products originating in a Member State or a third country _**,**_ the designation of which

consists of or contains a name that is in breach of Article 40, the continued use of _**the**_

designation under which they were marketed, provided that an admissible ▌ opposition,

under Article 15 or 25, to the application for registration of the geographical indication of

which the protection is contravened, _**has shown**_ that:

(a) the registration of the geographical indication would jeopardise the existence of _**an**_

_**identical or similar name used in the course of trade**_ for the purposes of product

designation; _**or**_

(b) such products have been legally marketed with that name for the purposes of product

designation in the territory concerned for at least five years preceding the date of the

publication _**of the application**_ provided for in Article 22(7) _**.**_

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2. The Office _**may grant a transitional period of**_ up to 15 years or may decide to extend the

transitional period granted under paragraph 1 up to a total period of 15 years _**,**_ provided it is

additionally shown that:

(a) the name referred to in paragraph 1 has been in legal use consistently and fairly for at

least 25 years before the application for the registration of the geographical

indication concerned was submitted to the Office;

(b) the purpose of using the name referred to in paragraph _**1**_ has not, at any time, been to

profit from the reputation of the name that has been registered as a geographical

indication; and

(c) the consumer has not been or could not have been misled as to the true geographical

origin of the products.

3. _**Decisions granting or extending**_ a transitional period _**, as**_ referred to in _**paragraphs 1 and**_

_**2,**_ shall be published in the Union register ▌ .

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4. D _**uring the transitional period,**_ when using a name referred to in paragraph 1, the

indication of the country of origin shall clearly and visibly appear on the labelling _**and,**_

_**where applicable, as part of the product description where the product is marketed on an**_

_**online sales website**_ .

5. _**With a view to**_ achieving the long-term objective of ensuring that all producers of a

product _**designated by**_ a geographical indication in the geographical area concerned

comply with the related product specification, a Member State may grant a transitional

period for achieving compliance of up to _**ten**_ years, _**taking**_ effect from the date on which

the application is submitted to the Office, provided that the operators concerned have

legally marketed the product in question, using the name concerned continuously for at

least _**five**_ years preceding the lodging of the application to the _**competent authority**_ of that

Member State and have referred to that fact in the national opposition procedure referred to

in Article 15.

6. Paragraph 5 shall apply, _mutatis mutandis_ _**,**_ to a geographical indication referring to a

geographical area situated in a third country _**. The obligation to refer in the national**_

opposition procedure _**to the continuous use as referred to in that paragraph shall not**_

_**apply to geographical indications referring to a geographical area in a third country**_ .

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Article 29

_**Decision of**_ the Office on the application

1. Where, on the basis of the information available to the Office from the examination carried

out pursuant to Article 23, the Office considers that any of the requirements referred to in

that Article is not fulfilled, it shall _**reject**_ the application.

2. Where _**, on the basis of the information available to the Office from the examination**_

_**carried out pursuant to**_ Article _**23,**_ the Office _**considers that the requirements of this**_

_**Regulation are met and**_ no admissible _**opposition has been received**_, the Office shall

_**register the geographical indication**_ .

3. Where the Office has received an admissible ▌ opposition, and an agreement has been

reached following the consultations referred to in Article _**25(4)**_, the Office, after checking

that the agreement complies with the Union law, shall _**register the geographical**_

_**indication**_ . If necessary, in _**the event**_ of non-substantive modifications to the information

published pursuant to Article _**23(7)**_, the Office shall _**update**_ that information.

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4. Where the Office has received an admissible ▌ opposition _**,**_ but no agreement has been

reached following the consultations referred to in Article _**25(4)**_, the Office shall _**examine**_

_**whether the opposition is well-founded. The Office shall assess the grounds for the**_

_**opposition in relation to the territory of the Union. Based on that assessment, the Office**_

_**shall either reject the opposition and register the name as a geographical indication, or**_

_**reject the application**_ .

5. Decisions _**of the Office**_ in accordance with paragraphs 2, 3 and 4 of this Article ▌ shall ▌,

where appropriate, _**specify**_ any conditions applicable to the registration and _**, in the event of**_

_**non-substantive modifications, the Office shall republish, for information purposes, the**_

_**information published pursuant to Article 23(7)**_ .

6. Decisions adopted by the Office shall be published in the Union register _**in all**_ the official

languages of the Union. A reference to the ▌ decision published in the Union register shall

be published _**in all the official languages of the Union**_ in the _Official Journal of the_

_European Union_ ▌.

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Article 30

Decision _**of**_ the Commission on the application

1. In relation to applications referred to in Article 21, the Commission may take over from the

Office, at any time before the end of the registration procedure, on its own initiative _**or at**_

_**the request of the competent authority**_ of a Member State or _**of**_ the Office, the power to

decide on the application where the _**registration of the proposed geographical indication**_

_**might be contrary to public policy, or where such**_ registration _**or the rejection of the**_

_**application might jeopardise the Union’s trade or external relations**_ .

_**2.**_ _**Where the Commission has taken over the procedure from the Office as referred to in**_

_**paragraph 1 of this Article, the Office shall provide the Commission with a draft of the**_

_**decision referred to in Article 29 (1) to (5).**_

_**3.**_ _**The Commission shall adopt any decisions referred to in paragraphs 1 and 2**_ _**of this**_

_**Article, by means of implementing acts. Those implementing acts shall be adopted in**_

_**accordance with the examination procedure referred to in Article 68(2) and shall be**_

_**published in the Union register.**_

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_**4.**_ _**Paragraphs 1, 2 and 3 shall apply, mutatis mutandis, to procedures for amendment of**_

_**the product specification and for cancellation of the registration.**_

_**5.**_ _**For the purposes of paragraphs 1, 2 and 3**_ _**of this Article, the Office shall ensure that the**_

_**Commission has access, through the digital system**_ _**for the electronic submission of**_

_**applications to the Office referred to in Article 67, to documents concerning**_

_**applications, requests for amendment of the product specification and requests for**_

_**cancellation.**_

6. ▌The Commission shall adopt implementing acts _**setting out the procedure applicable to**_

_**the situations referred to in paragraph 1**_ _**of this Article**_ . Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 68(2) ▌.

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Article 31

Amendment of the product specification

1. _**The applicant in whose name a geographical indication has been registered, or**_ a

producer _**using a geographical indication in accordance with Article 47(1), may request**_

the approval of an amendment to the product specification of that registered geographical

indication.

2. Amendments to the product specification shall be classified into two categories:

(a) Union amendments _**as referred to in paragraph 3**_, requiring an opposition procedure

at Union level, and

(b) standard amendments examined at Member State or _**third-country**_ level.

3. An amendment shall be considered a Union amendment where it requires a revision of the

single document and where any of the following conditions are met:

(a) the amendment consists of a change in the name _**protected as a geographical**_

_**indication**_, or in the use of that name _**;**_

(b) there is a risk that the amendment would _**undermine**_ the link between the

geographical area and the product as referred to in the single document _**; or**_

(c) the amendment entails restrictions on the marketing of the product.

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4. _**In relation to a request for a**_ Union amendment _**, the steps of the national and Union**_

_**phase as set out in Articles 7, 8 and 14 to 30,**_ shall _**apply**_ _mutatis mutandis_ _**. A decision on**_

_**a request for a Union amendment shall be taken by the Office or, where Article 30**_

_**applies, by the Commission**_ ▌.

5. Any ▌amendment to the product specification of a registered geographical indication _**,**_

_**other than those referred to in paragraph 3, shall be considered to be a standard**_

amendment _**and shall fall within the competence of the Member State or the third**_

_**country in which the product originates. Standard amendments, once approved**_, shall be

_**communicated to the Office by the relevant competent authority.**_

_**Where Article 20 applies,**_ standard _**amendments shall be approved by the Office**_ .

_**6.**_ _**A standard amendment shall be considered temporary where it concerns a temporary**_

_**change in the product specification resulting from the imposition of obligatory sanitary**_

_**measures by the public authorities, from a natural disaster or from adverse weather**_

_**conditions recognised by the competent authorities, or from a man-made disaster, such**_

_**as a war, a threat of a war or a terrorist attack.**_

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7. A _**request**_ for amendment submitted by _**the competent authority of**_ a third country or by

producers established in a third country shall contain proof that the requested amendment

complies with the law on the protection of geographical indications in force in that third

country.

8. _**Where a request**_ for a Union amendment concerning a geographical indication designating

a product originating in a Member State also relates to standard amendments, _**only**_ the

Union amendment ▌ shall be _**examined by the Office or the Commission in accordance**_

_**with paragraph 4. ▌**_

_**9.**_ Where appropriate, _**the competent authority**_ of the Member State concerned or the Office

may invite the applicant _**in whose name the geographical indication has been registered**_

to modify other elements of the product specification _**.**_

10. The Office shall publish _**Union and standard**_ amendments _**, once approved,**_ ▌ in the Union

register ▌ .

11. The Commission may adopt implementing acts laying down detailed rules on the

procedure for and form and presentation of a request for a Union amendment, and on the

procedure for, and form of, standard amendments and the communication of such

amendments to the Office. Those implementing acts shall be adopted in accordance with

the examination procedure referred to in Article 68(2).

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Article 32

Cancellation

_**1.**_ _**The registration of a geographical indication shall be cancelled where the geographical**_

_**indication was registered contrary to Article 42(1), Article 43(1) or (2), or Article 44(2).**_

2. _**The registration of a**_ geographical indication _**may be cancelled where**_ :

(a) ▌ compliance of the product with the product specification can no longer be ensured;

(b) no product has been placed on the market under the geographical indication for a

consecutive period of _**at least five**_ years.

3. _**The registration of a geographical indication may also be cancelled at the request**_ of the

_**applicant in whose name the geographical indication is registered**_ .

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_**4.**_ _**A request for cancellation pursuant to paragraphs 1 and 2 may be submitted by the**_

_**competent authority of a Member State or of a third country, or by a natural or legal**_

_**person having a legitimate interest.**_

_**5.**_ _**The Commission or the Office may initiate a cancellation procedure on their own**_

_**initiative, on the grounds set out in paragraph 2.**_

6. _**The steps of the national phase and the Union phase as set out in**_ Articles 7, _**8, 14, 15, 16**_

_**and 20**_ to 30 shall apply _**,**_ _mutatis mutandis_ _**,**_ ▌ to the cancellation procedure.

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7. Before deciding to cancel the registration of a geographical indication, the Office shall _**, in**_

_**the cases referred to in paragraphs 4 and 5**_ _**of this Article, inform the applicant in whose**_

_**name the geographical indication is registered. Before deciding to cancel**_ the registration

of _**a third-country**_ geographical indication _**, the Office shall consult the competent**_

_**authorities of the third country concerned**_ . If the geographical indication was registered

pursuant to Article _**20, the Geographical Indications Division may**_ consult the Advisory

Board _**and the single point of contact of the Member State concerned**_ .

_**8.**_ _**When the registration of a geographical indication is cancelled, the Union register shall**_

_**be updated accordingly.**_

_**9.**_ _**This Article shall not apply to third-country geographical indications that are protected**_

_**in the Union under the Geneva Act or under another international agreement to which**_

_**the Union is a contracting party.**_

10. The Commission _**shall**_ adopt implementing acts laying down detailed rules on the

procedures for and form of cancellation, as well as on the presentation of the requests for

cancellation referred to in paragraphs _**1,**_ 2 and 3 of this Article. Those implementing acts

shall be adopted in accordance with the examination procedure referred to in Article 68(2).

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Article 33

Appeal

1. Any party to a procedure provided for in this Regulation that is adversely affected by _**a**_

decision taken by the Office in that procedure may submit an appeal to the Boards of

Appeal, referred to in Article 36 ('the Boards of Appeal’), against that decision. ▌Member

States shall ▌ have the right to join the _**appeal**_ .

_**2.**_ _**The appeal shall have suspensive effect. A decision of the Office that has not been**_

_**contested shall take effect on the day following the date of expiry of the period referred**_

_**to in paragraph 4, first subparagraph.**_

3. A decision _**that**_ does not terminate proceedings as regards one of the parties shall only be

appealed in the context of an appeal of the final decision.

4. _**The**_ notice of appeal shall be submitted in writing _**to**_ the Office within _**two**_ months of the

date of publication of the contested decision. The notice of appeal shall be considered to ▌

have been duly submitted only when the fee for appeal has been paid.

In _**the event**_ of an appeal, a written statement setting out the grounds of appeal shall be

submitted to the Office within _**four**_ months of the date of publication of the contested

decision.

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5. Following an examination of the admissibility of the appeal, the Boards of Appeal shall

decide on its _**merits**_ . The Boards of Appeal shall either exercise any power within the

competence of the Geographical Indications Division responsible for the _**contested**_

decision _**,**_ or remit the case to that Geographical _**Indications**_ Division ▌.

The Boards of Appeal may, on _**their**_ own initiative or upon a written, reasoned request of a

party, consult the Advisory Board.

The Office _**shall offer alternative dispute resolution, such as**_ mediation services _**as**_

_**referred**_ to Article 170 of Regulation (EU) 2017/1001, with a view to assisting the parties

to reach a friendly settlement.

6. Actions may be brought before the General Court against decisions of the Boards of

Appeal in relation to appeals, within two months of the date of _**notification**_ of the decision

of the Boards of Appeal, on the grounds of infringement of an essential procedural

requirement, infringement of the _**Treaty on the Functioning of the European Union**_,

infringement of this Regulation or of any rule of law relating to its application, or of

misuse of power. The action shall be open to any party to _**the**_ proceedings before the

Boards of Appeal adversely affected by their decision and to any Member State. The

General Court shall have jurisdiction to annul or to alter the contested decision.

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7. The decisions of the Boards of Appeal shall take effect _**on the day following**_ the date of

expiry of the ▌ period _**referred to in paragraph 6**_ or, where an action has been brought

before the General Court within that period, on the date _**following the date**_ of dismissal of

such action or of _**dismissal of**_ any appeal filed with the Court of Justice against the

decision of the General Court. _**The Office shall take the necessary measures to comply**_

_**with the judgement of the General Court or, in the event of an appeal against that**_

_**judgement, the Court of Justice.**_

8. The Commission is empowered to adopt delegated acts in accordance with Article 69 to

supplement this Regulation by specifying:

(a) the content of the notice of appeal referred to in paragraph 4 of this Article and the

procedure for the submission and the examination of an appeal _**;**_ and

(b) the content and the form of the decisions of the _**Boards**_ of Appeal as referred to in

paragraph 5 of this Article.

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## Section 2 Organisation and tasks of the Office ▌

Article 34

Geographical Indications Division _**for craft and industrial products**_

1. A Geographical Indications Division _**for craft and industrial products shall be established**_

_**within**_ the Office _**. That Geographical Indications Division**_ shall be responsible for taking

decisions ▌ in relation to:

(a) an application for registration of a geographical indication;

(b) a request for amendment _**of**_ the product specification;

(c) an opposition to an application or to a request for amendment of the product

specification;

(d) entries in the Union register ▌ ;

(e) a request for cancellation of the registration of a geographical indication .

2. Decisions on oppositions and requests for cancellation shall be taken by a panel of three

members. At least one member shall be legally qualified. All other decisions _**under**_

paragraph 1 shall be taken by a single member _**having appropriate qualifications**_ .

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Article 35

▌ Advisory Board

1. An Advisory Board _**shall be**_ established to deliver an opinion where provided for in this

Regulation.

2. The Geographical Indications Division and the Boards of Appeal may, and at the request

of the Commission shall, consult the Advisory Board _**on questions**_ concerning _**an**_

_**application**_ at any stage of the procedures for registration, including opposition, ▌ appeal,

amendment of the product specification and cancellation of the registration, as referred to

in Articles 23, 25 _**, 26, 29, 31, 32**_ and 33 _**. The Advisory Board may also be consulted on**_

_**horizontal**_ matters _**, such as**_ :

(a) the assessment of the quality criteria;

(b) the establishment of the reputation _**of a product**_ ;

(c) the determination of the generic nature of a name;

_**(d)**_ _**the assessment of the link between a product’s characteristics and its geographical**_

_**origin;**_

(e) ▌ the risk of confusing consumers in cases of conflict between geographical

indications and trade marks, homonyms or names of existing products _**that**_ are

legally marketed.

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3. The Geographical Indications Division _**and, where applicable,**_ the Boards of Appeal _**may**_

consult the Advisory Board concerning the possible registration ▌ as geographical

indications of names that are the subject of direct applications as referred to in Article _**20**_ .

4. The opinions of the Advisory Board shall be delivered in a panel of three members and

shall be non-binding.

5. The Advisory Board shall be composed of one representative of each Member State and

one _**representative**_ of the Commission, and their respective alternates. _**Where necessary,**_

_**recognised experts in the field of geographical indications or in the product category**_

_**concerned, including representatives of regions and academia shall be invited to provide**_

_**expertise to the Advisory Board.**_

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6. The mandates of the members of the Advisory Board shall be of a duration of up to _**five**_

years and may be renewed.

7. The Office shall make public the list of members of the Advisory Board on its website and

shall keep that list up to date.

8. Procedures concerning the appointment of the members of the Advisory Board and its

operation shall be specified in its rules of procedure as approved by the Management

Board _**established under Article 153 of Regulation (EU) 2017/1001**_ and shall be made

public. _**Members of the Advisory Board shall not have any conflict of interest.**_

9. The Office shall provide the logistic support necessary for the Advisory Board and provide

a secretariat for its meetings.

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Article 36

Boards of Appeal

_**The Boards of Appeal established**_ under Article 165 of Regulation (EU) 2017/1001 ▌ shall be

competent for deciding on appeals _**against**_ the decisions _**adopted by the Office under**_ this

Regulation.

_**Article 37**_

_**Union register of geographical indications for craft and industrial products**_

_**1.**_ _**An electronic Union register shall be established and maintained by the Office for the**_

_**purposes of management of geographical indications for craft and industrial products. It**_

_**shall be easily accessible to the public and in a machine-readable format..**_

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_**2.**_ _**Upon the taking effect of a decision registering a geographical indication in accordance**_

_**with Article 29 or 30, the Office shall enter the following data in the Union register:**_

_**(a)**_ _**the name registered as a protected geographical indication ( ‘protected**_

_**geographical indication’);**_

_**(b)**_ the _**type of product for which the geographical indication has been registered;**_

_**(c)**_ _**the name of the applicant in whose name the geographical indication has been**_

_**registered;**_

_**(d)**_ _**the reference to the decision registering the geographical indication;**_

_**(e)**_ _**the country or countries of origin of the product for which the geographical**_

_**indication has been registered.**_

_**3.**_ Third-country _**geographical indications that are protected in the Union under an**_

_**international agreement to which the Union is a contracting party may be entered in the**_

_**Union register, if the Commission so decides. In such case, the Commission shall adopt**_

_**an implementing act, following which the geographical indications shall be entered in**_

_**the Union register by the Office. That implementing act shall be adopted in accordance**_

_**with the examination procedure referred to in Article 68(2).**_

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_**4.**_ _**A geographical indication shall be entered in the Union register in its original script.**_

_**Where the original script does not use Latin characters, the geographical indication**_

_**shall be transcribed in Latin characters and both versions of the geographical indication**_

_**shall be entered in the Union register and shall have equal status.**_

_**5.**_ _**The Office shall keep the documentation related to the registration of a geographical**_

_**indication in digital or paper form for the period of validity of the geographical**_

_**indication, and, in the event of rejection of the application or cancellation of the**_

_**registration, for 10 years after such rejection or cancellation .**_

_**6.**_ _**The running costs of the Union register shall be covered by the Office’s operational**_

_**budget.**_

_**7.**_ _**The Commission may adopt implementing acts setting out the IT architecture and**_

_**presentation of the Union register. Those implementing acts shall be adopted in**_

_**accordance with the examination procedure referred to in Article 68(2).**_

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_**Article 38**_

_**Extracts from the Union register**_

_**1.**_ _**The Office shall ensure that any person is able to easily download**_ _**from the Union**_

_**register, in a machine-readable format and free of charge, an official extract that**_

_**provides proof of registration of the geographical indication, and other relevant data,**_

_**including the date of application or other date relevant for claiming priority. The official**_

_**extract may be used as an authentic certificate.**_

2 _**.**_ _**The Commission shall adopt implementing acts specifying the format and online**_

_**presentation of extracts from the Union register. Those implementing acts shall be**_

_**adopted in accordance with the examination procedure referred to in Article 68(2).**_

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_**Article 39**_

_**Technical support**_

_**1.**_ _**Upon request by the Commission, the Office shall carry out the examination of, and the**_

_**administrative tasks pertaining to, third-country geographical indications:**_

_**(a)**_ _**protected or proposed for protection under an international agreement to which**_

_**the Union is a party, other than the Geneva Act; or**_

_**(b)**_ _**proposed for protection under an international agreement under negotiation by the**_

_**Union.**_

_**2.**_ _**On the basis of information received from the Commission, the Office shall make public,**_

_**and, in the event of changes, update, the list of the international agreements protecting**_

_**geographical indications for craft and industrial products to which the Union is a**_

_**contracting party, as well as the list of geographical indications protected under those**_

_**agreements.**_

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## TITLE III PROTECTION OF GEOGRAPHICAL INDICATIONS

Article 40

Protection of geographical indications

1. Geographical indications entered in the Union register ▌ shall be protected against:

(a) any direct or indirect commercial use of the geographical indication in respect of

products not covered by the registration, where those products are _**comparable**_ to the

products _**covered by the**_ registration or where the use of the name exploits, weakens,

dilutes, or is detrimental to the reputation of, the protected geographical indication;

(b) any misuse, imitation or evocation of the name protected as a geographical

indication, even if the true origin of the products or services is indicated or if the

protected geographical indication is translated or accompanied by an expression such

as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, _**'flavour', ‘fragrance**_ ’,

‘like’ or similar;

(c) any other false or misleading indication as to the provenance, origin, nature or

essential qualities of the product that is used on the inner or outer packaging, _**on**_

advertising _**materials, in**_ documents or information provided on _**online interfaces**_

relating to the _**product, as well as**_ 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**_ .

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2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall

be deemed to arise, in particular, where a _**sufficiently**_ direct and clear link with the product

covered by the registered geographical indication _**is created**_ in the mind of the _**average**_

_**European**_ consumer _**who is reasonably well-informed and reasonably observant and**_

_**circumspect**_ .

3. _**The protection of geographical indications**_ shall also apply to _**any use of**_ a domain name

_**that is contrary to paragraph 1**_ .

4. The protection _**of geographical indications**_ shall also apply in respect of:

(a) goods entering the customs territory of the Union without being released for free

circulation within that territory; and

(b) goods sold by means of distance selling, such as electronic commerce.

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5. The producer group or any producer that is entitled to use the protected geographical

indication shall be entitled to prevent third parties from bringing goods, in the course of

trade, into the Union without being released for free circulation there, where such goods,

including their packaging, come from third countries and are in breach of paragraph 1.

6. A geographical indication protected under this Regulation shall not become a generic term

within the Union.

7. Where a geographical indication is a compound name which contains a generic term, the

use of that term shall not constitute conduct referred to in paragraph 1, points (a) and (b).

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Article 41

Parts or components in manufactured products

1. Article 40 shall be without prejudice to the use of a protected geographical indication by

producers in conformity with Article 47 to indicate that a manufactured product contains

_**or incorporates**_, as a part or component, a product designated by that geographical

indication, provided that such use is made in accordance with honest commercial practices

and does not _**exploit,**_ weaken, dilute, or is not detrimental to, the reputation of the

geographical indication.

2. A protected geographical indication designating a part or component of a manufactured

product shall not be used in the sales designation of that product, except _**where the**_

_**applicant in whose name the geographical indication has been registered has given its**_

_**consent to such use**_ .

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Article 42

Generic terms

1. _**A**_ generic _**term**_ shall not be registered as a geographical indication.

2. To establish whether or not a term is generic, account shall be taken of all relevant factors,

in particular:

(a) the existing situation in areas of consumption;

(b) the relevant Union or national law.

Article 43

_**Homonyms**_

1. An application submitted after a wholly or partly homonymous _**name has**_ been applied for

or protected _**as a geographical indication**_ in the Union shall be rejected _**,**_ unless there is a

sufficient distinction in practice between the two homonymous _**names as regards**_ their

conditions of local and traditional usage and their presentation, taking into account the

need to ensure that the producers concerned receive equitable treatment and _**the need to**_

_**ensure**_ that consumers are not misled as to the true identity or geographical origin of the

products.

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2. A name that is wholly or partly homonymous to a name applied for or protected as a

geographical indication in the Union, and _**that is liable to mislead**_ the consumer as to the

true geographical origin of a product shall not be registered even if the name of the actual

territory, region or place of origin of the product in question is accurate.

3. For the purposes of this Article, a name ‘applied for or protected _**as a geographical**_

_**indication**_ in the Union’ refers to:

(a) geographical indications entered in the Union register ▌ ;

(b) geographical indications that have been applied for _**,**_ provided that they are

subsequently entered in the Union register ▌ ;

(c) appellations of origin and geographical indications protected in the Union pursuant to

▌ Regulation (EU) 2019/1753; and

(d) geographical indications, names of origin and equivalent terms protected pursuant to

an international agreement between the Union and one or more third countries.

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Article 44

_**Relationship between geographical indications and**_ trade marks

_**1.**_ _**An application for the registration of a trade mark, the use of which would be contrary**_

_**to Article 40, shall be rejected if it is submitted after the date on which the application**_

_**for the registration of the geographical indication has been submitted to the Office.**_

_**Where applicable, any priority claimed in the application for the registration of the trade**_

_**mark shall be taken into account.**_

_**2.**_ _**An application for the registration of**_ a geographical indication _**shall be rejected**_ where, in

the light of a trade mark _**with a**_ reputation _**or a well-known mark,**_ the name proposed as a

geographical indication _**would be liable to**_ mislead the consumer as to the true identity of

the product.

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_**3.**_ _**The Office and, where applicable, the national competent authorities shall, upon**_

_**request, invalidate trade marks registered in breach of paragraph 1.**_

_**4.**_ _**Without prejudice to paragraph 3 of this Article, a trade mark, the use of which is**_

_**contrary to Article 40 of this Regulation, which has been applied for, registered, or**_

_**established by use in good faith within the Union, if that possibility is provided for by the**_

_**applicable law, before the date on which the application for registration of the**_

_**geographical indication is submitted to the Office, may continue to be used and renewed**_

_**notwithstanding the registration of the geographical indication, provided that no**_

_**grounds for invalidity or revocation of the trade mark exist under Directive (EU)**_

_**2015/2436 of the European Parliament and of the Council**_ _**[25]**_ _**or Regulation (EU)**_

_**2017/1001. In such cases, the use of the geographical indication and of the relevant**_

_**trade mark shall be permitted.**_

_**5.**_ _**Guarantee or certification marks referred to in Article 28(4) of Directive (EU) 2015/2436**_

_**and in Article 83 of Regulation (EU) 2017/1001, and collective marks referred to in**_

_**Article 29(3) of Directive (EU) 2015/2436 and in Article 74 of Regulation (EU)**_

_**2017/1001, may be used on labels and packaging, together with the geographical**_

_**indication.**_

**25** _**Directive (EU) 2015/2436 of the European Parliament and of the Council of 16**_
_**December 2015 to approximate the laws of the Member States relating to trade marks**_
_**(OJ L 336, 23.12.2015, p. 1).**_

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Article 45

Tasks of producer groups

1. _**Producer groups**_ shall _**operate**_ in a transparent _**, open and non-discriminatory**_ manner _**and**_

_**in a manner that allows**_ all producers of the product designated by a geographical

indication _**to join the producer group at any point in time**_ .

Member States may provide that public _**bodies**_, and other stakeholders such as consumer

groups, retailers and suppliers, _**can**_ also participate in the work of the producer group.

2. _**Producer groups shall ensure that producers within the group continuously comply with**_

_**the corresponding product specification when using the protected geographical**_

_**indication and Union symbol in the market.**_ A producer group may, in particular, exercise

the following rights and carry out the following _**tasks**_ :

(a) prepare _**and amend**_ the product specification and _**set up**_ internal _**compliance checks**_

to ensure that the production steps are compliant _**with the product specification**_ ▌ ;

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(b) take legal action to ensure the protection of the geographical indication and of _**any**_

_**other**_ intellectual property _**right that is**_ directly connected with _**the product**_ ;

(c) agree to undertake commitments with regard to sustainability, whether or not

included in the product specification or as a separate initiative ▌;

(d) take measures to improve the performance of the geographical indication, including:

(i) designing, organising and carrying out collective marketing and advertising

campaigns;

(ii) dissemination of information and undertaking promotion activities, for the

purpose of communicating _**to consumers**_ the attributes of the product

designated by the geographical indication ▌ ;

(iii) carrying out analyses of the economic performance, sustainability of

production and technical characteristics of the product designated by the

geographical indication;

(iv) dissemination of information on the geographical indication and the Union

symbol; and

(v) providing advice and training to existing and future producers, including on

gender mainstreaming and equality;

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(e) combat counterfeiting and suspected fraudulent uses _**in**_ the internal market of a

geographical indication for a product that is not in compliance with the product

specification, by monitoring the use of the geographical indication across the internal

market and _**in third-country**_ markets where that geographical indication is protected,

including on _**online interfaces**_, and, where necessary, _**by**_ informing enforcement

authorities ▌ ;

_**(f)**_ _**develop activities to ensure that the product designated by the geographical**_

_**indication is compliant with the product specification; and**_

_**(g)**_ _**take any other action to ensure that the geographical indication benefits from**_

_**adequate legal protection, including, where appropriate, by notifying the**_

_**competent authorities, in accordance with Article 51(5), Article 52(3) and Article**_

_**54(2).**_

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Article 46

Protection of geographical indication rights in domain names

Country-code top-level domain name registries established in the Union shall ensure that any

alternative dispute resolution _**procedures for**_ domain names _**recognise registered**_ geographical

indications as _**a right that can be invoked in those procedures**_ .

Article 47

Right to use

1. A registered geographical indication may be used by any producer _**of**_ a product _**that is**_

_**compliant with the corresponding product specification**_ .

2. _**Producers**_ shall ensure ▌ _**that**_ their _**products are compliant with the corresponding**_

_**product specification**_ .

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Article 48

Union symbol, indication and abbreviation

1. The Union symbol established for ‘protected geographical indications’ under Delegated

Regulation (EU) No 664/2014 shall be applicable to geographical indications for craft and

industrial products.

2. _**For**_ craft and industrial products originating in the Union that are marketed under a

geographical indication, the Union symbol may appear on the labelling and advertising _**or**_

_**communication**_ material. The geographical indication shall be in the same field of vision

as the Union symbol.

3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’

may appear on the labelling of products designated by a geographical indication for craft

and industrial products.

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4. The Union symbol, indication and abbreviation may be used on the labelling of and

advertising _**or communication**_ material for manufactured products where the geographical

indication refers to a part or component thereof. In that case, the Union symbol, indication

or abbreviation shall be placed next to the name of the part or component that is clearly

identified as a part or component. The Union symbol, indication or abbreviation shall not

be placed in a manner that suggests to the consumer that _**it is**_ the name of the manufactured

product as a whole _**,**_ rather than the name of a part or component of the product, that is

protected _**by the geographical indication**_ .

5. The Union symbol, indication or abbreviation, as relevant, may appear on the labelling of a

product _**and, where applicable, on advertising or communication material for the**_

_**product,**_ only after the publication of the decision for the registration of the geographical

indication in accordance with Article _**29(6) or 30(3), as applicable.**_

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6. The following may also appear on the labelling _**of a product and, where applicable, on**_

_**advertising or communication material for the product**_ :

(a) depictions of the geographical area of origin, as referred to in the product

specification; and

(b) text, graphics or symbols referring to the Member State or the region in which that

geographical area is located.

7. The Union symbol associated with a third-country geographical indication entered in the

Union register ▌, may appear on the ▌ labelling of, and on advertising or communication

material, _**for the product. In that case**_, paragraph 2 shall apply.

8. The Commission may adopt implementing acts specifying the technical characteristics of

the Union symbol and indication as well as the rules concerning their use on the products

marketed under a registered geographical indication, including rules concerning the

linguistic versions to be used. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in Article 68(2).

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## TITLE IV CONTROLS AND ENFORCEMENT

_**Article 49**_

_**Scope**_

_**1.**_ _**This Title covers controls in relation to geographical indications for craft and industrial**_

_**products.**_

_**2.**_ _**The**_ _**controls referred to in paragraph 1 shall include the following:**_

_**(a)**_ _**verification that a product designated by a geographical indication is in**_

_**compliance with the corresponding product specification;**_

_**(b)**_ _**monitoring of the use of geographical indications in the market, including in**_

_**electronic commerce.**_

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Article 50

Designation of competent authorities

1. Member States shall designate _**one or more**_ competent authorities responsible for _**the**_

controls _**provided for in this Title**_ . ▌

2. _**The**_ competent authorities referred to in paragraph 1 shall be objective _**and impartial and**_

_**act in a transparent manner**_ . They shall have at their disposal ▌ qualified staff and the

resources necessary to carry out their functions _**efficiently**_ .

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Article 51

Verification of compliance _**based on self-declaration**_

1. _**For a product designated by a geographical indication and originating in the Union, the**_

_**verification of**_ compliance with the _**corresponding**_ product specification _**shall be carried**_

_**out by means of a self-declaration. The self-declaration shall be made using the standard**_

_**form set out in Annex I and shall contain the required information as specified in that**_

_**Annex**_ .

2. ▌Prior to placing _**the product**_ on the market _**, producers shall submit a self-declaration to**_

_**the competent authority referred to in Article 50(1). Once the product is on the market,**_

_**producers shall resubmit a self-declaration every three years to demonstrate continued**_

compliance of the product with the product specification _**. Where the product specification**_

_**is amended in a way that affects the product concerned, the self-declaration**_ shall be

_**updated without delay.**_ ▌

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3. _**The competent authority shall check, at least, that the information provided in the self-**_

_**declaration is complete and consistent. Where the competent authority is satisfied that**_

_**the information provided in the self-declaration is complete and consistent and it has no**_

_**other reservations concerning compliance, the competent authority shall issue a**_

_**certificate of authorisation to use the geographical indication for**_ the product _**concerned**_

_**or renew the existing certificate. In the event of obvious errors or inconsistencies in the**_

_**self-declaration, the producer**_ shall be _**given the possibility of completing or correcting**_

_**the self-declaration.**_ ▌

4. _**Verification based on self-declaration shall not prevent**_ producers _**from having**_

_**compliance**_ of the ▌ product with the product specification _**verified by**_ product

_**certification bodies or natural persons**_ .

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5. _**For the purpose of verifying that the product covered by a self-declaration is compliant,**_

_**controls, which can take place before and after**_ the product _**has been placed on the**_

_**market, shall be carried out, based on a risk analysis and, if available, on notifications**_

_**by interested producers of products designated by the geographical indication, by:**_

_**(a)**_ _**the competent authority; or**_

_**(b)**_ _**one or more product certification bodies or natural persons to which control tasks**_

_**have been delegated in accordance with Article 55.**_

_**6.**_ _**In the event of non-compliance, the competent authority shall take the necessary**_

_**measures to remedy the situation.**_

_**7.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article 69 to**_

_**amend this Regulation by modifying, where relevant, the information and requirements**_

_**in relation to the standard form set out in Annex I.**_

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_**Article 52**_

_**Verification of compliance by a competent authority or by product certification bodies or natural**_

_**persons**_

_**1.**_ _**As an alternative to the procedure set out in Article 51, Member States may provide for**_

_**the verification of compliance of the product with the corresponding product**_

_**specification by means of controls, carried out before and after the product has been**_

_**placed on the market, by:**_

_**(a)**_ _**one or more competent authorities referred to in Article 50(1); or**_

_**(b)**_ _**one or more product certification bodies or natural persons to which control tasks**_

_**have been delegated in accordance with Article 55.**_

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_**2.**_ _**Where controls carried out before placing the product on the market demonstrate**_

_**compliance of the product with the product specification, the competent authority shall**_

_**issue a certificate of authorisation to use the geographical indication for the product**_

_**concerned.**_

_**3.**_ _**Controls carried out after the product has been placed on the market shall be based on a**_

_**risk analysis and, if available, on notifications by interested producers of products**_

_**designated by a geographical indication. Where such controls demonstrate compliance**_

_**of the product with the product specification, the competent authority shall renew the**_

_**certificate of authorisation.**_

_**4.**_ _**In the event of non-compliance, the competent authority shall take the necessary**_

_**measures to remedy the situation.**_

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_**Article 53**_

_**Verification of compliance of products originating in a third country**_

_**In respect of third-country geographical indications, verification of compliance with the**_

_**corresponding product specification before placing the product on the market shall be carried out**_

_**by:**_

_**(a)**_ _**a competent authority designated by the third country; or**_

_**(b)**_ _**one or more product certification bodies.**_

_**Article 54**_

_**Monitoring of the use of geographical indications in the market**_

_**1.**_ _**The competent authorities referred to in Article 50(1) shall monitor the use of**_

_**geographical indications in the market, irrespective of whether the products concerned**_

_**are in storage or transit, or being distributed or offered for sale at wholesale or retail**_

_**level, including in electronic commerce.**_

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_**2.**_ _**For the purposes referred to in paragraph 1**_ _**of this Article, the competent authorities**_

_**referred to in Article 50(1) shall carry out controls, based on a risk analysis and, if**_

_**available, on notifications by interested producers of products designated by a**_

_**geographical indication. Where necessary, those authorities shall take appropriate**_

_**administrative and judicial steps to prevent or stop the use of names on products or**_

_**services that are produced, provided or marketed in their territory and that contravene**_

_**the protection of geographical indications provided for in Articles 40 and 41.**_

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Article 55

Delegation _**of**_ control tasks

1. Competent authorities may delegate ▌ the control tasks _**referred to in Article 51(5), Article**_

_**52(2) and (3) and Article 54(2) to one or more product certification bodies or natural**_

_**persons**_ .

_**2.**_ The delegating competent authority shall ensure that the ▌product certification body or the

natural person, to which the _**control tasks referred to in paragraph 1 are**_ delegated, have

the powers necessary to perform those tasks _**effectively.**_

3. The delegation of ▌ control tasks shall be in writing and _**subject to**_ the following

conditions:

(a) the delegation contains a precise description of the ▌ control tasks delegated to the

product certification body or the natural person, and the conditions under which it

may perform those tasks;

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(b) where the ▌ control _**tasks**_ are delegated to product certification bodies, those product

certification bodies:

(i) have at their disposal the expertise, equipment _**, infrastructure and resources**_

required to _**efficiently**_ perform the ▌ delegated control tasks;

(ii) have a sufficient number of suitably qualified and experienced staff; _**and**_

(iii) act in a _**transparent manner and are**_ impartial and free from any conflict of

interest; in particular _**, the impartiality of their conduct shall not be at risk of**_

_**being directly or indirectly affected**_ as regards the performance of the

delegated ▌ control tasks; ▌

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(c) where the ▌ control _**tasks**_ are delegated to natural persons, those natural persons:

(i) have at their disposal the expertise, equipment _**, infrastructure and resources**_

required to _**efficiently**_ perform the ▌ delegated control tasks;

(ii) are suitably qualified and experienced; _**and**_

(iii) act in a _**transparent manner and are**_ impartial and free from any conflict of

interest as regards the performance of the ▌ delegated control tasks; ▌

(d) there are arrangements in place to ensure that there is efficient and effective

coordination between the delegating competent authorities and the ▌ product

certification bodies _**or**_ natural persons.

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Article 56

Obligations of ▌ product certification bodies and natural persons

The product certification bodies or natural persons _**,**_ to which ▌ control tasks have been delegated in

accordance with Article 55, shall:

(a) communicate the outcome of ▌ controls and related activities to the delegating competent

authorities on a regular basis and whenever those authorities so request;

(b) immediately inform the delegating competent authorities whenever the outcome of ▌

controls indicates non-compliance or points to the likelihood of non-compliance, unless

specific arrangements, as established between the delegating competent authorities and the

▌ product certification body or the natural person concerned, provide otherwise; and

(c) _**cooperate with and provide assistance**_ to the delegating competent authorities _**, and give**_

_**those authorities**_ access to their premises and _**to documentation related to the delegated**_

_**control tasks**_ .

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Article 57

Obligations of ▌ the delegating competent authorities

1. Competent authorities that have delegated ▌ control tasks to ▌ product certification bodies

or natural persons _**,**_ in accordance with Article 55, shall _**fully or partly revoke the**_

_**delegation without delay, where**_ :

(a) _**there is evidence that the product certification body or natural person is failing to**_

_**perform the delegated control tasks properly**_ ;

(b) _**the product certification body or natural person fails to take appropriate and timely**_

_**action to remedy the identified shortcomings; or**_

(c) the independence or impartiality of the ▌ product certification body or natural person

has been compromised.

_**2.**_ _**The delegating competent authorities may also revoke the delegation for reasons other**_

_**than those referred to in paragraph 1.**_

3. The delegating competent authorities may _**organise audits or inspections of product**_

_**certification bodies or natural persons at any time, where necessary**_ .

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Article 58

Public information on competent authorities, product certification bodies and natural persons

1. Member States shall make public the names and _**contact details**_ of the competent

authorities _**,**_ designated _**pursuant to Article 50(1),**_ and of the product certification bodies

_**and**_ natural persons, referred to in Article _**51(5), point (b) and Article 52(1), point (b),**_ and

update that information _**when changes occur**_ .

2. _**In relation to third countries,**_ the Office shall make public _**, where available,**_ the names

and _**contact details**_ of the competent authorities and product certification bodies referred to

in Article _**53**_ and update that information _**when changes occur**_ .

3. The Office _**shall**_ establish a digital portal where the names and _**contact details**_ of the

competent authorities and ▌ product certification bodies _**and**_ natural persons referred to in

paragraphs 1 and 2 are made public.

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Article 59

Accreditation of product certification bodies

1. The product certification bodies referred to in Article _**55 shall comply with and be**_

_**accredited, depending on their activities,**_ in accordance with _**the following standards**_ :

(a) European standard _**EN**_ ISO/IEC 17065 ▌ ‘Conformity assessment — Requirements

for bodies certifying products, processes and services’, ▌ European standard _**EN**_

ISO/IEC 17020 ▌ ‘Conformity assessment — Requirements for the operation of

various types of bodies performing inspection’ _**and European standard EN**_

_**ISO/IEC 17025 ‘General requirements for the competence of testing and**_

_**calibration laboratories’, including any revisions or amended versions of those**_

_**standards**_ ; or

(b) other suitable, internationally recognised standards ▌ .

2. Accreditation referred to in paragraph 1 of this Article shall be performed by an

accreditation body _**,**_ recognised in accordance with Regulation (EC) No 765/2008, that is a

member of _**the**_ European _**co-operation for**_ Accreditation, or _**, for third-country product**_

_**certification bodies, by a recognised**_ accreditation body outside the Union that is a

member of the _**International Accreditation Forum**_ (IAF) _**or the International Laboratory**_

_**Accreditation Cooperation (ILAC)**_ .

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Article 60

Orders to act against illegal content _**online**_

_**1.**_ _**Any information related to the advertising, promotion and sale of products to which**_

_**persons established in the Union have access that contravenes the protection of**_

_**geographical indications provided for in Articles 40 and 41 of this**_ Regulation _**shall be**_

_**considered**_ to be _**illegal content**_ _**within the meaning of**_ _**Article 3, point (h) of Regulation**_

_**(EU) 2022/2065**_ .

_**2.**_ _**Relevant national judicial or administrative**_ authorities of the Member States may _**, in**_

_**accordance with Article 9 of Regulation (EU) 2022/2065,**_ issue an order to act _**against**_

_**one or more specific items of illegal content, as referred to in paragraph 1 of this Article.**_

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Article 61

Penalties

Member States shall lay down ▌ rules on penalties applicable to infringements of this Regulation

and shall take all measures necessary to ensure that they are implemented. The penalties provided

for shall be effective, proportionate and dissuasive. Member States shall, by… [OJ: please insert the

_**date of application**_ of this Regulation], notify the Commission of those rules and of those measures

and shall notify it, without delay, of any subsequent amendment affecting them.

Article 62

Mutual assistance and cooperation

1. Member States shall assist each other for the purposes of carrying out controls and

enforcement in relation to _**geographical indications protected under this Regulation**_ .

Administrative assistance may include, where appropriate and by agreement between the

competent authorities concerned, participation by the competent authorities of a Member

State in on-the-spot checks carried out by the competent authorities of another Member

State.

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2. In _**the event**_ of a possible infringement of a geographical indication, a Member State shall

take measures to facilitate the transmission from its law enforcement▌ and judicial

authorities to the competent authorities referred to in Article 50(1) of information on such

possible infringement.

_**3.**_ _**The**_ _**authorities in charge of the monitoring, as referred to in Article 54, in the Member**_

_**States shall cooperate, as appropriate and in accordance with paragraph 1**_ _**of this**_

_**Article, with other relevant authorities, departments, agencies and bodies, including**_

_**police authorities, anti-counterfeiting agencies, customs authorities, intellectual property**_

_**offices, market surveillance and consumer protection authorities and retail inspectors**_ .

_**4.**_ The Commission may adopt implementing acts specifying the nature and the type of the

information to be exchanged and the methods for exchanging information for the purposes

of controls under this Title. Those implementing acts shall be adopted in accordance with

the examination procedure referred to in Article 68(2).

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## TITLE V AMENDMENTS TO OTHER ACTS

_**▌**_ Article 63

Amendments to Regulation (EU) 2017/1001

Regulation (EU) 2017/1001 is amended as follows:

(1) In Article 151(1), the following point is inserted:

“(ba) administration and promotion of geographical indications _**for craft and industrial**_

_**products**_, in particular the tasks conferred on it under ▌ Regulation (EU) _**…/…**_ ▌ of

the European Parliament and of the Council* [+ ] and promotion of the system for the

protection of those geographical indications.

_**________________________________**_

_*****_ _**Regulation (EU) …/… of the European Parliament and of the Council of … on**_

_**the protection of geographical indications for craft and industrial products and**_

_**amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ…).**_ ”;

**+** OJ: please insert in the text the number of this Regulation, and insert the number, the date
and the OJ reference in the corresponding footnote.

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_**(2)**_ _**In Article 153(1), the following point is added:**_

_**“(n)**_ _**adopting the rules of procedure of the Advisory Board referred to in Article**_

_**35(8) of Regulation (EU) …/…**_ [+] . _**”;**_

_**(3)**_ _**In Article 170, paragraph 2 is replaced by the following:**_

_**“2.**_ _**Any natural or legal person may use the Centre’s services on a voluntary basis**_

_**with the aim of reaching a friendly settlement of disputes, based on this**_

_**Regulation, Regulation (EC) No 6/2002 or Regulation (EU)…/…**_ _**[+]**_ _**, by mutual**_

_**agreement.”.**_

**+** OJ: please insert in the text the number of this Regulation.

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Article 64

Amendments to Regulation (EU) 2019/1753

Regulation (EU) 2019/1753 is amended as follows:

(1) Article 1 is amended as follows:

(a) paragraph 2 is replaced by the following:

“2. For the purposes of this Regulation, the term ‘geographical indications’ covers

appellations of origin within the meaning of the Geneva Act, including

designations of origin within the meaning of Regulations (EU) No 1151/2012

and (EU) No 1308/2013, as well as geographical indications within the

meaning of Regulations (EU) No 1151/2012, (EU) No 1308/2013, (EU) ▌

                                            - [+]
2019/787 and (EU) _**…**_ /… of the European Parliament and of the Council . In

respect of appellations of origin relating to craft and industrial products which

are the subject of an international registration, protection in the Union shall be

construed as specified in Articles 6 and 40 of Regulation (EU) _**…**_ /… _**[++]**_ _**.**_

**+** OJ: please insert in the text the number of this Regulation, and insert the number, the date
and the OJ reference in the corresponding footnote.
**++** OJ: please insert in the text the number of this Regulation.

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_**________________________________**_

_*****_ _**Regulation (EU) …/… of the European Parliament and of the Council of …**_

_**on the protection of geographical indications for craft and industrial**_

_**products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753**_

_**(OJ…).**_ ”;

(b) the following paragraph is added:

“3. For the purposes of this Regulation, ’ _**the**_ Office‘ means the European Union

Intellectual Property Office _**, established under Article 2 of Regulation (EU)**_

_**2017/1001 of the European Parliament and of the Council***_ .

______________________________

_*****_ _**Regulation (EU) 2017/1001 of the European Parliament and of the Council**_

_**of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p.**_

_**1).**_ ”;

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(2) Article 2 is amended as follows:

(a) paragraphs 1 and 2 are replaced by the following:

“1. Upon the accession of the Union to the Geneva Act and thereafter on a regular

basis, the Commission or the Office shall, in their respective capacity as

Competent Authority within the meaning of Article 3 of the Geneva Act as

specified in Article 4(1) of Decision (EU) 2019/1754, file applications for the

international registration of geographical indications protected and registered

under Union law and pertaining to products originating in the Union pursuant

to Article 5(1) and (2) of the Geneva Act with the International Bureau of the

World Intellectual Property Organization (‘the International Bureau’).

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2. For the purposes of paragraph 1, Member States may request the Commission

or, in respect of geographical indications for craft and industrial products, the

Office, to register in the International Register geographical indications that

originate in the territory of a Member State and that are registered and

protected under Union law. Such requests shall be based on:

(a) a request by a natural person or legal entity as referred to in point (ii) of

Article 5(2) of the Geneva Act or by a beneficiary as defined in point

(xvii) of Article 1 of the Geneva Act; or

(b) their own initiative.”;

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(b) the following paragraph is added:

“4. In respect of requests to register geographical indications for craft and

industrial products in the International Register, the Office shall, in its capacity

_**as**_ Competent Authority _**within the meaning of**_ Article 3 of the Geneva Act as

specified in Article 4(1) of Decision (EU) 2019/1754, proceed on the basis of

_**the**_ decision on granting protection in accordance with Articles 21 to _**37**_ of

Regulation (EU) _**…/…**_ _**[+]**_ .”;

(3) In Article 3, the following paragraph is added:

“4. In respect of geographical indications for craft and industrial products, the Office

shall request the International Bureau to cancel a registration in the International

Register of a geographical indication originating in a Member State in any of _**the**_

circumstances referred to in paragraph 1.”;

**+** OJ, please insert the number of this Regulation.

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(4) In Article 4, paragraph 1 is replaced by the following:

“1. The Commission or, in respect of geographical indications for craft and industrial

products, the Office shall publish any international registration notified by the

International Bureau pursuant to Article 6(4) of the Geneva Act, which concerns a

geographical indication registered in the International Register in respect of which

the Contracting Party of Origin, as defined in point (xv) of Article 1 of the Geneva

Act, is not a Member State.”;

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(5) In Article 5, paragraph 1 is replaced by the following:

“1. The Commission or, in respect of geographical indications for craft and industrial

products, the Office shall assess any international registration notified by the

International Bureau pursuant to Article 6(4) of the Geneva Act concerning a

geographical indication registered in the International Register and in respect of

which the Contracting Party of Origin, as defined in point (xv) of Article 1 of the

Geneva Act, is not a Member State, in order to determine whether it includes the

mandatory contents laid down in Rule 5(2) of the Common Regulations under the

Lisbon Agreement and the Geneva Act (the ‘Common Regulations’), and the

particulars concerning the quality, reputation or characteristics as laid down in Rule

5(3) of the Common Regulations.” ;

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(6) Article 6 is amended as follows:

(a) paragraph 1 is replaced by the following:

“1. Within four months of the date of publication of the international registration in

accordance with Article 4, the competent authorities of a Member State or of a

third country other than the Contracting Party of Origin as defined in point (xv)

of Article 1 of the Geneva Act, or a natural or legal person having a legitimate

interest and established in the Union or in a third country other than the

Contracting Party of Origin, may lodge an opposition with the Commission or,

in respect of geographical indications for craft and industrial products, the

Office. The opposition shall be in one of the official languages of the Union.”;

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(b) in paragraph 2, point (e) is deleted;

(c) paragraph 3 is replaced by the following:

“3. The grounds for opposition set out in paragraph 2 shall be assessed by the

Commission or, in respect of geographical indications for craft and industrial

products, the Office, in relation to the territory of the Union or part thereof.”;

(7) Article 7 is amended as follows:

(a) paragraphs 1 and 2 are replaced by the following:

“1. Where, based on the assessment carried out pursuant to Article 5, the

conditions laid down in that Article are fulfilled and no opposition or no

admissible opposition has been received, the Commission shall, as appropriate,

by means of an implementing act, reject any inadmissible opposition and

decide to grant protection of the geographical indication. That implementing

act shall be adopted in accordance with the examination procedure referred to

in Article 15(2). In respect of geographical indications for craft and industrial

products, the Office shall reject any inadmissible opposition and decide to

grant protection of the geographical indication.

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2. Where, based on the assessment carried out pursuant to Article 5, the

conditions laid down in that Article are not fulfilled or an admissible

opposition as set out in Article 6(2) has been received, the Commission shall,

by means of an implementing act, decide whether to grant protection of a

geographical indication registered in the International Register. That

implementing act shall be adopted in accordance with the examination

procedure referred to in Article 15(2). In respect of geographical indications for

craft and industrial products, the decision whether to grant protection shall be

adopted by the Office ▌ or, in cases referred to in Article 30 of Regulation

(EU) _**…/…**_ _**[+]**_, by the Commission _**. Where the decision to grant protection is**_

_**adopted by the Commission**_ it shall do so by means of an implementing act

adopted in accordance with the examination procedure referred to in Article

_**15(2) of this Regulation**_ .”;

**+** OJ, please insert the number of this Regulation.

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(b) paragraphs 4 and 5 are replaced by the following:

“4. In accordance with Article 15(1) of the Geneva Act, the Commission or, in

respect of geographical indications for craft and industrial products, the Office

shall notify the International Bureau of the refusal of the effects of the

international registration concerned in the territory of the Union, within _**twelve**_

_**months**_ of the receipt of the notification of international registration in

accordance with Article 6(4) of the Geneva Act ▌ .

_**5.**_ _**The Commission may, on its own initiative or following a duly substantiated**_

_**request by a Member State, a third country or a natural or legal person**_

_**having a legitimate interest, withdraw, in whole or in part, by means of an**_

_**implementing act, a refusal previously notified to the International Bureau.**_

_**That implementing act shall be adopted in accordance with the examination**_

_**procedure referred to in Article 15(2).**_

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Where a _**refusal has been notified by the Office to the International Bureau in**_

_**respect of the protection of geographical indications, the Office may, on its own**_

_**initiative or following a duly substantiated request by a Member State, a third**_

_**country or a natural or legal person having a legitimate interest, withdraw, in**_

_**whole or in part, that refusal.**_

_**The Commission or, in respect of geographical indications for craft and industrial**_

_**products, the Office shall notify the International Bureau of such withdrawal**_

_**without delay.";**_

(8) In Article 8(1) the following subparagraph is added:

“In respect of geographical indications for craft and industrial products, the first

subparagraph shall apply _mutatis mutandis_ to the decisions of the Office.”;

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(9) Article 9 is replaced by the following:

“Article 9

Invalidation of the effects in the Union of a _**third-country**_ geographical indication

registered in the International Register

1. The Commission or, in respect of geographical indications for craft and industrial

products, the Office may, on its own initiative or following a duly substantiated

request by a Member State, a third country or a natural or legal person having a

legitimate interest, invalidate, in whole or in part the effects of protection in the

Union of a geographical indication, in one or more of the following circumstances:

(a) the geographical indication is no longer protected in the Contracting Party of

Origin;

(b) the geographical indication is no longer registered in the International Register;

(c) there is no longer compliance with the mandatory contents laid down in rule

5(2) of the Common Regulations or with the particulars concerning the quality,

reputation or characteristics as laid down in Rule 5(3) of the Common

Regulations.

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2. The Commission shall adopt implementing acts for the purpose of paragraph 1 of this

Article. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 15(2) of this Regulation and only after

the natural persons or legal entities as referred to in point (ii) of Article 5(2) of the

Geneva Act or the beneficiaries as defined in point (xvii) of Article 1 of the Geneva

Act have been given an opportunity to defend their rights.

3. Where the invalidation is no longer subject to appeal, the Commission, or in respect

of geographical indications for craft and industrial products, the Office shall notify

the International Bureau without delay of the invalidation of the effects in the

territory of the Union of the international registration of the geographical indication

in accordance with point (a) or (c) of paragraph 1.”;

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(10) In Article 11, paragraph 3 is replaced by the following:

“3. In respect of an appellation of origin originating in a Member State which is party to

the Lisbon Agreement, for a product falling within the scope of Regulation (EU)

_**…/…**_ _**[+]**_, but not yet protected under that Regulation, the Member State concerned

shall, on the basis of a request by a natural person or legal entity referred to in point

(ii) of Article 5(2) of the Geneva Act or a beneficiary as defined in point (xvii) of

Article 1 of the Geneva Act, or on its own initiative, choose to request either:

_**(a)**_ the registration of that appellation of origin under Regulation (EU) _**…/…**_ _**[+]**_ ; or

_**(b)**_ the cancellation of the registration of that appellation of origin in the

International Register.

**+** OJ, please insert the number of this Regulation.

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The Member State concerned shall notify the Office of its choice pursuant to the first

subparagraph of this paragraph, and lodge the respective request _**by … [OJ: please**_

_**insert the date: twelve months from the date of entry into force**_ of _**this Regulation]**_ .

The registration procedure provided for in Article 70 (4) of Regulation (EU) _**…**_ /… _**[+]**_

shall apply _mutatis mutandi_ _**s**_ ▌.

In the case referred to in first subparagraph, point (a) of this paragraph, the Member

State concerned shall request the international registration of that appellation of

origin under the Geneva Act, if that Member State has ratified or acceded to the

Geneva Act pursuant to the authorisation referred to in Article 3 of Decision (EU)

2019/1754, within _**twelve**_ months of the date of registration of the geographical

indication under Regulation (EU) _**…/…**_ _**[+]**_ .

**+** OJ, please insert the number of this Regulation.

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The Member State concerned shall, in coordination with the Office, verify with the

International Bureau whether there are any modifications to be made under Rule 7(4)

of the Common Regulations for the purpose of the registration under the Geneva Act.

The Office shall authorise the Member State concerned to provide for the necessary

modifications and to notify the International Bureau.

If the registration under Regulation (EU) _**…/…**_ _**[+]**_ is refused and the related

administrative and judicial remedies have been exhausted, or if the request for

registration under the Geneva Act has not been made pursuant to the third

subparagraph of this paragraph, the Member State concerned shall, without delay,

request the cancellation of the registration of that appellation of origin in the

International Register.”;

(11) in Article 15(1) the following point is added:

“(e) for craft and industrial products falling within the scope of Regulation (EU) _**…/…**_ _**[+]**_,

by the Committee for Craft and Industrial Geographical Indications ▌ established by

Article 68 of that Regulation.”.

**+** OJ, please insert the number of this Regulation.
**+** OJ, please insert the number of this Regulation.

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# ANNEX GIP.INST EN

TITLE VI

## **_FEES_**

_**▌Article 65**_

_**Fees**_

_**1.**_ _**Member States may charge fees to cover the costs of the national phase of the**_

_**procedures provided for in this Regulation, in particular the costs incurred in the**_

_**processing of applications, oppositions, requests for amendment of the product**_

_**specification, requests for cancellation and appeals.**_

_**2.**_ _**Member States may charge fees or impose charges to cover the costs of controls carried**_

_**out pursuant to Title IV of this Regulation.**_

_**3.**_ _**The Office shall charge a fee in respect of:**_

_**(a)**_ _**the direct registration procedure, as referred to in Article 20;**_

_**(b)**_ _**the procedure concerning third-country geographical indications, referred to in**_

_**Article 21, point (c); and**_

_**(c)**_ _**appeals before the Boards of Appeal, as referred to in Article 33.**_

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_**4.**_ _**The Office may charge a fee in respect of requests for amendment of the product**_

_**specification and in respect of requests for cancellation, where the geographical**_

_**indication was registered pursuant to one of the procedures referred to in point (a) or (b)**_

_**of paragraph 3.**_

_**5.**_ _**Any fees charged under this Regulation shall be reasonable, proportionate and shall**_

_**take into account the situation of MSMEs in order to foster the competitiveness of**_

_**producers. Those fees shall not exceed the costs incurred for performing the tasks under**_

_**this Regulation.**_

_**6.**_ _**The Commission shall adopt implementing acts to determine the amounts of the fees to**_

_**be charged by the Office and the ways in which they are to be paid or, in the case of the**_

_**fee for appeals before the Boards of Appeal, reimbursed. Those implementing acts shall**_

_**be adopted in accordance with the examination procedure referred to in Article 68(2).**_

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## TITLE VII SUPPLEMENTARY PROVISIONS

Article 66

Procedural languages

1. All documents and information sent to the Office in respect of the procedures under this

Regulation shall be in one of the official languages of the Union.

2. For the tasks conferred on the Office under this Regulation, the languages of the Office

shall be all the official languages of the Union in accordance with Regulation No 1 [26] .

**26** Regulation No 1 determining the languages to be used by the European Economic
Community (OJ 17, 6.10.1958, p. 385).

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Article 67

IT system

_**1.**_ The Office shall establish and maintain the digital system for the electronic submission of

applications to the Office _**,**_ the Union register _**referred to in Article 37, and the digital**_

_**portal**_ referred to in Article _**58(3)**_ .

_**2.**_ _**The digital system**_ _**for the electronic submission of applications to the Office shall be**_

_**available in all the official languages of the Union. It shall be easily accessible to the**_

_**public, in a machine-readable and commonly used format, and shall be used for the**_

_**submission of applications to the Office pursuant to Article 21. In addition, that digital**_

_**system shall have the capacity to be used by the Member States at the national phase of**_

_**the registration procedure.**_

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Article 68

Committee procedure

1. The Commission shall be assisted by the _**Committee for**_ Craft and Industrial Geographical

Indications. That committee shall be a committee within the meaning of Regulation (EU)

No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall

apply.

Article 69

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles _**11, 20, 22, 33 and 51**_ shall be

conferred on the Commission for a period of seven years from [ _OJ: please insert the date_

_of entry into force of this Regulation_ ▌]. The Commission shall draw up a report in respect

of the delegation of power not later than nine months before the end of the seven-year

period. The delegation of power shall be tacitly extended for periods of an identical

duration, unless the European Parliament or the Council opposes such extension not later

than three months before the end of each period.

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3. The delegation of power referred to in _**Articles 11, 20, 22, 33 and 51**_ may be revoked at

any time by the European Parliament or by the Council. A decision to revoke shall put an

end to the delegation of power specified in that decision. It shall take effect _**on**_ the day

following the publication of the decision in the _Official Journal of the European Union_ ▌

or at a later date specified therein. It shall not affect the validity of any delegated acts

already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each

Member State in accordance with the principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

6. A delegated act adopted pursuant to _**Article 11, 20, 22, 33 or 51**_ shall enter into force only

if no objection has been expressed either by the European Parliament or by the Council

within a period of two months of notification of that act to the European Parliament and the

Council or if, before the expiry of that period, the European Parliament and the Council

have both informed the Commission that they will not object. That period shall be

extended by two months at the initiative of the European Parliament or of the Council.

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## TITLE VIII TRANSITIONAL AND FINAL PROVISIONS

Article 70

Existing names and transitional protection

1. _**By … [**_ _OJ, please enter the date:_ _**twelve months after the date of application of this**_

_**Regulation],**_ national specific protection for geographical indications for craft and

industrial products shall cease to exist _**, and pending applications shall be considered not**_

_**to have been submitted, unless a request pursuant to paragraph 2 is made**_ .

2. By ... _[OJ, please enter the date:_ _**twelve months**_ _after the date of_ _**application**_ _of this_

_Regulation]_ ▌, interested Member States shall inform the Commission and the Office ▌

which of their legally protected names or _**,**_ in the Member States where there is no

protection system, which of their names established by usage _**,**_ they wish to register and

protect pursuant to this Regulation.

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_**3.**_ _**On the basis of a request made pursuant to paragraph 2, national protection may be**_

_**extended in time by the Member State concerned until the registration procedure**_

_**pursuant to paragraph 4 has been completed and the decision has become final. Where**_

_**Union protection is granted, the day on which the Member State concerned has**_

_**informed the Commission and the Office, in accordance with paragraph 2, shall be**_

_**deemed the first day of protection under this Regulation.**_

4. _**Names of which the Commission is informed pursuant to paragraph 2 of this Article that**_

_**comply with**_ Articles _**3, 6, 9 and 10, shall be registered by**_ the Office _**, or, in the**_ cases

referred to in Article 30, _**by the Commission, in accordance with the procedure laid down**_

_**in**_ Articles _**22 to 30. Articles**_ 25, 26 and 27 shall not apply. However, generic terms shall

not be registered.

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Article 71

Member States’ reporting obligations

1. Member States _**shall report to the Commission by … [OJ: please enter the date:**_ four

years _**after the date of application of this Regulation], and every five years thereafter, on:**_

(a) the strategy concerning and results of all controls carried out to verify compliance

with the requirements related to the system for the protection of geographical

indications for craft and industrial products established by this Regulation _**as**_

_**referred to in Title IV;**_

_**(b)**_ _**verification of compliance based on self-declaration as referred to in Article 51;**_

(c) _**verification of compliance by a competent authority or a product certification body**_

_**or natural person**_ as referred to in Article _**52;**_

_**(d) monitoring of the use of geographical indications for craft and industrial products**_

_**in the market as referred to in**_ Article _**54;**_

_**(e) continuous compliance as referred to in Article 45(2); and**_

_**(f)**_ _**illegal content**_ on online _**interfaces as referred to in Article 60**_ .

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2. Member States concerned shall provide the Commission by … _[OJ: please enter the date:_

_**twelve**_ ▌ months _**before**_ the date of _**application**_ of this Regulation _]_ ▌ with the information

_**required under**_ Article 19 in order to derogate from the standard registration ▌ procedure.

On the basis of the information received, the Commission shall adopt a decision on the

_**request**_ of the Member State concerned to derogate from the standard registration ▌

procedure and to not designate a national authority for the _**processing of applications,**_

_**requests for amendment**_ of the product specification and requests for cancellation as

_**required by**_ Article _**12(1)**_ .

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Article 72

Review

_**1.**_ By … ▌ _[OJ: please enter the date:_ _**five years after**_ the date of _**application**_ of this

Regulation _]_ _**, and every five years thereafter**_, the Commission shall draw up a report on the

implementation of _**this**_ Regulation, accompanied by a legislative proposal for its revision,

where appropriate. _**That report shall assess, in particular, to what extent the value of the**_

_**craft and industrial products designated by a geographical indication is created within**_

_**the defined geographical area or elsewhere.**_

_**2.**_ _**By… [OJ:**_ _**please enter the date: 18 months after the date of application of this**_

_**Regulation] the Commission shall carry out an evaluation of the feasibility of an**_

_**information and alert system against the abusive use of geographical indications for**_

_**craft and industrial products in the domain name system, and submit a report with its**_

_**main findings to the European Parliament and the Council. That report shall be**_

_**accompanied by a legislative proposal, where appropriate.**_

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Article 73

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_ ▌.

It shall apply from … _**[OJ: the first day of the twenty-fifth month after the date of entry into force**_

_**of this Regulation]. However, Article 19(1) and (2), Article 35(1) Article 37(7), Articles 67, 68**_

_**and 69, and Article 71(2) shall apply from … [OJ: the date of entry into force of this Regulation]**_ .

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

Done at _**…**_,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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## Annex I

STANDARD FORM FOR THE SELF-DECLARATION REFERRED TO IN ARTICLE _**51**_

Self-declaration referred to in Article _**51 of Regulation (EU) …/… of the European Parliament**_

_**and of the Council**_ _**[1+]**_

1. Name and address of the **producer** : …

[ ▌Insert the name and address of the _**operator (**_ company or individual producer _**)**_ as well

as _**, where applicable,**_ the name and address of the _**authorised representative**_ of the

_**company or producer, that signs the self-declaration on behalf of the company or**_

_**producer**_ ]

_**2.**_ _**Producer group: …**_

_**[If applicable, insert the name and address of the producer group of which the producer**_

_**is a member]**_

**1** Regulation (EU) …/… of the European Parliament and of the Council of … on the
protection of geographical indications for craft and industrial products and amending
Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L …).
**+** OJ, please insert the number of this Regulation in the text as well as the number and date
and the OJ reference in the footnote.

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3. _**Name**_ and type of _**the product**_ : …

[ ▌Insert the ▌ name with all _**attributes**_ under which the product designated by the

geographical indication is marketed or is envisaged to be marketed and the type of goods

to which the product belongs]

4. Status of the product: …

[ _**Specify**_ whether the product is already on the market ▌ ]

5. Production sites: …

[Insert all production sites, with their address and contact details, and activities (production

steps pursuant to the product specification) carried out there]

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6. Name, ▌ number and registration date of the ▌ geographical indication: …

[ ▌ This requirement can be met by _**attaching**_ to the _**self-declaration the**_ corresponding

electronic excerpt from the register ▌ ]

7. _**Single document**_ : …

[ _**Insert the information from**_ the single document: the name _**and**_ description of the

product, including, where appropriate, _**information**_ concerning _**the**_ packaging and

labelling _**, including the possible use of the Union symbol for protected geographical**_

_**indications**_, and a concise definition of the geographical area]

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8. Description of the measures undertaken by the producer to ensure that _**the product**_

_**complies**_ with the product specification: …

[ ▌Insert all measures (controls and checks) ▌ undertaken ▌ by the producer _**itself**_, the

producer _**group or a**_ third _**party**_ since the last _**self-declaration**_ was submitted _**, together**_

_**with a summary of each measure in the table below**_ ]

|Control<br>point2|Reference<br>value3<br>(Tests)|Autocontrol<br>(AC)<br>Internal<br>Control<br>(IC) or<br>External<br>Control<br>(EC)4|Frequency5|Person<br>responsible<br>for the<br>control|Control<br>method|Reference<br>document|
|---|---|---|---|---|---|---|
||||||||

**2** _**Control point: the checkpoint step or steps within the production process where the**_
_**control measure is applied.**_
**3** _**Target reference value, if any, to be met at the control point.**_
**4** _**AC: Control performed by the producer itself; IC: Control performed by the producer**_
_**group; EC: Control performed by a product certification body or natural person.**_
**5** _**Frequency: The time interval at which the control is performed.**_

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9. Additional information: …

[ ▌Insert any further information considered relevant _**for the**_ assessment _**as to**_ whether the

product complies _**with the product specification**_, e.g. samples of the label if there are

labelling rules in the product specification ]

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10. Declaration of compliance with the requirements of the product specification:

_**I herewith declare that**_ the above-mentioned product, including its characteristics and

components, complies with ▌ the corresponding product specification. All necessary

controls and checks for the proper determination of conformity have been carried out.

_**I am**_ aware that in _**the event of making a**_ false _**statement,**_ penalties may be imposed. ▌

Signed for and on behalf of:

(place and date):

(name, function) (signature):

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## ANNEX II

STANDARD FORM FOR THE SINGLE DOCUMENT REFERRED TO IN ARTICLE 10

Single document referred to in Article 10 _**of Regulation (EU) …/… of the European Parliament**_

_**and of the Council**_ _**[1+]**_

[Insert name, as in _**point 1**_ :] ‘…’

EU _**Number**_ : [for EU use only]

1. Name(s) [of the proposed geographical indication] …

[Insert the name _**to be protected as a geographical indication**_ or, in the case of a request

for amendment of the product specification, the registered name]

2. Member State or third country …

**1** Regulation (EU) …/… of the European Parliament and of the Council of … on the
protection of geographical indications for craft and industrial products and amending
Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L …).
**+** OJ, please insert the number of this Regulation in the text as well as the number and date
and the OJ reference in the footnote.

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3. Description of the ▌ product

3.1. Type of product …

3.2. Description of the product designated by the name under _**point**_ 1. …

[ To identify the product _**,**_ use definitions and standards commonly used for that product. In

the description of the product, focus on its specificity, using measurement units and

common or technical terms of comparison, without including technical characteristics

inherent to all products of that type _**or**_ mandatory legal requirements applicable to all

products of that type ▌ ] ▌

3.3. Specific production steps that must take place in the defined geographical area …

[ _**Provide**_ justifications for any restrictions or derogations ▌ ]

3.4. _Specific rules concerning the packaging of the product_ _**designated by the**_ _name under point_

_1 …_
▌

[If _**applicable, provide**_ product-specific justifications for any restrictions ▌ ]

3.5. _Specific rules concerning the labelling of the product_ _**designated by the**_ _name under point_

_1 …_
▌

[If _**applicable, provide**_ justifications for any restrictions ▌ ]

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4. Concise definition of the geographical area …

[Where appropriate, insert a map of the _**geographical**_ area]

5. Link with the geographical area …

_**[Indicate the**_ link between the geographical area and _**the**_ given quality, ▌ reputation or

other characteristic of the product.

_**To that end, indicate the factors on which the**_ link is based ▌, including, where

appropriate, elements of the product description or production method justifying the link ▌

]

Reference to the publication of the product specification _**(to be added by the competent**_

_**authority or the Office, once available)**_

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## ANNEX III

STANDARD FORM FOR THE REASONED STATEMENT OF OPPOSITION REFERRED TO

IN ARTICLE 26

Reasoned statement of opposition referred to in Article 26 _**of Regulation (EU) …/… of the**_

_**European Parliament and of the Council**_ _**[37+]**_

1. Name of the product: …

[as _**entered**_ in the _**Union register**_ ]

2. _**Number**_ : …

[as _**entered**_ in the _**Union register**_ ]

Date of publication _**of the single document and the reference to the electronic publication**_

_**of the product specification in the Union register**_ _**provided for in Article 23(7) of**_

_**Regulation (EU) …/…**_ _**[+]**_ _**: ...**_

**37** Regulation (EU) …/… of the European Parliament and of the Council of … on the
protection of geographical indications for craft and industrial products and amending
Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L …).
**+** OJ, please insert the number of this Regulation in the text as well as the number and date
and the OJ reference in the footnote.
**+** OJ, please insert the number of this Regulation in the text.

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3. Contact details

_**Natural or legal person/organisation/competent authority**_ : …

_**▌**_

Address: …

Telephone number: …

e-mail address: …

4. _**Grounds**_ for the opposition:

▌

_**Non-compliance with specific requirements for protection laid down in Regulation (EU)**_

_**…/…**_ _**[+]**_ _**.**_

_**The proposed geographical indication would be contrary to:**_

_**–**_ _**Article 42 of Regulation (EU) …/…**_ _**[+]**_ _**;**_

_**–**_ _**Article 43 of Regulation (EU) …/…**_ _**[+]**_ _**; or**_

_**–**_ _**Article 44(2) of Regulation (EU) …/…**_ _**[+]**_ _**.**_

**+** OJ, please insert the number of this Regulation in the text.

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_**The proposed geographical indication would jeopardise the existence of an identical or**_

_**similar name used in the course of trade or of a trade mark, or the existence of products**_

_**that have been legally on the market for at least five years preceding the date of the**_

_**publication of the application provided for in Article 22(7) of Regulation (EU) …/…**_ _**[+]**_ _**.**_

5. Details in support of the opposition

_**▌**_

_**[**_ Provide _**duly substantiated reasons and a justification for the opposition, including**_ a

statement explaining the legitimate interest of the opponent, unless the opposition is

lodged by a national authority, in which case no statement of legitimate interest is

required. _**]**_

(place and date):

(name, function) (signature):

**+** OJ, please insert the number of this Regulation in the text.

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