Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2022/0089(COD)**

**PROPOSAL**

No. Cion doc.: COM(2022) 134 final/2

**Brussels, 3 May 2022**
**(OR. en)**

**7639/1/22**
**REV 1**

**AGRI 120**
**AGRISTR 17**
**AGRIORG 36**
**AGRILEG 42**
**CODEC 377**
**IA 32**

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on European Union geographical indications for
wine, spirit drinks and agricultural products, and quality schemes for
agricultural products, amending Regulations (EU) No 1308/2013, (EU)
2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No
1151/2012

Delegations will find attached document COM(2022) 134 final/2.

Encl.: COM(2022) 134 final/2

7639/1/22 REV 1 JU/ik

## LIFE.1 EN

EUROPEAN

COMMISSION

Brussels, 2.5.2022
COM(2022) 134 final/2

2022/0089 (COD)

CORRIGENDUM
This document replaces COM(2022)134 final of 31.03.2022.
Addition of the cross-references to the linked SWD and SEC documents.
Concerns all language versions.

The text shall read as follows :

Proposal for a

**REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on European Union geographical indications for wine, spirit drinks and agricultural**
**products, and quality schemes for agricultural products, amending Regulations (EU) No**

**1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No**

**1151/2012**

{SEC(2022) 197 final} - {SWD(2022) 135 final} - {SWD(2022) 136 final}

# **EN EN**

**EXPLANATORY MEMORANDUM**

**1.** **CONTEXT** **OF** **THE** **PROPOSAL**

**•** **Reasons for and objectives of the proposal**

Geographical indications (GIs) identify products having qualities, characteristics or reputation
due to natural and human factors linked to their place of origin. They are an intellectual
property right (IPR) designed to promote fair competition amongst producers by preventing
bad-faith uses of a name and fraudulent and deceptive practices. GIs guarantee authenticity to
consumers and distinguish a product in the market securing higher-value sales and exports.
GIs have been recognised internationally since 1883 [1], and protected in steps by the Union
from the 1970s (wine) to 1992 (agricultural products and foodstuffs), including the
completion of the registers [2] in 2020. Today, the EU register of geographical indications
contains almost 3500 names of wines, spirit drinks, agricultural products and foodstuffs.

The Union system of GIs is sound, however, the evaluation of the policy as well as the impact
assessment process have shown space for improvement, notably with a view to strengthening
the system of GIs, as key to provision of high quality food and protecting cultural,
gastronomic and local heritage across the Union. This concerns mainly:

     - How best to give effect to the fundamental right of producers for the IPR in their GIs
to be protected. Producers holding the intangible asset of a GI have a right to have it
protected and the Union seeks to do that as efficiently and effectively as possible,
also in time of increased use of the internet;

     - How to prevent bad faith exploitation of product names by operators who have no
rights or association with the authentic product. Enforcement, notably on the internet,
and verification of compliance also need to be reviewed;

     - How to increase sustainable production of products with GIs. As an instrument that
valorises products intrinsically linked to the natural factors and know-how of
producers in a local area, GIs are under-used for this purpose;

     - How can consumers be better informed about authentic products to address
asymmetric information. Consumer recognition of the dedicated Union symbols is
very low, pointing to a difficulty of communication;

     - How to ensure producers receive a fair return for their product with its qualities
linked to its production, and can strengthen their position in the food supply chain.

The traditional specialities guaranteed (TSG) scheme has not after 30 years of existence
delivered the expected benefits for producers and consumers. To better identify and promote
traditional agricultural products in the Union, the TSG scheme should be simplified and
clarified.

The proposal contributes to the objectives pursued by the Common Agricultural Policy
(CAP), in particular to improve the response of Union agriculture to societal demands on
economic, social and environmental sustainability outcomes of agricultural production. It will
strengthen the current system of GIs as IPRs. The proposal will increase the economic, social
and environmental outcomes of GI products, give producers more powers and responsibilities,
reduce new forms of infringements (internet), improve the effectiveness of enforcement and

1 https://www.wipo.int/treaties/en/ip/paris/
2 https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-quality/certification/qualitylabels/geographical-indications-register/

# EN 1 EN

checks that guarantee the authenticity of the products, address legislative gaps, and make the
registration procedures more efficient. Besides GIs, the proposal also addresses the rules for
TSGs, notably in clarifying their definition. On the other hand, the proposal does not make
changes to the rules for optional quality terms; these were introduced only in 2012 and their
potential first needs to be fully explored by the Member States. Finally, the proposal does not
address non-agricultural GIs; the intention of the Commission is to propose a separate
legislative act for those.

The overall goal of the GI revision is to facilitate the take up of GIs across the Union, as IP
instruments accessible to all farmers and producers of products, linked by characteristics or
reputation, and to their place of production. No changes are proposed to the fundamental
structure of the GI systems, thus maintaining the role of the Member States in the procedure
for applications related to GIs and TSGs; the high level of protection of intellectual property
rights; specificities for GIs in the wine and spirit drinks sectors; and national enforcement
within the framework of both the Official Controls Regulation and IP tools.

While the production of quality agricultural products is a strength of European agriculture,
there are geographical imbalances when it comes to the number of registered GIs across the
Union. These reflect different ‘starting points’ and experiences in preserving the gastronomic
and cultural heritage of the Member States. The GI revision should pay particular attention to
encouraging take-up in those Member States where the use of GIs is under-exploited. GIs
reward producers for their efforts to produce a diverse range of quality products, which in turn
can benefit the rural economy. This is particularly the case in less-favoured areas, in mountain
and in remote regions, where the farming sector accounts for a significant part of the economy
and where production costs and handicaps are high. An objective is also to increase the
number of registered GIs for each lower-user Member State to the Union average.

The proposal therefore addresses the following general objectives:

1. ensuring effective protection of IPR in the Union, including efficient registration
processes, to fairly reward producers for their efforts;

2. increasing the uptake of GIs across the Union to benefit the rural economy.

These two general objectives are detailed in six specific objectives:

1. improve the enforcement of GI rules to better protect IPR and better protect GIs on
the internet, including against bad faith registrations and fraudulent and deceptive
practices, and uses in the domain name system, and combat counterfeiting;

2. streamline and clarify the legal framework to simplify and harmonise the procedures
for application for registration of new names and amendments to product
specifications;

3. contribute to making the Union food system more sustainable by integrating specific
sustainability criteria;

4. empower producers and producer groups to better manage their GI assets and
encourage the development of structures and partnerships within the food supply
chain;

5. increase correct market perception and consumer awareness of the GI policy and
Union symbols to enable consumers to make informed purchasing choices;

6. safeguard the protection of traditional food names to better valorise and preserve
traditional products and production methods.

# EN 2 EN

**•** **Consistency with existing policy provisions in the policy area**

Union legislation has provided for the protection of designations of origin and geographical
indications in respect of wine since the early 1970s, spirit drinks since 1989 and agricultural
products and foodstuffs since 1992. It allows for the registration of valuable product names
produced according to a product specification in a given geographical area by producers with
recognised know-how. The proposal is consistent with existing policy provisions in the area
of GIs. Its aim is to improve the existing provisions and to provide for a simplified and
streamlined set of rules while it strengthens certain elements of GI protection, notably by
empowering producer groups and increasing the level of protection on the internet. It
encourages GI producer groups to include in the product specification requirements of higher
economic, social and environmental sustainability outcomes on a voluntary basis. To improve
the quality of registrations and the treatment of applications, it provides powers for the
Commission to use the technical assistance of an agency to examine the applications while
keeping the GI registration and the overall responsibility for GI policy with the Commission.

**•** **Consistency with other Union policies**

The proposal is consistent with the overall legal framework established for the CAP. The
proposal complements other measures aimed at ensuring the quality and diversity of the
Union’s agricultural, wine and spirit drinks production, rewarding producers fairly for their
effort, protecting the producers’ fundamental rights in the area of property, and informing
citizens and consumers about identifiable specific characteristics of products of the abovementioned sectors, in particular those linked to their geographical origin.

The Commission committed itself in the Farm to Fork Strategy [3] to contibute to the transtion
to a sustainable food system to strengthen the legislative framework of GIs and, where
appropriate, to include specific sustainability criteria. GIs are also mentioned in relation to
improved rules for strengthening the position of farmers and producer groups in the value
chain. The Farm to Fork Action Plan announces other initiatives that impact GI products, in
particular a proposal for a legislative framework for sustainable food systems, to be tabled in
2023. The present initiative on GIs was included in the Commission Work Programme 2021 [4]
under REFIT [5] initiatives, linked to the European Green Deal [6] .

As regards the climate-neutrality objective and the Union’s 2030 and 2040 climate targets,
this proposal will not negatively affect the climate.

In addition, the Commission announced in the Communication on an IP Action Plan [7] that it
would strengthen the protection system for GIs to make it more effective, including to fight
IPR infringements.

Council Conclusions on the Farm to Fork Strategy [8] welcomed a better integration of
sustainable development into European quality policy and invited the Commission to reaffirm
the relevance and importance of European quality schemes and to strengthen the legislative
framework on GIs.

3 https://ec.europa.eu/food/horizontal-topics/farm-fork-strategy_en
4 https://ec.europa.eu/info/sites/default/files/2021_commission_work_programme_annexes_en.pdf
5 https://ec.europa.eu/info/law/law-making-process/evaluating-and-improving-existing-laws/refitmaking-eu-law-simpler-less-costly-and-future-proof_en
6 https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en
7 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12510-Intellectual-propertyaction-plan_en
8 https://data.consilium.europa.eu/doc/document/ST-12099-2020-INIT/en/pdf

# EN 3 EN

**2.** **LEGAL** **BASIS,** **SUBSIDIARITY** **AND** **PROPORTIONALITY**

**•** **Legal basis**

The proposal falls within the scope of the CAP (Article 43 TFEU [9] ) and IPRs (Article 118
TFEU).

As regards the CAP, requirements and rules for the placing of agricultural products,
foodstuffs, wines, aromatised wine products and spirit drinks on the internal market and
ensuring the integrity of the internal market are matters essentially of Union competence.

**•** **Subsidiarity (for non-exclusive competence)**

By Regulation (EU) No 1308/2013, Regulation (EU) 2019/787 and Regulation (EU) No
1151/2012, the Union has established an exhaustive system for the protection of the names of
specific products to promote their unique characteristics, linked to their geographical origin as
well as traditional know-how in the field of agricultural products, wine and spirit
drinks. Member States may therefore not act individually to achieve this policy objective.
Strengthening the current system of GIs can only be achieved by action at Union level,
namely by a revision of these Regulations.

**•** **Proportionality**

The proposal comprises limited and targeted changes to the current legislative framework for
GIs which do not go beyond what is necessary to achieve the objective of strengthening the
GI system. It keeps in place the specificities of the sectors while it harmonises those rules that
are common to all sectors, notably the procedures to register a name or amend the product
specification, protection of the names, and checks and enforcement.

**•** **Choice of the instrument**

The policy on GIs requires its direct applicability in the Member States. A Regulation of the
European Parliament and of the Council is the appropriate instrument for a revision of the GI
system, taking into account that the legislation currently in force consists of:

     - GIs for agricultural products and foodstuffs — 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 [10] ;

     - GIs for wine — 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 [11] ;

     - GIs for spirit drinks — 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 [12] .

The proposal will entail a repeal of the first above-mentioned Regulation and amendments to
the latter two.

9 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN
10 OJ L 343, 14.12.2012, p. 1.
11 OJ L 347, 20.12.2013, p. 671.
12 OJ L 130, 17.5.2019, p. 1.

# EN 4 EN

**3.** **RESULTS** **OF** **EX-POST** **EVALUATIONS,** **STAKEHOLDER**
**CONSULTATIONS** **AND** **IMPACT** **ASSESSMENTS**

**•** **Ex-post evaluations/fitness checks of existing legislation**

Evaluation of Union policy on GIs and TSGs protected in the Union was carried out. Its
findings were published on 21 December 2021 in the Commission Staff Working
Document [13] . It covered altogether almost 3 400 GIs and 64 TSGs originating from the
Member States. The purpose of the evaluation was to assess to what extent the GI and TSG
policy has reached its objectives. The evaluation examined the effectiveness, efficiency,
relevance, coherence and added value at Union level of the GI and TSG framework.

The objectives of GIs and TSGs are **overall effectively** achieved. A wide range of possible
benefits for stakeholders is associated with the policy, like securing fair return and
competition for producers. However, these are not systematic in all Member States. The main
limits are the low awareness and understanding of the policy by consumers in some Member
States and certain weaknesses of the controls at the downstream stages of the value chain. The

—
other core policy objectives ensuring the respect of GIs as IPR and the integrity of the
internal market, and for TSGs to help producers of traditional products to safeguard

—
traditional methods of production and recipes are in general achieved.

The framework for GIs/TSGs is assessed to be **efficient** . GIs and TSGs provide several
benefits for producers [14], while the costs for public bodies (at Union and national levels) are
low, estimated at 0.12 % of the total sales value under GI/TSG. However, there is room for
simplification and reduction of administrative burden, notably as regards the lengthy
registration and amendment procedures, both at national and Union level.

The policy is assessed to be **relevant** for both private stakeholders and public authorities. The
objectives of GIs and TSGs are addressing the actual needs of the various stakeholders. GIs
and TSGs are considered a strong asset for rural territories and an important tool for
promoting regional identity. Strengthening GIs and TSGs through rural development support
responds primarily to the need to enhance integration. Although environmental protection and
animal welfare are not the main objectives for GI/TSG production, the surveyed producer
groups declared that some product specifications consider environmental and animal welfare
issues.

Considering **coherence**, no major incompatibility has been identified regarding the GIs and
Union trade marks, GIs/TSGs and national/regional schemes, and GIs/TSGs and other Union
policies.

In addition, there is a clear **Union added value** because GIs and TSGs contribute notably
both to the integrity of the internal market and fair trade with third countries.

As regards the **lessons learned,** besides the above mentioned weaknesses in the field of
control and enforcement (downstream market), and low awareness and understanding by
consumers, the following points can be highlighted:

     - Differences in implementation cause difficulties for enforcing producers’ IPR outside
the Member State of production. In addition, GIs cover a wide range of products and

13 https://ec.europa.eu/info/food-farming-fisheries/key-policies/common-agriculturalpolicy/cmef/products-and-markets/geographical-indications-and-traditional-specialities-guaranteedprotected-eu_en
14 The average price of GI/TSG products is twice as high than that of comparable non-GI/TSG products;
relative lower price variability for GI products; fair competition for producers in the GI/TSG value
chain; diversification of on-farm activities e.g. processing, new types of sales (direct sales, e-sales) and
agri-tourism.

# EN 5 EN

are sold through various outlets (including online sales) further hampering their
effective enforcement.

     - Another issue is closely linked to the Commission’s new political objectives, in
particular the European Green Deal and the Farm to Fork Strategy. As sustainability
concerns have become more accentuated in recent years, GI and TSG production is
not or not systematically taking them into consideration.

     - Producer groups play a pivotal role in the implementation of GIs and TSGs.
However, the evaluation found that the tasks they are entitled to conduct highly
differ among the various sectors and between the Member States as they are only
defined at Union level for the agri-food sector but not for wines and spirit drinks.

     - Lengthy and complex procedures for registration and amendments, both at national
and European level, are considered the main nuisance for producers and source of
administrative burden.

     - The limited number of products registered as TSGs, not constituting an IPR, points to
a lack of interest in this scheme and the difficulty to protect traditional production
methods across the Union.

**•** **Stakeholder consultations**

The consultation strategy elaborated for this initiative covered all aspects of the initiative
aiming at strengthening the system of GIs. It addressed various stakeholder categories: public
authorities, organisations from the farming sector, organisations from the processing sector,
European, national and sectoral federations and private companies, consumers’ organisations,
organisations from the trade sector and retail sectors; third countries, academic and research
institutes, general public and others.

All the activities announced in the communication strategy were performed as planned:

—
Roadmap Inception Impact Assessment feedback, stakeholder conference, Civil Dialogue
Group meetings and questionnaire, Member States meetings and questionnaire, and targeted
consultations of experts from the non-governmental sector.

**—**
**Roadmap** **Inception Impact Assessment feedback**

–
Overall, stakeholders welcomed the orientations set out in the Roadmap Inception Impact
Assessment [15] published for feedback on 28 October 2020. The Roadmap received 51
feedbacks.

The great majority of the respondents welcomed the Commission initiative to strengthen the
Union system of GIs. The feedback mainly focused on sustainability aspects to make part of
the product specification, and the need for improved protection and legislative clarifications.
Those who commented on the future of the TSG scheme considered that it should be
continued, clarified and simplified. A smaller number of respondents mentioned issues related
to simplification, controls and enforcement, empowering GI producer groups and issues
related to the use of the Union symbol on the label.

**Conference on “Strengthening Geographical Indications”, 25-26 November 2020**

A high-level conference was organised jointly by the Commission and the European
Intellectual Property Office (EUIPO), and served as the focal point for stakeholders to make
their views known on the range of issues dealt with in the GI revision process. A large
audience composed of GI producers, stakeholders across the food value chain, Member State

15 file:///C:/Users/dufouva/Downloads/090166e5d5274a42%20(1).pdf

# EN 6 EN

officials, international and civil society organisations, EU officials as well as students and
interested public took part of the event.

Besides the plenary opening and closing sessions, fifteen panels to discuss different issues of
the GI review took place. Sustainability issues and empowerment of producers were also
discussed to address the Farm to Fork initiative as well as ways to increase attractiveness of
GIs, and modernise and better enforce GIs in line with the IP action plan.

The recorded conference and all the material (ppt. / video / audio / gallery) is available on the
EUROPA web-page until November 2022 [16] .

**Public consultation**

From 15 January 2021 to 9 April 2021, the Commission conducted an open public
consultation in all official EU languages via EU-SURVEY. Its aim was to gather the views of
public authorities, stakeholders and the public. 302 contributions were received from
respondents from 21 Member States.

The respondents identified the **main challenges** for the GI revision:

     - Due to increased exploitation of reputation of GIs on the internet, there is a need to
**prevent fraud** and the counterfeiting of GI products.

     - GI producer groups should have **greater powers and responsibilities to manage,**
**promote and enforce their GIs.** For the time being, they are not able to take
decisions binding on their members.

     - There is a **lack of awareness of the logo**, resulting from a lack of information and
publicity about the benefits of GIs.

**Consultation of the Civil Dialogue Group (CDG) on Quality and Promotion**

The CDG members represent interests of producers, processors, retailers, consumers,
environmentalists and others. The Commission consulted the CDG Quality and Promotion
during meetings on:

     - 5 November 2020: information on the process; first discussion on the GI revision;

     - 9 March 2021: discussion on the main needs for the revision of the GIs, with a focus
on some elements including sustainability;

     - 1 July 2021: results of the public consultation and the targeted consultation of the
CDG; discussion on objectives and options;

     - 30 November 2021: presentation of the outcome of the impact assessment process.

Similarly, as detailed above, the Commission also consulted the CDG Wine during its
meetings on 5 May and 8 November 2021, and the CDG Spirit Drinks on 9 March and 29
October 2021.

The Commission also consulted the members of the CDG Quality and Promotion through a
written questionnaire on the sustainability of GIs, the labelling and the TSG.

**•** **Collection and use of expertise**

The Commission consulted experts from the Member States in the framework of the Expert
Group for Quality and Sustainability of Agriculture and Rural Development. Meetings of this
Expert Group took place on:

16 https://ec.europa.eu/info/events/strengthening-geographical-indications-digital-conference-2020-nov25_en

# EN 7 EN

     - 23 February 2021: the context, challenges and objectives, and feedback on the
Roadmap;

     - 22 April 2021: results of the public consultation and the targeted consultation of the
Expert group; overall approach;

     - 23 September 2021: policy choices.

Prior to these meetings, the Commission also collected experience about implementation of
the TSG scheme in the meeting of the Agricultural Policy Quality Committee on 19 October
2020, including in the form of a questionnaire.

The Commission also consulted the members of the Expert Group through a written
questionnaire on the sustainability of GIs, simplification of the GI system with a focus on
national process, relations with rural development policy and the TSG scheme.

As regards the **sustainability**, the driving opinion was that sustainability should not be
imposed on the GI producers, but encouraged and accompanied. The existing practices in
relation to sustainability are to be acknowledged and promoted. Member States’ experts
stressed particularly the importance of a gradual integration of sustainability requirements.
There is a need for more support (e.g. for sustainability certification, relevant investments)
and other forms of incentives (e.g. priority in funding) as well as information and promotion
actions. With regard to concerns about nutritious food and healthy diet, the main opinion was
that the focus on nutritional values and dietary needs should not dilute the concept of origin in
GIs, i.e. of quality achieved through the correlation between human factors and natural factors
in a given geographical area.

While the experts welcomed further **simplification of procedures** and reduction of
administrative burden, they also indicated that a thorough and accurate examination of GI
applications should precede over speed. Several experts favoured a better harmonisation of
the procedural rules for all sectors and advocated for better guidelines and exchange of
information to facilitate the circulation of best practices, in combination with a better
performing IT application.

With regard to the main difficulties in the **national procedure**, two main elements stand out.
First, bringing producers together in an active organisation appears to be difficult, because of
limited time and resources. Producers show reluctance to cooperate at an early stage of a GI
registration, and can disagree on the definition of the production process in a product
specification. Drafting the product specification is the second difficulty encountered by
producers: struggle in gathering evidence supporting that the product meets requirements for a
GI, unclear description of the product specificities, lack of knowledge on which information is
required, etc.

As regards the relation with **rural development interventions**, the majority of experts
indicated the objective should not be only to raise consumers’ awareness and promote the GI
policy, but also to increase producers’ competitiveness, encourage them to apply for the
protection and improve sustainability.

Experts explained that the registration procedure for **TSGs** is considered complex and
burdensome, hence clarification of criteria could be envisaged. They insisted on the fact that
allowing TSGs to be freely produced outside their country of origin refrains producers from
participating in the scheme, as they do not see the benefit of taking the registration burden.

**•** **Impact assessment**

The work on the Impact Assessment was carried out from October 2020 to September 2021,
during which an inter-service steering group met four times. Representatives of twelve

# EN 8 EN

Directorates General and Commission Services (ISSG), and of EUIPO participated in the
group. The content of the impact assessment report has been developed and improved with the
contributions and comments of the services that participated actively to this ISSG.

The Regulatory Scrutiny Board issued a negative opinion on the draft Impact Assessment
Report following the meeting on 30 June 2021. The main observations of the Board included:

     - The report does not provide a clear rationale and sufficient evidence to support the
need for action in the areas of sustainability, healthy diets, use of logos and supply
chain imbalances.

     - The report does not bring out clearly enough the available policy choices. It does not
explore sufficiently alternative combinations of policy actions that could offer a
better mix or are politically most relevant.

     - The report is not sufficiently clear on the involvement of an agency and the related

costs.

     - The report does not sufficiently differentiate the views of different stakeholders on
key issues.

The ISSG was consulted in writing during the period 10-15 September 2021 on the revised
version of the Impact Assessment Report, following the comments of the Regulatory Scrutiny
Board. Comments were duly taken into account in the revised version.

The required clarifications and complements were added in the Impact Assessment Report
and its Annexes and resubmitted to the Board on 25 September 2021. On this basis, the Board
issued a positive opinion with reservations [17] on 24 October 2021. While acknowledging
improvements in the report, the Board requested further clarifications on the following issues:

     - The selection of the preferred set of policy actions is not coherent with the rest of the
report. The report does not provide a clear identification and consistent assessment
and comparison of alternative policy action packages.

     - The report does not sufficiently justify the preferred policy action regarding the
involvement of an agency.

     - The views of different categories of stakeholders are not sufficiently reflected in the
main report.

All comments of the Board were addressed in the final version of the Impact Assessment
Report and its executive summary [18] .

The impact assessment process tested three policy options for the revision of GIs.

**—** **—**
**The first option** **Improve and support** aims at improving the instruments already in
place and providing further support to producers, Member States’ authorities and other
stakeholders. Main focus is on guidance (e.g. linked to enforcement, the assessment of files
and legal interpretation/clarification), re-enforced cooperation among Member States and
capacity building activities, including on sustainability issues. Procedures will be improved by
aligning them across the sectors. A more flexible approach towards the Union logos is
targeting their increased use by producers.

The TSG scheme is replaced by an official recognition of traditional agricultural products and
foodstuffs by Member States’ authorities with a limited list of criteria to be set at the Union

17 Insert hyperlink when published
18 Insert hyperlink when published

# EN 9 EN

level while Member States would notify the names of traditional products to the Commission
in order to be made public.

**The second option — Better define and reinforce** **—** reinforces the protection of GIs and
improves the level playing field amongst operators through a single set of control procedures
for all sectors and the development of detailed rules on the respect of GIs in relation to
internet sales. It also defines the role GI producer groups can play, on a voluntary basis, in
contributing to addressing the societal concerns on sustainability through inclusion of
sustainability criteria in product specifications, and in strengthening the management and
enforcement of their GI assets. The specific roles of GI producer groups, recognised by
Member States’ authorities, would be extended to all sectors. The use of the logo on the
product label is not obligatory and producers can decide on its size and place on the label.
Legislation will benefit from clarifications of the legal terminology, built-in flexibilities
regarding the production process and the creation of a single set of simplified procedural
rules.

As part of this option, Union management structures for assessing GIs are to be reinforced
through involvement of an existing agency in the registration procedure. While the national
level assessment would remain with Member States, an agency would provide technical
assistance to the Commission during the EU-level scrutiny of applications and oppositions.
While the Impact Assessment Report implicitly foresees decisions also taken by an agency,
for reasons of retaining close legislative control, the Commission shall take all legal decisions.

**—** —
**The third option** **Harmonise and upgrade** ensures full harmonisation through the
creation of a single Regulation containing unified enforcement and control rules. Similarly,
provisions related to protection and procedural rules will be streamlined into one single basic
act. Use of the prescribed logos is obligatory across all sectors. However, harmonisation will
not affect GI definitions and will maintain the specificities of particular sectors. Sustainability
criteria for GI production would be defined in the Union legislation and enforced via their
integration in the product specification, making them subject to official controls. In addition
to the actions provided under the previous policy option, specific guidelines on the
functioning of the GI producer groups will strengthen their position in the GI value chains and
allow for better management of their GI assets.

This option envisages to fully outsource the registration process to an existing agency, and
provides the possibility of an appeal to an appellate body. It allows for various degrees of
involvement of Member States: initial national level assessment as under current rules,
consultation of Member States or no involvement of Member States.

The TSG scheme would be abandoned. Those traditional food names that are able to meet the
criteria for a PDO or a PGI could be registered as such while other traditional names could be
registered as a trade mark.

The impact assessment has concluded that **the second option has the most merits** . This
option scores the highest as regards the comparison of costs and benefits for GI producers.
While producers will benefit from a faster and better protection, the costs, notably related to
the length of the registration procedure and resources needed, will decrease. Voluntary
inclusion by the GI producer group of sustainability criteria in the product specification would
entail additional compliance and certification costs that could be partly offset by support
measures in the framework of the rural development policy; this would meet consumers’
expectations for products with a higher ambition in sustainability aspects.

# EN 10 EN

**•** **Regulatory fitness and simplification**

The proposal is based on a regulatory fitness check and the analysis of the simplification
potential.

The proposed Regulation simplifies administration of GIs by proving for a single set of
procedural and control rules for all sectors. It harmonises the protection provisions for all
sectors as well. It thus ensures coherence and makes the system of GIs more easily
understandable for stakeholders.

The main elements of simplification are:

     - a single set of rules for application processes and controls, with benefits in terms of
coherence of rules across sectors, ending current divergences in procedures;

     - clarifications are introduced in particular in relation to IPR;

     - simpler concepts are introduced, notably in the TSG scheme, to improve their
understanding for producers and consumers

As regards the reduction of administrative burden, the proposal provides for technical
assistance in the registration procedure by an existing EU agency and full exploitation of
digital tools. The impact assessment shows that technical assistance will result in
improvements in length of time, quality of applications (due to feedback cycle), quality of
assessments and burden reduction on producers and Member States. This will require less
public administration capacity and resources, and will shorten the registration time.

The new domain name information and alert system to be established by EUIPO shall provide
GI applicants with an additional digital tool as part of the application process to better protect
and enforce their GI rights.

**•** **Fundamental rights**

The Union is obliged under the EU Charter of Fundamental Rights [19] (Article 17(2)) to protect
intellectual property. The measures foreseen will create better conditions for the protection of
GIs and decrease the risk of usurpation, imitation and evocation of GI names, thus
contributing to securing producers’ incomes. A more harmonised approach to procedural rules
should result in a more efficient registration process, with shorter registration times, reduced
burdens on producers and higher quality of registration processes, thereby respecting the
Commission’s obligation to handle GI applications impartially, fairly and within a reasonable
time.

**4.** **BUDGETARY** **IMPLICATIONS**

The proposal does not have any budgetary implications.

**5.** **OTHER** **ELEMENTS**

**•** **Implementation plans and monitoring, evaluation and reporting arrangements**

The implementation of the measures will be monitored and reported upon, based on the core
monitoring indicators for the main operational objectives, listed in the Impact Assessment
Report.

19 https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charterfundamental-rights_en

# EN 11 EN

To monitor contribution of GIs to sustainable development and ensure transparency, GIview
includes a section for each registered geographical indication where Member States’
authorities will include the sustainability statement.

The 2016 Interinstitutional Agreement on Better Law-Making provides that the three
Institutions agree to systematically consider the use of review clauses in legislation, and that
account is taken of the time needed for implementation and for gathering evidence on results
and impacts. Based on this, the Commission shall carry out an evaluation no sooner than five
years after the date of application of the Regulation. The evaluation will be conducted
according to the Commission’s Better Regulation Guidelines.

**•** **Detailed explanation of the specific provisions of the proposal**

The proposal consists of a set of rules designed to put in place a coherent system for GIs
aimed at assisting producers to better communicate the qualities, characteristics and attributes
of their GI products, and at ensuring appropriate consumer information. Moreover, the
proposal clarifies and improves the TSG scheme while it makes no changes to the scheme for
optional quality terms.

The proposal includes the following provisions:

**Title I: General provisions**

General provisions define the subject being the GIs, protecting the names of wines, spirit
drinks and agricultural products. They also provide the definitions of terms specifically used
in the Regulation, as well as data protection rules.

**Title II: Geographical indications**

Chapter 1: General provisions

The general provisions explain that the objective of the GI system is to provide a unitary and
exclusive system protecting the names of wines, spirit drinks and agricultural products having
characteristics, attributes and reputation linked to their place of production. [LS: They provide
the classification of products covered. They also provide the definitions of terms specifically
used in this Title.

Chapter 2: Registration of geographical indications

This Chapter provides notably for the uniform rules for registration, both at national and
Union level including the opposition procedure; defines the applicant and lists requirements
for the applicant; specifies the content of application documents, and defines the role of the
register. It lays down the transitional protection and transitional measures. It also includes
provisions on the amendments to the product specification and on the cancellation of the
registered GI.

Chapter 3: Protection of geographical indications

The level of protection of GIs is laid down in this Chapter. The Chapter also lays down rules
for GIs when used as ingredients, clarifies generic terms and registration of homonymous GIs,
as well as the relationship with trade marks. It provides rules for the recognised producer
groups. The relationship with the use of terms in internet domain names is defined. Finally,
this Chapter includes the rules for the use of Union symbols, indications and abbreviations on
the labelling and advertising material of the product concerned.

Chapter 4: Checks and enforcement

The rules on the checks are laid down in this Chapter, including both verification that a
product designated by a GI has been produced in conformity with the corresponding product

# EN 12 EN

specification; and monitoring of the use of GIs in the marketplace. It also prescribes mutual
assistance between Member states’ authorities. Finally, it requires that the proof of
certification should be provided by the enforcement authorities on a request by a producer.

Chapter 5: Supplementary elements of the registration procedure

Under this Chapter, criteria are established for monitoring the performance of the European
Union Intellectual Property Office (EUIPO) which will provide technical assistance to the
Commission as regards the scrutiny of applications.

Chapter 6: Geographical indications of agricultural products

This Chapter provides for the definition of a Protected Designation of Origin and a Protected
Geographical Indication for agricultural products. It prescribes the content of the product
specification and of the single document for GIs of agricultural products. Besides this, it
includes rules that are specific for this sector, notably on plant varieties and animal breeds, the
sourcing of feed and of raw materials.

Chapter 7: Procedural provisions

This Chapter lays down that the Commission shall be assisted by the Geographical Indications
Committee

Chapter 8: Transitional and final provisions (geographical indications)

This Chapter lays down that the Commission shall be assisted by the Geographical Indications
Committee. It also provides for the continuity of the registers and clarifies the rules for
applications submitted before the entry into force of this Regulation.

**Title III: Quality schemes**

Chapter 1: Traditional specialities guaranteed

This Chapter lays down the rules for the TSG scheme. In comparison to the existing rules, it
clarifies the criteria for the registration of TSGs; notably, it no longer requires those to have a
specific character. Procedural rules are also clarified and streamlined.

Chapter 2: Optional quality terms

This Chapter lays down the rules for optional quality terms. No changes have been done to the
existing legislation in this area.

Chapter 3: Procedural provisions

This Chapter lays down that the Commission shall be assisted by the Agricultural Quality
Committee.

**Title IV: Amendments to Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU)**
**2017/1001 [BT: order of Regulations]**

This Title includes the provisions amending Regulation (EU) No 1308/2013 and Regulation
(EU) 2019/787, notably due to a new harmonised set of rules for protection, registration
procedure and control and enforcement, laid down in the previous chapters of this Regulation.
It amends Regulation (EU) 2017/1001 to give to EUIPO the tasks of administration of
geographical indications.

**Title V: Transitional and final provisions**

The power to adopt delegated acts is conferred on the Commission subject to the conditions
laid down in the Regulation. This Chapter also clarifies the transitional rules, notably that the
applications submitted before the entry into force of this Regulation have to respect the rules

# EN 13 EN

applicable before its entry into force. The entry into force of the Regulation is defined on the

[...] day following that of its publication in the _Official Journal of the European Union_ .

# EN 14 EN

2022/0089 (COD)

Proposal for a

**REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on European Union geographical indications for wine, spirit drinks and agricultural**
**products, and quality schemes for agricultural products, amending Regulations (EU) No**

**1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No**

**1151/2012**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 43(2) and the first paragraph of Article 118 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 [20],

Having regard to the opinion of the Committee of the Regions [21],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The European Green Deal [22] included the design of a fair, healthy and environmentallyfriendly food system (“farm to fork”) among the policies to transform the Union's
economy for a sustainable future.

(2) Commission Communication of 20 May 2020 on 'A Farm to Fork Strategy - for a fair,
healthy and environmentally-friendly food system' which called for a transition to
sustainable food systems, also calls to strengthen the legislative framework on
geographical indications and, where appropriate, include specific sustainability
criteria. In the Communication, the Commission committed to strengthen, among
other players, the position of producers of products with geographical indications,
their cooperatives and producer organisations in the food supply chain.

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

–
innovative potential An intellectual property action plan to support the EU’s
recovery and resilience’, the Commission undertook to look at ways to strengthen,
modernise, streamline and better enforce geographical indications for agricultural
products, wine and spirit drinks.

(4) The quality and diversity of the Union’s wine, spirit drinks and agricultural production
is one of its important strengths, giving a competitive advantage to the Union’s
producers and making a major contribution to its living cultural and gastronomic
heritage. This is due to the skills and determination of Union producers who have kept

20 OJ C XX, XX.X.2022, p. XX.
21 OJ C XX, XX.X.2022, p. XX.
22 https://ec.europa.eu/info/publications/communication-european-green-deal_en

# EN 15 EN

traditions alive while taking into account the developments of new production
methods and material.

(5) Citizens and consumers in the Union increasingly demand quality as well as traditional
products. They are also concerned to maintain the diversity of agricultural production
in the Union. This generates a demand for wine, spirit drinks and agricultural products
with identifiable specific characteristics, in particular those linked to their
geographical origin.

(6) The protection of natural persons in relation to the processing of personal data is a
fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the
Council [23] provides rules 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. The roles of the Commission and of the Member
States in relation to the processing of personal data in the procedures they are
competent for need to be clearly defined in order to ensure a high level of protection.
Processing of personal data is lawful when it is necessary for the performance of tasks
carried out in the public interests. Procedures for registration, amendment or
cancellation of geographical indications and traditional specialities guaranteed carried
out in the framework of this Regulation, Regulation (EU) No 1308/2013 of the
European Parliament and of the Council [24] and Regulation (EU) 2019/787 of the
European Parliament and of the Council [25] should be properly carried out. Processing
references concerning applicants in a registration, amendment or cancellation
procedure, opponents, beneficiaries of transitional periods and bodies and natural
persons delegated for certain official control tasks, in the context of the procedures of
registration, amendment or cancellation of geographical indications and traditional
specialities guaranteed, is necessary for the correct management of these procedures.
In addition, those procedures have a public nature. Transparency is necessary to allow
fair competition between the operators and to publicly identify the private and public
economic interests linked to these procedures. With a view to minimising the exposure
of personal data, the documents to be submitted in the course of the relevant
procedures should as far as possible avoid requirements for submission of personal
data. Nonetheless, the Commission and the Member States may need to process
information that contain personal data, such as personal names and contact details.
Within this framework, for reasons of public interest and in accordance with
Regulation (EU) 2018/1725, the Commission and the Member States should be
allowed to process such personal data and to disclose or make it public when this is
needed to identify applicants in a registration, amendment or cancellation procedure,
opponents in an opposition procedure, beneficiaries of a transitional period granted to

23 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. 39–98.
24 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. 671–854.
25 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. 1–54.

# EN 16 EN

derogate to the protection of a registered name and bodies delegated to carry out the
verification on compliance with product specification.

(7) For the purpose of applying Regulation (EU) 2018/1725 the Commission is the
authority with whom the owners of personal data may exercise the related rights, by
sending comments, raising questions or concerns, or submitting a complaint regarding
the collection and use of the personal data. It should, therefore, be clarified that the
Commission is considered the controller within the meaning of Regulation (EU)
2018/1725 in relation to the processing of personal data in the procedures for which it
is responsible under this Regulation, Regulation (EU) No 1308/2013, Regulation (EU)
2019/787 and the provisions adopted pursuant thereto.

(8) Regulation (EU) 2016/679 [26] of the European Parliament and of the Council applies to
the processing of personal data carried out by Member States in the course of the
relevant procedures. For the purpose of applying that Regulation the competent
authorities of the Member States are the authorities with whom the owners of personal
data may exercise the related rights, by sending comments, raising questions or
concerns, or submitting a complaint regarding the collection and use of the personal
data. It should, therefore, be clarified that the Member States are considered
controllers within the meaning of Regulation (EU) 2016/679 in relation to the
processing of personal data in the procedures for which they are responsible under this
Regulation, Regulation (EU) No 1308/2013, Regulation (EU) 2019/787 and the
provisions adopted pursuant thereto.

(9) Ensuring uniform recognition and protection throughout the Union for the intellectual
property rights related to names protected in the Union is a priority that can be
effectively achieved only at Union level. Geographical indications protecting the
names of wines, spirit drinks and agricultural products having characteristics,
attributes or reputation linked to their place of production are an exclusive Union’s
competence. A unitary and exclusive system of geographical indications therefore
needs to be provided. Geographical indications are a collective right held by all
eligible producers in a designated area willing to adhere to a product specification.
Producers acting collectively have more powers than individual producers and take
collective responsibilities to manage their geographical indications, including
responding to societal demands for products resulting from sustainable
production. Operating geographical indications reward producers fairly for their
efforts to produce a diverse range of quality products. At the same time, this can
benefit the rural economy, which is particularly the case in areas with natural or other
specific constraints, such as mountain areas and the most remote regions, where the
farming sector accounts for a significant part of the economy and production costs are
high. In this way, quality schemes are able to contribute to and complement rural
development policy as well as market and income support policies of the CAP. In
particular, they may contribute to the developments in the farming sector and,
especially, disadvantaged areas. A Union framework that protects geographical
indications by providing for their inclusion in a register at Union level facilitates the
development of the agricultural sector, since the resulting, more uniform approach
ensures fair competition between the producers of products bearing such indications
and enhances the credibility of the products in the consumers’ eyes. The system of
geographical indications aims at enabling consumers to make more informed
purchasing choices and, through labelling and advertising, helping them to correctly

26 reference

# EN 17 EN

identify their products on the market. Geographical indications, being a type of
intellectual property right, help operators and companies valorise their intangible
assets. To avoid creating unfair conditions of competition and to sustain the internal
market, any producer, including a third country producer, should be able to use a
registered name and market products designated as geographical indications
throughout the Union and in electronic commerce, provided that the product
concerned complies with the requirements of the relevant specification and that the
producer is covered by a system of controls. In light of the experience gained from the
implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No
1151/2012 of the European Parliament and of the Council [27], there is a need to address
certain legal issues, to clarify and simplify some rules and to streamline the
procedures.

(10) In order to comply with the definition of agricultural products in the international
framework, i.e. World Trade Organisation, the use of the combined nomenclature
should be provided for geographical indications.

(11) The Union has for some time been aiming at simplifying the regulatory framework of
the Common Agricultural Policy. This approach should also apply to regulations in the
field of geographical indications, without calling into question the specific
characteristics of each sector. In order to simplify the lengthy registration and
amendment procedures, harmonised procedural rules for geographical indications for
wine, spirit drinks and agricultural products should be laid down in a single legal
instrument, while maintaining product specific provisions for wine in Regulation (EU)
No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural
products in this Regulation. The procedures for the registration, amendments to the
product specification and cancellation of the registration in respect of geographical
indications originating in the Union, including opposition procedures, should
be carried out by the Member States and the Commission. The Member States and the
Commission should be responsible for distinct stages of each procedure. Member
States should be responsible for the first stage of the procedure, which consists of
receiving the application from the producer group, assessing it, including running a
national opposition procedure, and, following the results of the assessment, submitting
the application to the Commission. The Commission should be responsible for
scrutinising the application in the second stage of the procedure, including running a
worldwide opposition procedure, and taking a decision on granting the protection to
the geographical indication or not. Geographical indications should be registered only
at Union level. However, with effect from the date of application with the Commission
for registration at Union level, Member States should be able to grant transitional
protection at national level without affecting the internal market or international trade.
The protection afforded by this Regulation upon registration should be equally
available to geographical indications of third countries that meet the corresponding
criteria and that are protected in their country of origin. The Commission should
carry out the corresponding procedures for geographical indications originating in
third countries.

(12) To contribute to the transition to a sustainable food system and respond to societal
demands for sustainable, environmentally and climate friendly, animal welfare
ensuring, resource efficient, socially and ethically responsible production methods,
producers of geographical indications should be encouraged to adhere to sustainability

27 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).

# EN 18 EN

standards that are more stringent than the mandatory ones and go beyond good
practice. Such specific requirements could be set out in the product specification.

(13) To ensure coherent decision-making as regards applications for protection and judicial
challenges against them, submitted in the national procedure, the Commission should
be informed in a timely and regular manner when procedures are launched before
national courts or other bodies concerning an application for registration forwarded by
the Member State to the Commission and of their final results. For the same reason,
where a Member State considers that a national decision on which the application for
protection is based is likely to be invalidated as a result of national judicial
proceedings, it should inform the Commission of that assessment. If the Member State
requests the suspension of the scrutiny of an application at Union level, the
Commission should be exempted from the obligation to meet the deadline for scrutiny
established therein. In order to protect the applicant from vexatious legal actions and
to preserve the applicant’s right to secure the protection of a name within a reasonable
time, the exemption should be limited to cases in which the application for registration
has been invalidated at national level by an immediately applicable but not final
judicial decision or in which the Member State considers that the action to challenge
the validity of the application is based on valid grounds.

(14) To allow operators, whose interests are affected by the registration of a name, to
continue to use that name for a limited period of time, while contravening
the protection regime established in Article 27, specific derogations for the use of the
names in the form of transitional periods should be granted. Such periods can also be
allowed to overcome temporary difficulties and with the long-term objective of
ensuring that all producers comply with the product specification.

(15) To ensure transparency and uniformity across Member States, it is necessary to
establish and maintain an electronic Union register of geographical indications,
registered as protected designations of origin or protected geographical indications.
The register should provide information to consumers and to those involved in trade.
The register should be an electronic database stored within an information system, and
should be accessible to the public.

(16) The Union negotiates international agreements, including those concerning the
protection of designations of origin and geographical indications, with its trade
partners. In order to facilitate the provision to the public of information about the
names protected by those international agreements, and in particular to ensure
protection and control of the use to which those names are put, those names may be
entered in the Union register of geographical indications. Unless specifically identified
as designations of origin in such international agreements, the names should be
entered in the register as protected geographical indications.

(17) For the optimal functioning of the internal market, it is important that producers and
other operators concerned, authorities and consumers may quickly and easily have
access to the relevant information concerning a registered protected designation of
origin or protected geographical indication. This information should include, where
applicable, the information on the identity of the producer group recognised at national
level.

(18) Protection should be granted to names entered in the Union register of geographical
indications with the aim of ensuring that they are used fairly and in order to prevent
practices liable to mislead consumers. In order to strengthen the protection of
geographical indications and to combat counterfeiting more effectively, the protection

# EN 19 EN

of designations of origin and geographical indications should also apply to domain
names on the internet.

(19) To establish whether products are comparable to the products registered as a
geographical indication, account should be taken of all relevant factors. Those should
include whether the products have common objective characteristics, such as method
of production, physical appearance or use of the same raw material; under which
circumstances the products are utilised from the point of view of the relevant public;
whether they are frequently distributed through the same channels; and whether they
are subject to similar marketing rules.

(20) In light of commercial practices and Union jurisprudence clarity is required on the use
of a geographical indication in the sale name of a processed product of which the
product designated by the geographical indication is an ingredient. It should be
ensured that such use is made in accordance with fair commercial practices and does
not weaken, dilute or is not detrimental to the reputation of the product bearing the
geographical indication. A consent of a large majority of the producers of geographical
indications concerned should be required to allow such a use.

(21) Rules concerning the continued use of generic names should be clarified so that
generic terms that are similar to or form part of a name or term that is protected should
retain their generic status.

(22) The scope of the protection granted under this Regulation should be clarified, in
particular with regard to those limitations on registration of new trade marks set out in
Directive (EU) 2015/2436 of the European Parliament and of the Council [28] that
conflict with the registration of geographical indications. Such clarification is also
necessary with regard to the holders of prior intellectual property rights, in particular
those concerning trade marks and homonymous names registered as geographical
indications.

(23) Producer groups play an essential role in the application process for the registration of
geographical indications, as well as in the amendment of specifications and
cancellation requests. They should be equipped with the means to better identify and
market the specific characteristics of their products. The role of the producer group
should hence be clarified.

(24) As producers of products bearing geographical indications are mostly small or
medium size enterprises, they face competition from other operators along the food
supply chain which can create unfair competition between local producers and those
operating on a more extended scale. In this context, in the interest of all the producers
concerned, it is necessary to allow one single producer group to perform specific
actions in the name of the producers. To that purpose, the category of the recognised
producer group should be established, together with the criteria necessary to qualify as
a recognised producer group and the related specific additional rights, in particular in
order to provide recognised producer groups with the right tools to better enforce their
intellectual property rights against unfair practices.

(25) The relationship between internet domain names and protection of geographical
indications should be clarified as regards the scope of the application of the remedy
measures, the recognition of geographical indications in dispute resolution, and the
fair use of domain names. Persons having a legitimate interest on a geographical
indication applied for registration before the registration of the domain name should be

28 OJ L 336, 23.12.2015, p.1.

# EN 20 EN

empowered to request for the revocation or the transfer of the domain name in case of
conflict.

(26) The relationship between trademarks and geographical indications should be clarified
in relation to criteria for the rejection of trademark applications, the invalidation of
trademarks and the coexistence between trademarks and geographical indications.

(27) In order to avoid creating unfair conditions of competition, any producer, including a
third-country producer, should be able to use a registered geographical indication,
provided that the product concerned complies with the requirements of the relevant
product specification or single document or an equivalent to the latter, i.e. a complete
summary of the product specification. The system set up by the Member States should
also guarantee that producers complying with the rules are entitled to be covered by
the verification of compliance of the product specification.

(28) The symbols, indications and abbreviations identifying a registered geographical
indication, 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 qualities of products.

(29) The labelling of wine, spirit drinks and agricultural products should be subject to the
general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament
and of the Council [29], and in particular the provisions aimed at preventing labelling that
may confuse or mislead consumers.

(30) The use of Union symbols or indications on the packaging of products designated by a
geographical indication should be made obligatory in order to make this category of
products, and the guarantees attached to them, better known to consumers and to
permit easier identification of these products on the market, thereby facilitating
checks. However, in view of the specific nature of products covered by this
Regulation, special provisions concerning labelling should be maintained for wine
and spirit drinks. The use of such symbols or indications should remain voluntary for
third country geographical indications and designations of origin.

(31) The added value of the geographical indications is based on consumer trust. The
system of geographical indications significantly relies on self-control, due diligence
and individual responsibility of producers, while it is the role of the competent
authorities of the Member States to take the necessary steps to prevent or stop the use
of names of products, which are in breach of the rules governing geographical
indications. The role of the Commission is to intervene in case of a systemic failure to
apply Union law. Geographical indications should be subject to the system of official
controls, in line with the principles set out in Regulation (EU) 2017/625 of the
European Parliament and of the Council [30], which should include a system of controls
at all stages of production, processing and distribution. Each operator should be
subject to a control system that verifies compliance with the product specification.
Taking into account that wine is subject to specific controls defined in the sectoral
legislation, this Regulation should lay down controls for spirit drinks and agricultural
products only.

(32) In order to ensure that they are impartial and effective, the competent authorities
designated to perform the verification of the compliance with the product
specification should meet a number of operational criteria. Provisions on delegating

29 OJ L 304, 22.11.2011, p. 18.
30 OJ L 95, 7.4.2017, p. 1.

# EN 21 EN

some competences of performing specific control tasks to product certification bodies
should be envisaged to facilitate the task of the control authorities and make the
system more effective.

(33) Information on the competent authorities and product certification bodies should be
made public to ensure the transparency and allow interested parties to contact them.

(34) European standards developed by the European Committee for Standardisation
and international standards developed by the International Organisation for
Standardisation should be used for the accreditation of the control 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 [31] .

(35) Enforcement of geographical indications in the marketplace is important to prevent
fraudulent and deceptive practices thus ensuring that producers are properly rewarded
for the added value of their products bearing a geographical indication and that illegal
users of those geographical indications are prevented from selling their products.
Controls should be carried out based on risk assessment or notifications from
operators, and appropriate administrative and judicial steps should be taken to prevent
or stop the use of names on products or services that contravene the protected
geographical indications.

(36) Online platforms have become increasingly used for sales of products, including of
those designated as geographical indications, and in some cases they might represent
an important space as regards preventing fraud. In this regard, this Regulation should
establish rules to ensure appropriate labelling of products sold via online platforms,
and to provide powers to Member States to disable access to the content that
contravenes the rules. These rules should be without prejudice to Regulation (EU) No
2022/XX of the European Parliament and of the Council [32] .

(37) Taking into account that a product designated by the geographical indication produced
in one Member State might be sold in another Member State, administrative assistance
between Member States should be ensured to allow effective controls and its
practicalities should be laid down.

(38) For the optimal functioning of the internal market, it is important that producers
quickly and easily demonstrate in several contexts that they are authorised to use a
protected name, such as at customs controls, market inspections or on demand by trade
operators. For this purpose, an official certificate, or other proof of certification, of
entitlement to produce the product designated by a geographical indication should be
put at the disposal of the producer.

(39) The procedures for registration, amendment and cancellation of geographical
indications, including the scrutiny and the opposition procedure, should be carried out
in the most efficient way. This can be achieved by using the assistance for the scrutiny
of the applications provided by the European Union Intellectual Property Office
(EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission
would remain responsible for registration, amendment and cancellation, due to a
strong relation with the Common Agricultural Policy and to the expertise needed to

31 OJ L 218, 13.8.2008, p. 30.
32 Regulation (EU) […] of the European Parliament and of the Council of […] on a Single Market For
Digital Services (DSA) and amending Directive 2000/31/EC (OJ L …, XXX, dd/mm/yyyy, p. X).

# EN 22 EN

ensure that specificities of wine, spirit drinks and agricultural products are adequately
assessed.

(40) Criteria should be set to assess the performance of the EUIPO. These criteria should
ensure quality, coherence and efficiency of the assistance provided. The Commission
should prepare a report to the Parliament and to the Council on the results and
experience of the execution of these tasks by the EUIPO.

(41) In the light of existing practice, the two different instruments for identifying the link
between the product and its geographical origin, namely the designation of origin and
the geographical indication, should be maintained. Rules for and definitions of plant
varieties and animal breeds should be clarified to better understand their articulation
with geographical indications in case of conflict. Rules on sourcing of feed and of raw
materials should remain unchanged.

(42) A product bearing a geographical indication should meet certain conditions set out in
the product specification. For such information to be easily understandable also to
interested parties, the product specification should be summarised in a single
document.

(43) To implement the rules related to geographical indications, the Commission should be
assisted by a committee, composed by the delegates of the Member States.

(44) The specific objective of the scheme for traditional specialities guaranteed is to help
the producers of traditional products to communicate to consumers the value-adding
attributes of their product. In order to avoid creating unfair conditions of competition,
any producer, including a producer from a third country, should be able to use a
registered name of a traditional speciality guaranteed, provided that the product
concerned complies with the requirements of the relevant specification and the
producer is covered by a system of controls.

(45) As only a few names have been registered, the current scheme for traditional
specialities guaranteed has failed to realise its potential. Current provisions should
therefore be improved, clarified and sharpened in order to make the scheme more
understandable, operational and attractive to potential applicants. To ensure that names
of genuine traditional products are registered, the criteria and conditions for
registration of a name should be adapted, in particular by removing the condition that
traditional specialities guaranteed have a specific character.

(46) To ensure that traditional specialities guaranteed comply with their specification and
are consistent, producers organised into groups should themselves define the product
in a specification. The option of registering a name as a traditional speciality
guaranteed should be open to third country producers.

(47) To ensure transparency, the traditional specialities guaranteed should be entered in the
register.

(48) In order to avoid creating unfair conditions of competition, any producer, including a
producer from a third country, should be able to use a registered name of a traditional
speciality guaranteed, provided that the product concerned complies with the
requirements of the relevant specification and the producer is covered by a system of
controls. For traditional specialities guaranteed produced within the Union, the Union
symbol should be indicated on the labelling and it should be possible to associate it
with the indication ‘traditional speciality guaranteed’. The use of the names, the Union
symbol and the indication should be regulated to ensure a uniform approach across the
internal market.

# EN 23 EN

(49) Traditional specialities guaranteed should be effectively protected on the market so
that their producers are properly rewarded for their added value and that illegal users
of traditional specialities guaranteed are prevented from selling their products.

(50) In order not to mislead the consumers, registered traditional specialities guaranteed
should be protected against any misuse or imitation, including as regards products
used as ingredients, or against any other practice liable to mislead the consumer.
Pursuing the same objective, rules should be laid down for specific uses of traditional
specialities guaranteed, notably as regards the use of terms that are generic in the
Union, labelling which contains or comprises the denomination of a plant variety or
animal breed and trade marks.

(51) Participation in the traditional speciality guaranteed scheme should ensure that any
operator complying with the rules of this scheme is entitled to be covered by the
verification of compliance with the product specification.

(52) The procedures for the registration, amendments to the product specification and the
cancellation of the registration in respect of traditional specialities guaranteed
originating in the Union, including opposition procedures, should be carried out by the
Member States and the Commission. The Member States and the Commission should
be responsible for distinct stages of each procedure. Member States should
be responsible for the first stage of the procedure, which consists of receiving the
application from the producer group, assessing it, including running a national
opposition procedure, and, following the results of the assessment, submitting the
Union application to the Commission. The Commission should be responsible for
scrutinising the application, including running a worldwide opposition procedure, and
taking a decision on granting the traditional specialities guaranteed protection or not.
The protection afforded by this Regulation upon registration should be equally
available to traditional specialities guaranteed of third countries that meet the
corresponding criteria and that are protected in their country of origin. The
Commission should also carry out the corresponding procedures for traditional
specialities guaranteed originating in third countries.

(53) The optional quality terms scheme was introduced by Regulation (EU) No 1151/2012.
It refers to specific horizontal characteristics, of one or more categories of products,
farming methods or processing attributes which apply in specific areas. The optional
quality term ‘mountain product’ has met the conditions laid down for optional quality
terms and was established by that Regulation. It has provided mountain producers with
an effective tool to better market their product and to reduce the actual risks of
consumer confusion as to the mountain provenance of products on the market. The
possibility for producers to use optional quality terms should be maintained, as the
scheme has not yet fully met its potential in the Member States due to a short time of
its application.

(54) To implement the rules related to traditional specialities guaranteed and optional
quality terms, laid down in this Regulation, the Commission should be assisted by a
committee, composed of the delegates of the Member States.

(55) Provisions concerning geographical indications in Regulations (EU) No 1308/2013,
concerning the wine sector, and (EU) 2019/787, concerning the spirit drinks sector,
need to be amended in order to align them to the common rules on registration,
amendment, opposition, cancellation, protection and controls of the geographical
indications set out in this Regulation. In particular for wine, additional changes are
needed to the definition of protected geographical indications in line with the Trade

# EN 24 EN

Related Agreement on Intellectual Property. For reasons of consistency with this
Regulation, the provision on the tasks of the EUIPO laid down in Regulation (EU)
2017/1001 of the European Parliament and of the Council [33] should also be amended.

(56) In order to supplement or amend certain non-essential elements of this Regulation, the
power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of
the European Union should be delegated to the Commission in respect of defining
sustainability standards and laying down criteria for the recognition of existing
sustainability standards; clarifying or adding items to be supplied as part of
accompanying information; entrusting the EUIPO with the tasks related to scrutiny for
opposition and the opposition procedure, operation of the register, publication of
standard amendments to a product specification, consultation in the context of
cancellation procedure, establishment and management of an alert system informing
applicants about the availability of their geographical indication as a domain name,
scrutiny of third country geographical indications other than geographical indications
under the Geneva Act of the Lisbon Agreement on Appellations of Origin and
Geographical Indications [34], proposed for protection pursuant to international
negotiations or international agreements; establishing appropriate criteria for
monitoring performance of the EUIPO in the execution of the tasks entrusted to it;
laying down additional rules on the use of geographical indications to identify
ingredients in processed products; laying down additional rules for determining the
generic status of terms; establishing the restrictions and derogations with regard to the
sourcing of feed in the case of a designation of origin; establishing restrictions and
derogations with regard to the slaughtering of live animals or with regard to the
sourcing of raw materials; laying down rules for determining the use of the
denomination of a plant variety or of an animal breed; laying down rules which limit
the information contained in the product specification for geographical indications and
traditional specialities guaranteed; laying down further details of the eligibility criteria
for traditional specialities guaranteed; laying down additional rules to provide for
appropriate certification and accreditation procedures to apply in respect of product
certification bodies; laying down additional rules to further detail protection of
traditional specialities guaranteed; laying down for traditional specialities guaranteed
additional rules for determining the generic status of terms, conditions for use of plant
variety and animal breed denominations, and relation to intellectual property rights;
defining additional rules for joint applications concerning more than one national
territory and complementing the rules of the application process for traditional
specialities guaranteed guaranteed; complementing the rules for the opposition
procedure for traditional specialities guaranteed to establish detailed procedures
and deadlines; supplementing the rules regarding the amendment application process
for traditional specialities guaranteed; supplementing the rules regarding the
cancellation process for traditional specialities guaranteed; laying down detailed rules
relating to the criteria for optional quality terms; reserving an additional optional
quality term, laying down its conditions of use; laying down derogations to the use of
the term ‘mountain product’ and establishing the methods of production, and other
criteria relevant for the application of that optional quality term, in particular, laying
down the conditions under which raw materials or feedstuffs are permitted to come
from outside the mountain areas. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at expert

33 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).
34 https://www.wipo.int/publications/en/details.jsp?id=3983

# EN 25 EN

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 [35] . 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.

(57) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards defining the
technical presentation of, and online access to, the classification of the products
designated by geographical indications according to the combined nomenclature;
defining a harmonised presentation of sustainability undertakings; defining the format
and online presentation of the accompanying documentation and providing for the
exclusion or anonymisation of protected personal data; laying down detailed rules on
procedures, the form and presentation of Union applications for registration, including
for applications concerning more than one national territory; defining the format and
online presentation of oppositions and official comments and providing for the
exclusion or anonymisation of protected personal data; granting a transitional period to
allow the use of a registered name alongside other names that would otherwise
contravene with a registered name and extending such transitional period; rejecting the
application; deciding on the registration of a geographical indication if an agreement
has not been reached; registering of geographical indications pertaining to products of
third countries that are protected in the Union under an international agreement, to
which the Union is a contracting party; defining the content and presentation of the
Union register of geographical indications; defining the format and online presentation
of extracts from the Union register of geographical indications, and providing for the
exclusion or anonymisation of protected personal data; laying down detailed rules on
procedures, form and presentation of applications for a Union amendment and on
procedures, the form and communication to the Commission of a standard
amendment; cancelling the registration of a geographical indication; laying down
detailed rules on procedures and form of the cancellation of a registration and on the
presentation of the cancellation requests; establishing the Union symbols for
geographical indications, defining the technical characteristics of the Union symbols
and indications as well as the rules of their use on products marketed under a
registered geographical indication, including rules concerning the appropriate
linguistic versions to be used; detailing the nature and the type of the information to be
exchanged and the methods for exchanging information under mutual assistance for
the purpose of controls and enforcement; laying down rules on the form of the product
specification of geographical indications of agricultural products; defining the format
and online presentation of the single document of geographical indications of
agricultural products and providing for the exclusion or anonymisation of protected
personal data; for traditional specialities guaranteed: laying down rules on the form of
the product specification; laying down detailed rules on the form and content of the
Union register of traditional specialities guaranteed; establishing the Union symbol of
traditional specialities guaranteed; laying down rules for the uniform protection of the
indications, abbreviations and the Union symbol, rules on their use and on the
technical characteristics of the Union symbol; laying down procedural and formal
requirements for the protection of traditional specialities guaranteed; laying down
detailed rules on procedures, the form and presentation of applications for registration,

35 OJ L 123, 12.5.2016, p. 1.

# EN 26 EN

including for applications concerning more than one national territory, of oppositions
and of applications for amendments of a product specification and applications for
cancellation of a registration; transitional periods for use of traditional specialities
guaranteed; rejecting an application for registration; deciding on the registration of a
traditional speciality guaranteed if an agreement has not been reached; cancelling the
registration of a traditional speciality guaranteed; for optional quality terms and
schemes: laying down technical details necessary for the notification of the optional
quality terms and schemes; laying down rules related to forms, procedures or other
technical details; laying down rules for the use of optional quality terms. Those powers
should be exercised in accordance with Regulation (EU) No 182/2011 of the European
Parliament and of the Council [36] .

(58) The Commission should be empowered to adopt implementing acts without applying
Regulation (EU) No 182/2011 in respect of: registering a name if there is no
admissible opposition or in case of an admissible opposition, where the agreement has
been reached for geographical indications and traditional specialities guaranteed and if
necessary amending the information published, provided that these amendments are
not substantial; establishing and maintaining a publicly accessible electronic register
of geographical indications and electronic register of traditional specialities
guaranteed; granting a transitional period for use of geographical indications following
an opposition lodged in the national procedure; cancelling the geographical indications
registered in breach with a wholly or partly homonymous geographical indication
already applied for or registered; defining the means by which the name and address of
competent authorities and product certification bodies are to be made public for
traditional specialities guaranteed.

(59) Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 should therefore
be amended accordingly and Regulation (EU) No 1151/2012 should be repealed.

(60) The protected designations of origin, protected geographical indications and traditional
specialities guaranteed already registered under Regulation (EU) No 1151/2012, the
protected designations of origin and protected geographical indications already
registered under Regulation (EU) No 1308/2013 and the geographical indications
already registered under Regulation (EU) 2019/787 should continue to be protected
under this Regulation, and they should be automatically included in the respective
register.

(61) Provisions should be made for appropriate arrangements to facilitate a smooth
transition from the rules provided for in Regulations (EU) No 1151/2012, (EU) No
1308/2013 and (EU) 2019/787 to the rules laid down in this Regulation,

HAVE ADOPTED THIS REGULATION:

### **Title I** **General provisions**

_Article 1_

**Subject matter**

This Regulation lays down the rules on:

(a) geographical indications for wine, spirit drinks and agricultural products.

36 OJ L 55, 28.2.2011, p. 13.

# EN 27 EN

(b) traditional specialities guaranteed and optional quality terms for agricultural products.

_Article 2_

**Definitions**

1. For the purposes of this Regulation the following definitions shall apply:

(a) ‘producer group’ means any association, irrespective of its legal form, mainly
composed of producers or processors of the same product;

(b) ‘traditional’ and ‘tradition’, associated with a product originating in a
geographical area, means proven historical usage by producers in a community
for a period that allows transmission between generations; this period is to be
at least 30 years and the said usage may embrace modifications necessitated by
changing hygiene and safety practices;

(c) the definition of ‘labelling’ in Article 2(2), point (j), of Regulation (EU) No
1169/2011;

(d) ‘production step’ means any stage of production, processing, preparation or
ageing, up to the point where the product is in a form to be placed on the
internal market;

(e) ‘processed products’ means food resulting from the processing of unprocessed
products within the meaning of Article 2 (m) and (o) of Regulation 852/2004;

(f) ‘product certification bodies’ means bodies within the meaning of Title II,
Chapter III, of Regulation (EU) 2017/625 which certify that products
designated by geographical indications or traditional specialities
guaranteed comply with the product specification.

(g) ‘generic term’ means:

(i) the name of products which, although relating to the place, region or
country where a product was originally produced or marketed, have become
the common name of a product in the Union; and

(ii) a common term descriptive of types of products, product attributes or other
terms that do not refer to specific product;

(h) 'plant variety denomination’ means a a designation of a given variety, that is in
common use or officially registered pursuant to Council Directives
2002/53/EC [37], 2002/55/EC [38], 2008/90/EC [39] or Council Regulation (EU) No
2100/94 [40], in the language or languages they are so used or listed, at the date of
application for the registration of the geographical indication concerned;

(i) 'animal breed denomination’ means the names of breeds in the meaning of
Article 2 of Regulation (EU) 2016/1012 of the European Parliament and of the

37 Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural
plant species (OJ L 193, 20.7.2002, p. 1).
38 Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193,
20.7.2002, p. 33).
39 Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating
material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).
40 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227,
1.9.1994, p. 1)

# EN 28 EN

Council [41] that are listed in breeding books or breeding registers, in the
language or languages they are so listed, at the date of application for the
registration of the geographical indication concerned.

_Article 3_

**Data protection**

1. The Commission and the Member States shall process and make public the personal
data received in the course of the procedures for registration, approval of
amendments, cancellation, opposition, granting of transitional period and control
pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU)
2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

2. The Commission shall be a controller within the meaning of Regulation (EU)
2018/1725 in relation to the processing of personal data in the procedure it is
competent for in accordance with Regulation (EU) 2019/787, Commission Delegated
Regulation (EU) 2021/1235 [42] and this Regulation.

3. The competent authorities of the Member States shall be controllers within the
meaning of Regulation (EU) 2016/679 in relation to the processing of personal data
in the procedures they are competent for in accordance with Regulation (EU)
2019/787, Delegated Regulation (EU) 2021/1235 and this Regulation.

### **Title II** **Geographical indications** **Chapter 1** **General provisions**

_Article 4_

**Objectives**

1. This Title provides for a unitary and exclusive system of geographical indications,
protecting the names of wine, spirit drinks and agricultural products having
characteristics, attributes or reputation linked to their place of production, thereby
ensuring the following:

(a) producers acting collectively have the necessary powers and responsibilities to
manage their geographical indication, including to respond to societal demands
for products resulting from sustainable production in its three dimensions of
economic, environmental and social value, and to operate in the market;

(b) fair competition for producers in the marketing chain;

41 Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on
zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred
breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation
(EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the
area of animal breeding (‘Animal Breeding Regulation’) (OJ L 171, 29.6.2016, p. 66).
42 Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 supplementing Regulation (EU)
2019/787 of the European Parliament and of the Council with rules concerning applications for
registration of geographical indications of spirit drinks, amendments to product specifications,
cancellation of the registration and the register (OJ L 270, 29.7.2021, p. 1).

# EN 29 EN

(c) consumers receive reliable information and a guarantee of authenticity of such
products and can readily identify them in the marketplace including in
electronic commerce;

(d) efficient registration of geographical indications taking into account
the appropriate protection of intellectual property rights; and

(e) effective enforcement and marketing throughout the Union and in electronic
commerce ensuring the integrity of the internal market.

_Article 5_

**Scope**

1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs
and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined
nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 [43], and the
additional agricultural products under the combined nomenclature headings and
codes set out in Annex I to this Regulation.

2. The registration and the protection of geographical indications is without prejudice to
the obligation of producers to comply with other Union rules, in particular those
relating to the placing of products on the market, sanitary and phytosanitary rules, the
common organisation of the markets, the competition rules and the provision of food
information to consumers.

3. Directive (EU) 2015/1535 of the European Parliament and of the Council [44] shall not
apply to the system of geographical indications laid down in this Regulation.

_Article 6_

**Classification**

1. Products designated by geographical indications shall be classified according to the
combined nomenclature at two, four or six digit level. Where a geographical
indication covers products of more than one category, each entry shall be specified.
Product classification shall only be used for registration, statistical and record
keeping purposes. The said classification shall not be used to determine comparable
products for the purposes of protection against direct and indirect commercial use
referred to in Article 27(1), point (a).

2. The Commission may adopt implementing acts defining the technical presentation
of, and online access to, the classification referred to in paragraph 1. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 53(2)

_Article 7_

**Definitions**

1. For the purposes of this Title the following definitions shall apply:

43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
44 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 standards and regulations
and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

# EN 30 EN

(a) ‘geographical indication’, unless otherwise stated, means designations of origin
and geographical indications of wine, as defined in Article 93 of Regulation
(EU) No 1308/2013, designations of origin and geographical indications of
agricultural products, as defined in Article 48of this Regulation and
geographical indications of spirit drinks, as defined in Article 3(4) of
Regulation (EU) 2019/787, that are applied for or entered in the Union register
of geographical indications referred to in Article 23;

(b) ‘wine’ means the products referred to in Part II, points 1, 3 to 6, 8, 9, 11, 15
and 16 of Annex VII to Regulation (EU) No 1308/2013;

(c) 'spirit drinks' as defined in Article 2 of Regulation (EU) 2019/787;

(d) ‘agricultural products’ means products referred to in Article 5(1) excluding
wine and spirit drinks;

(e) ‘combined nomenclature’ means the goods nomenclature established by Article
1 of Regulation (EEC) No 2658/87;

(f) ‘recognised producer group’ means a formal association having legal
personality and recognised by the competent national authorities as the sole
group to act on behalf of all producers;

(g) ‘producer’ means an operator engaged in any production step of a product
protected by a geographical indication, including processing activities, covered
by the product specification;

### **Chapter 2** **Registration of geographical indications**

_Article 8_

**Applicant**

1. Applications for the registration of geographical indications may only be submitted
by a producer group of a product ('applicant producer group'), the name of which is
proposed for registration. Regional or local public bodies may help in the preparation
of the application and in the related procedure.

2. An authority designated by a Member State may be deemed to be an applicant
producer group for the purposes of this Title, with respect to geographical indications
of a spirit drink, if it is not feasible for the producers concerned to form a group by
reason of their number, geographical location or organisational characteristics. In
such case, the application referred to in Article 9(2) shall state those reasons.

3. A single producer may be deemed to be an applicant producer group for the purposes
of this Title where it is shown that both of the following conditions are fulfilled:

(a) the person concerned is the only producer willing to submit an application for
the registration of a geographical indication; and

(b) the geographical area concerned is defined by natural features without
reference to property boundaries and has characteristics which differ
appreciably from those of neighbouring areas or the characteristics of the
product are different from those produced in neighbouring areas.

# EN 31 EN

4. In the case of a geographical indication that designates a cross-border geographical
area, several producer groups from different Member States or third countries may
lodge a joint application for the registration of a geographical indication.

_Article 9_

**National stage of the procedure of registration**

1. An application for the registration of a geographical indication concerning a
product originating in the Union shall be addressed to the competent authorities of
the Member State in which the product originates.

2. The application referred to in paragraph (1) shall comprise:

(a) the product specification provided for in Article 11 ;

(b) the single document provided for in Article 13;

(c) the accompanying documents referred to in Article 14(1) points b), c) and d).

3. The Member State shall scrutinise the application for registration in order to check
that it meets the conditions for registration of the respective provisions for wine,
spirit drinks or agricultural products as appropriate.

4. As part of the scrutiny referred to in paragraph (3), the Member State shall conduct a
national opposition procedure. The national opposition procedure shall
ensure publication of the application for registration and provide for a period of at
least 2 months from the date of publication within which any natural or legal person
having a legitimate interest and established or resident on the territory of the Member
State in which the product concerned originates may lodge an opposition to the
application for registration with that Member State.

5. The Member State shall establish the modalities of the opposition procedure. These
modalities may include criteria for the admissibility of an opposition, a period of
consultation between the applicant producer group and each opponent, and
submission of a report from the applicant producer group on the outcome of the
consultations including any changes the applicant producer group has made to the
application for registration.

6. If, after the scrutiny of the application for registration and the assessment of the
results of any opposition received and any changes to the application agreed with the
applicant producer group, the Member State considers that the requirements of this
Regulation are met, it may take a favourable decision and lodge a Union application
as referred to in Article 15.

7. The Member State shall ensure that its decision, be it favourable or not, is made
public and that any natural or legal person having a legitimate interest has an
opportunity to lodge an appeal. The Member State shall also ensure that the product
specification on which its favourable decision is based is published, and shall provide
electronic access to the product specification.

_Article 10_

**Transitional national protection**

# EN 32 EN

1. A Member State may, on a temporary basis, grant transitional protection to a name at
national level, with effect from the date on which a Union application for registration
is lodged with the Commission.

2. Such national protection shall cease on the date on which either the implementing act
deciding on the application for registration, adopted in accordance with Article 22,
enters into force or the application for registration is withdrawn.

3. Where a name is not registered under this Regulation, the consequences of the
transitional 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 at national level only, and they shall have no effect on the internal market or
in international trade.

_Article 11_

**Product specification**

For the purposes of this Title, the ‘product specification’ of a geographical indication shall be
the document referred to in:

(a) Article 94 of Regulation (EU) No 1308/2013 for wine;

(b) Article 22 of Regulation (EU) 2019/787 for spirit drinks;

(c) Article 51 of this Regulation for agricultural products.

_Article 12_

**Sustainability undertakings**

1. A producer group may agree on sustainability undertakings to be adhered to in the
production of the product designated by a geographical indication. Such undertakings
shall aim to apply a sustainability standard higher than mandated by Union or
national law and go beyond good practice in significant respects in terms of social,
environmental or economic undertakings. Such undertakings shall be specific, shall
take account of existing sustainable practices employed for products designated by
geographical indications, and may refer to existing sustainability schemes.

2. The sustainability undertakings referred to in paragraph (1) shall be included in the
product specification.

3. The sustainability undertakings referred to in paragraph 1 shall be without prejudice
to requirements for compliance with hygiene, safety standards and competition rules.

4. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 defining sustainability standards in different sectors and laying down
criteria for the recognition of existing sustainability standards to which producers of
products designated by geographical indications may adhere.

5. The Commission may adopt implementing acts defining a harmonised presentation
of sustainability undertakings. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 53(2).

# EN 33 EN

_Article 13_

**Single document**

1. The ‘single document’ for a geographical indication refers to:

(a) the document summarising the product specification referred to in Article 94 of
Regulation (EU) No 1308/2013 for wine;

(b) the document referred to in Article 23 of Regulation (EU) 2019/787 for spirit
drinks;

(c) the document referred to in Article 52 of this Regulation for agricultural
products.

_Article 14_

**Accompanying documentation**

1. The documentation accompanying the application for registration shall comprise:

(a) information concerning any proposed limitations on the use or on the
protection of the geographical indication, and, where relevant, any transitional
measures, proposed by the applicant producer group or by the national
authorities notably following the national scrutiny and opposition procedure;

(b) the name and contact details of the applicant producer group;

(c) the name and contact details of the competent authority and/or product
certification body verifying compliance with the provisions of the product
specification pursuant to:

(i) Article 116a of Regulation (EU) No 1308/2013 as regards wine;

(ii) Article 39 of this Regulation as regards agricultural products and spirit
drinks;

(d) any other information deemed appropriate by the Member State, or by the
applicant producer group where applicable.

2. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by provisions clarifying the requirements
or listing additional items of the accompanying documentation to be supplied.

3. The Commission may adopt implementing acts defining the format and online
presentation of the accompanying documentation provided for in paragraph (1), and
on the exclusion or anonymisation of protected personal data. Those implementing
acts shall be adopted in accordance with the examination procedure referred to in
Article 53(2).

_Article 15_

**Union application for registration**

1. For geographical indications concerning products originating in the Union, the Union
application for registration shall comprise:

(a) the single document referred to in Article 13;

(b) the accompanying documentation referred to in Article 14;

# EN 34 EN

(c) a declaration by the Member State to which the application was initially
addressed, confirming that the application meets the conditions for registration;
and

(d) the electronic publication reference of the product specification which shall be
maintained up to date.

2. For geographical indications concerning products originating outside the Union, the
Union application for registration shall comprise:

(a) the product specification with its publication reference,

(b) the single document referred to in Article 13;

(c) the accompanying documentation referred to in Article 14;

(d) legal proof of protection of the geographical indication in its country of
origin; and

(e) a power of attorney where the applicant is represented by an agent.

3. A joint application for registration referred to in Article 8(4) shall be submitted by
one of the Member States concerned or by an applicant producer group in a
third country, directly or through the authorities of that third country.

4. The joint application for registration referred to in Article 8(4) shall include, as
relevant, the documents listed in paragraph (1) or (2) from all Member States or third
countries concerned. The related national procedures, including the opposition stage,
shall be carried out in all the Member States concerned.

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

6. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 defining procedures and conditions applicable to the preparation and
submission of Union applications for registration.

7. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of Union applications for registration,
including for applications concerning more than one national territory. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 53(2) .

_Article 16_

**Submission of the Union application for registration**

1. A Union application for the registration of a geographical indication shall be
submitted to the Commission electronically, through a digital system. The digital
system shall have the capacity to allow the submission of applications to national
authorities of a Member State, and to be used by the Member State in its national
procedure.

2. Where the application for registration relates to a geographical area outside the
Union, the application shall be submitted to the Commission, either directly or via
the authorities of the third country concerned. The digital system, referred to in
paragraph 1, shall have the capacity to allow submission of applications by an
applicant producer group established outside the Union and by national authorities in
the third country concerned.

# EN 35 EN

3. The Union application for registration shall be made public by the Commission
through the digital system referred to in paragraph (1).

_Article 17_

**Scrutiny by the Commission and publication for opposition**

1. The Commission shall scrutinise any application for registration that it receives
pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no
manifest errors, that the information provided in accordance with Article 15 is
complete and that the single document referred to in Article 13 is precise and
technical in nature. It shall take into account the outcome of the national procedure
carried out by the Member State concerned. It shall focus in particular on the single
document referred to in Article 13.

2. Scrutiny should not exceed a period of 6 months. In the event that the scrutiny period
exceeds or is likely to exceed 6 months the Commission shall inform the applicant of
the reasons for the delay in writing.

3. The Commission may seek supplementary information from the applicant.

4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission
considers that the conditions laid down in this Regulation and in Regulations (EU)
No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the
_Official Journal of the European Union_ the single document and the reference to the
publication of the product specification.

5. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by rules on entrusting EUIPO with
the tasks set out in this Article.

_Article 18_

**National challenge to an application for registration**

1. Member States shall keep the Commission informed of any national administrative
or judicial proceedings that may affect the registration of a geographical indication.

2. The Commission shall be exempted from the obligation to meet the deadline to
perform the scrutiny referred to in Article 17(2) and to inform the applicant of the
reasons for the delay where it receives a communication from a Member State,
concerning an application for registration in accordance with Article 9(6), which:

(a) informs the Commission that the decision referred to in Article 9(6) has been
invalidated at national level by an immediately applicable but not final judicial
decision; or

(b) requests the Commission to suspend the scrutiny because national administrative
or judicial proceedings have been initiated to challenge the validity of
the application and the Member State considers that those proceedings are based on
valid grounds.

3. The exemption shall have effect until the Commission is informed by the Member
State that the original application has been restored or that the Member State
withdraws its request for suspension.

# EN 36 EN

4. If the application has been invalidated by a final decision taken by a national court,
the Member State shall consider appropriate action such as withdrawal or
modification of the Union application for registration, as necessary.

_Article 19_

**Union opposition procedure**

1. Within 3 months from the date of publication in the _Official Journal of the European_
_Union_ of the single document and the reference to the product specification pursuant
to Article 17(4), the authorities of a Member State or of a third country, or a natural
or legal person having a legitimate interest, established or resident in a third country,
may lodge an opposition or a notice of comment with the Commission.

2. Any natural or legal person having a legitimate interest, established or resident in a
Member State other than the one from which the Union application for registration
was submitted, may lodge an opposition with the Member State, in which it is
established or resident, within a time limit permitting an opposition or notice of
comments to be lodged pursuant to paragraph (1).

3. An opposition shall claim that the application could infringe the conditions laid down
in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as
appropriate, and give reasons. An opposition that does not contain the said
claim shall be void.

4. The Commission shall check the admissibility of the opposition. If the Commission
considers that the opposition is admissible, it shall, within 5 months from the date of
publication in the _Official Journal of the European Union_ invite the authority or the
person that lodged the opposition and the authority or the applicant producer group
that lodged the application to engage in appropriate consultations for a reasonable
period that shall not exceed 3 months. At any time during that period, the
Commission may, at the request of the authority or the applicant producer group,
extend the deadline for the consultations by a maximum of 3 months.

5. The authority or the person that lodged the opposition and the authority or applicant
producer group that lodged the application shall start appropriate consultations
without undue delay. They shall provide each other with the relevant information to
assess whether the application for registration complies with this
Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.

6. Within 1 month from the end of the consultations referred to in paragraph (4), the
applicant producer group established in the third country or the authorities of the
Member State or of the third country from which the Union application for
registration was lodged shall notify the Commission of the result of the consultations,
including all the information exchanged, whether agreement was reached with one or
all of the opponents, and of any consequent changes to the application for
registration. The authority or person that lodged an opposition to the Commission
may also notify the Commission of its position at the end of the consultations.

7. Where, following the end of the consultations referred to in paragraph (4), the
data published in accordance with Article 17(4) have been modified, the Commission
shall repeat its scrutiny of the application for registration as modified. Where the
application for registration has been modified in a substantial manner, and the
Commission considers that the modified application meets the conditions for

# EN 37 EN

registration, it shall publish the application once more in accordance with that
paragraph.

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

9. After completion of the opposition procedure, the Commission shall finalise its
assessment of the Union application for registration, taking into account any request
for transitional periods, the outcome of the opposition procedure, any notice of
comments received and any other matters arising subsequently to its scrutiny that
may imply a change of the single document.

10. The Commission shall be empowered to adopt delegated acts, in accordance with
Article 84 supplementing this Regulation by detailed procedures and deadlines for
the opposition procedure, for the official submission of comments by national
authorities and persons with a legitimate interest, which will not trigger the
opposition procedure and by rules on entrusting its tasks set out in this Article
to EUIPO.

11. The Commission may adopt implementing acts defining the format and online
presentation of oppositions and official comments, if applicable, and providing for
the exclusion or anonymisation of protected personal data. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article
53(2).

_Article 20_

**Grounds for opposition**

1. An opposition lodged in accordance with Article 19 shall be admissible only if the
opponent demonstrates that:

(a) the proposed geographical indication does not comply with the definition of the
geographical indication or with the requirements referred to in this
Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as
the case may be;

(b) registration of the proposed geographical indication would be prevented by one
or more of the circumstances referred to in Article 29, Article 30, Article
31 or Article 49(1) ;

(c) the registration of the proposed geographical indication would jeopardise the
existence of an entirely or partly identical name or of a trade mark or the
existence of products which have been legally on the market for at least 5 years
preceding the date of the publication provided for in Article 17(4) .

2. The admissibility of an opposition shall be assessed by the Commission in relation to
the territory of the Union.

_Article 21_

**Transitional period for the use of geographical indications**

1. The Commission may adopt implementing acts granting a transitional period of up to
5 years to enable, for products originating in a Member State or a third country the
designation of which consists of or contains a name that contravenes Article 27(1),
the continued use of that designation, under which they were marketed, provided that

# EN 38 EN

an admissible opposition, under Article 9(4) or Article 19, to the application
for registration of the geographical indication whose protection is contravened
shows that:

(a) the registration of the concerned geographical indication would jeopardise the
existence of an entirely or partly identical name in the product designation; or

(b) such products have been legally marketed with that name in the product
designation in the territory concerned for at least 5 years preceding the
publication provided for in Article 17(4), point (a).

2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with
the examination procedure referred to in Article 53(2) except those where an
admissible opposition is lodged under Article 9(4), which shall be adopted without
applying that examination procedure.

3. The Commission may adopt implementing acts extending the transitional period
granted under paragraph (1) up to 15 years, or allowing continued use for up to 15
years, provided it is additionally shown that:

(a) the name in the designation referred to in paragraph (1) of this Article has been
in legal use consistently and fairly for at least 25 years before the application
for registration of the concerned geographical indication was submitted to the
Commission;

(b) the purpose of using the name in the designation referred to in paragraph
(1) has not, at any time, been to profit from the reputation of the name of the
product that has been registered as geographical indication; and

(c) the consumer has not been or could not have been misled as to the true origin
of the product.

4. The implementing acts referred to in paragraph 3 shall be adopted in accordance with
the examination procedure referred to in Article 53(2) except those where an
admissible opposition is lodged under Article 9(4), which shall be adopted without
applying that examination procedure.

5. When using a designation referred to in paragraphs 1 and 3, the indication of the
country of origin shall clearly and visibly appear on the labelling.

6. To overcome temporary difficulties with the long-term objective of ensuring that all
producers of a product designated under a geographical indication in the area
concerned comply with the related product specification, a Member State may grant
a transitional period for compliance, of up to 10 years, with effect from the date on
which the application is lodged with the Commission, provided that the operators
concerned have legally marketed the products in question, using the names
concerned continuously for at least 5 years preceding the lodging of the application
to the authorities of that Member State and have referred to that fact in the national
opposition procedure referred to in Article 9(4).

7. paragraph (6) shall apply _mutatis mutandis_ to a geographical indication referring to a
geographical area situated in a third country, with the exception of the opposition
procedure.

_Article 22_

**Commission decision on the application for registration**

# EN 39 EN

1. Where, on the basis of the information available to the Commission from the scrutiny
carried out pursuant to Article 17, the Commission considers that any of the
requirements referred therein is not fulfilled, it shall adopt implementing
acts rejecting the application for registration. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 53(2).

2. Where it receives no admissible opposition, the Commission shall adopt
implementing acts, without applying the procedure referred to in Article 53(2),
registering the geographical indication. The Commission may take in to account the
notices of comments received in accordance with Article 19(1).

3. Where it receives an admissible opposition, the Commission shall, following the
consultations referred to in Article 19(4) and taking into account the results thereof,

(a) adopt implementing act registering the geographical indication without
applying the procedure referred to in Article 53(2), if an agreement has been
reached, after checking that the agreement complies with Union law, and, if
necessary, amend the information published pursuant to Article 17(4) provided
that such amendments are not substantial; or

(b) adopt implementing acts deciding on the application for registration, if an
agreement has not been reached. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 53(2).

4. The acts registering a geographical indication shall provide for any
condition applicable to the registration and for the republication for information
of the single document published for opposition in the _Official Journal of the_
_European Union_ in case of any necessary amendments that are not substantial.

5. Regulations of registration and decisions on rejection shall be published in the
Official Journal of the European Union, L series.

_Article 23_

**Union register of geographical indications**

1. The Commission shall adopt implementing acts, without applying the procedure
referred to in Article 53(2), containing provisions on establishing and maintaining a
publicly accessible electronic register of geographical indications protected under
this Regulation (the ‘Union register of geographical indications’). The register shall
have three parts corresponding to geographical indications of wine, of spirit drinks
and of agricultural products respectively.

2. Each geographical indication of wine and of agricultural products shall be identified
in the Union register of geographical indications as a ‘protected designation of
origin’ or a ‘protected geographical indication’ as the case may be, and each
geographical indication of spirit drinks shall be identified as a ‘geographical
indication’.

3. Geographical indications concerning products from third countries that are protected
in the Union under an international agreement to which the Union is a contracting
party may be entered in the Union register of geographical indications. The
Commission shall register such geographical indications by means of implementing
acts adopted in accordance with the examination procedure referred to in Article
53(2). As regards wine and agricultural products, unless specifically identified in
those agreements as protected designations of origin, the names of such products

# EN 40 EN

shall be entered in the Union register of geographical indications as protected
geographical indications.

4. Each geographical indication shall be entered in the Union register of geographical
indications in its original script. Where the original script is not in 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 of geographical
indications and shall have equal status.

5. The Commission shall make public and regularly update the list of the international
agreements referred to in paragraph (3) as well as the list of geographical indications
protected under those agreements.

6. The Commission shall retain 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 case of cancellation for 10 years thereafter.

7. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate
the Union register of geographical indications.

8. The Commission may adopt implementing acts defining the content and presentation
of the Union register of geographical indications. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 53(2).

_Article 24_

**Extracts from the Union register of geographical indications**

1. Any person shall be able to download an official extract from the Union register of
geographical indications that provides proof of registration of the geographical
indication, and the relevant data including the date of application for the registration
of the geographical indication or other priority date. This official extract may be used
as an authentic certificate in legal proceedings, in a court of law, court of arbitration
or similar body.

2. Where a producer group has been recognised by the national authorities in
accordance with Article 33, that group shall be identified as the rights' holder of the
geographical indication in the Union register of geographical indications and in the
official extract referred to in paragraph (1).

3. The Commission may adopt implementing acts defining the format and online
presentation of extracts from the Union register of geographical indications,
and providing for the exclusion or anonymisation of protected personal data. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 53(2).

_Article 25_

**Amendments to a product specification**

1. A producer group having a legitimate interest may apply for the approval of an
amendment to the product specification of a registered geographical indication.

2. Amendments to a product specification shall be classified into two categories:

(a) Union amendments, requiring an opposition procedure at Union level; and

# EN 41 EN

(b) standard amendments to be dealt with at Member State or third country level.

3. An amendment shall be a Union amendment if it entails a change of the single
document and:

(a) includes a change in the name, or in the use of the name, or, for wine and spirit
drinks, in the category of product or products designated by the geographical
indication, or, for spirit drinks, in the legal name; or

(b) risks voiding the link to the geographical area referred to in the single
document; or

(c) entails further restrictions on the marketing of the product.

4. Any other amendment to a product specification of a registered geographical
indication, that is not a Union amendment in accordance with paragraph 3, shall be
considered as a standard amendment.

5. A standard amendment shall be considered as a temporary amendment when it
concerns a temporary change in the product specification resulting from the
imposition of obligatory sanitary and phytosanitary measures by the public
authorities or a temporary amendment necessary because of a natural disaster or
adverse weather conditions formally recognised by the competent authorities.

6. Union amendments shall be approved by the Commission. The approval procedure
shall follow, _mutatis mutandis_, the procedure laid down from Article 8 to Article 22.

7. Applications for Union amendments submitted by a third country or by producers in
a third country shall contain proof that the requested amendment complies with the
laws on the protection of geographical indications in force in that third country.

8. If an application for a Union amendment to the product specification of a registered
geographical indication also includes standard amendments or temporary
amendments, the Commission shall scrutinise the Union amendment only. Any
standard amendments or temporary amendments shall be deemed as not having been
submitted. The scrutiny of such applications shall focus on the proposed Union
amendments. Where appropriate, the Commission or the Member State concerned
may invite the applicant to modify other elements of the product specifications.

9. Standard amendments shall be approved by Member States or third countries in
whose territory the geographical area of the product concerned is located and
communicated to the Commission. The Commission shall make those amendments
public.

10. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by provisions entrusting EUIPO with the
publication of standard amendments referred to in paragraph (9).

11. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of an application for a Union amendment and
on procedures, the form and communication of standard amendments to the
Commission. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 53(2).

_Article 26_

**Cancellation of the registration**

# EN 42 EN

1. The Commission may, on its own initiative or on a duly substantiated request by a
Member State, a third country or any natural or legal person having a legitimate
interest, adopt implementing acts to cancel the registration of a geographical
indication in the following cases:

(a) where compliance with the requirements for the product specification can no
longer be ensured; or

(b) where no product has been placed on the market under the geographical
indication for at least seven consecutive years.

2. The Commission may also adopt implementing acts cancelling the registration at the
request of the producers of the product marketed under the registered name.

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in
accordance with the examination procedure referred to in Article 53(2).

4. Article 9, Articles from Article 15 to Article 20 and Article 22 shall apply _mutatis_
_mutandis_ to the cancellation procedure.

5. Before adopting the implementing acts referred to in paragraphs 1 and 2, the
Commission shall consult the authorities of the Member State, the authorities of the
third country or, where possible, the third country producer which had originally
applied for the registration of the geographical indication concerned, unless the
cancellation is directly requested by those original applicants.

6. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks
set out in paragraph (5).

7. The Commission may adopt implementing acts laying down detailed rules on
procedures and the form of the cancellation of registrations, as well as on the
presentation of the requests referred to in paragraphs 1 and 2. Those implementing
acts shall be adopted in accordance with the examination procedure referred to in
Article 53(2).

### **Chapter 3** **Protection of geographical indications**

_Article 27_

**Protection of geographical indications**

1. Geographical indications entered in the Union register of geographical indications
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 registered under that name or where use of a name
exploits, weakens, dilutes, or is detrimental to the reputation of, the protected

name;

(b) any misuse, imitation or evocation, even if the true origin of the products or
services is indicated or if the protected name is translated or accompanied by
an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’,
‘flavour’, ‘like’ or similar.

# EN 43 EN

(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,
advertising material, documents or information provided on websites relating
to the product concerned, and the packing of the product in a container liable to
convey a false impression as to its origin;

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

2. For the purposes of paragraph (1), point (b), the evocation of a geographical
indication shall arise, in particular, where a term, sign, or other labelling or
packaging device presents a direct and clear link with the product covered by the
registered geographical indication in the mind of the reasonably circumspect
consumer, thereby exploiting, weakening, diluting or being detrimental to the
reputation of the registered name.

3. paragraph (1) shall also apply to a domain name containing or consisting of the
registered geographical indication.

4. The protection referred to in paragraph (1) also applies to:

(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.

5. The recognised group of producers or any operator that is entitled to use the
protected designation of origin or protected geographical indication shall be entitled
to prevent all third parties from bringing goods, in the course of trade, into the Union
without being released for free circulation there, where such goods, including
packaging, come from third countries and are in breach of paragraph (1).

6. Geographical indications protected under this Regulation shall not become generic in
the Union.

7. Where a geographical indication is a compound name which contains a term which is
considered to be generic, the use of that term shall not constitute a conduct referred
to inparagraph (1), point (a) and (b).

_Article 28_

**Ingredients in processed products**

1. Article 27 is without prejudice to the use of a geographical indication by operators in
conformity with Article 36 to indicate that a processed product contains, as an
ingredient, a product designated by that geographical indication provided that such
use is made in accordance with honest commercial practices and does not weaken,
dilute or is not detrimental to the reputation of the geographical indication.

2. The geographical indication designating a product ingredient shall not be used in the
food name of the related processed product, except in cases of an agreement with a
producer group representing two thirds of the producers.

3. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by additional rules on the use of
geographical indications to identify ingredients in processed products referred to in
paragraph (1) of this Article.

# EN 44 EN

_Article 29_

**Generic terms**

1. Generic terms shall not be registered as geographical indications.

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

(a) the existing situation in the areas of consumption;

(b) the relevant national or Union legal acts.

3. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by additional rules for determining the
generic status of terms referred to in paragraph (1) of this Article.

_Article 30_

**Homonymous geographical indications**

1. A geographical indication that has been applied for after a wholly or partly
homonymous geographical indication had been applied for or protected in the Union,
shall not be registered unless there is sufficient distinction in practice between the
conditions of local and traditional usage and the presentation of the two
homonymous indications, taking into account the need to ensure equitable treatment
of the producers concerned and that consumers are not misled as to the true identity
or geographical origin of the products.

2. A wholly or partly homonymous name which misleads the consumer into believing
that products come from another territory shall not be registered even if the name for
the actual territory, region or place of origin of the products in question is accurate.

3. For the purposes of this Article, a homonymous geographical indication applied for
or protected in the Union refers to:

(a) geographical indications that are entered in the Union register of geographical
indications;

(b) geographical indications that have been applied for provided that they are
subsequently entered in the Union register of geographical indications;

(c) appellations of origin and geographical indications protected in the Union
pursuant to Regulation (EU) 2019/1753 of the European Parliament and of the
Council [45] ; 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.

4. The Commission shall cancel the geographical indications registered in breach of
paragraph (1) and (2).

5. The implementing acts referred to in paragraph (4) shall be adopted without applying
the procedure referred to in Article 53(2).

45 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).

# EN 45 EN

_Article 31_

**Trade marks**

A name shall not be registered as a geographical indication where, in the light of a trade
mark's reputation and renown, registration of the name proposed as a geographical indication
could mislead the consumer as to the true identity of the product.

_Article 32_

**Producer groups**

1. A producer group shall be set up on the initiative of interested stakeholders,
including farmers, farm suppliers, intermediate processors and final processors, as
specified by the national authorities and according to the nature of the product
concerned. Member States shall verify that the producer group operates in a
transparent and democratic manner and that all producers of the product designated
by the geographical indication enjoy right of membership in the group. Member
States may provide that public officials, and other stakeholders such as consumer
groups, retailers and suppliers, also participate in the works of the producer group.

2. A producer group may exercise in particular the following powers and
responsibilities:

(a) develop the product specification and manage internal controls that ensure
compliance of production steps of the product designated by the geographical
indication with the said specification;

(b) take legal action to ensure protection of the geographical indication and of the
intellectual property rights that are directly connected with it;

(c) agree sustainability undertakings, whether or not included in the product
specification or as a separate initiative, including arrangements for verification
of compliance with those undertakings and assuring adequate publicity for
them notably in an information system provided by the Commission;

(d) take action to improve the performance of the geographical indication,
including:

(i) development, organisation and conduct of collective marketing and
advertising campaigns;

(ii) dissemination of information and promotion activities aiming at
communicating the attributes of the product designated by a geographical
indication to consumers;

(iii) carrying out analyses into the economic performance, sustainability of

production, nutritional profile, and organoleptic profile, of the product
designated by the geographical indication;

(iv) dissemination of information on the geographical indication and the

relevant Union symbol; and

(v) providing advice and training to current and future producers, including
on gender mainstreaming and equality.

(e) combat counterfeiting and suspected fraudulent uses on the internal market of a
geographical indication designating products that are not in compliance with
the product specification, by monitoring the use of the geographical indication

# EN 46 EN

across the internal market and on third countries markets where the
geographical indications are protected, including on the internet, and, as
necessary, inform enforcement authorities using confidential systems available.

_Article 33_

**Recognised producer groups**

1. Upon a request of producer groups fulfilling the conditions of paragraph 3, Member
States shall designate, in accordance with their national law, one producer group as
recognised producer group for each geographical indication originating in their
territory that is registered or is subject to an application for registration or for product
names that are a potential subject for application for registration.

2. A producer group may be designated as recognised producer group subject to a prior
agreement concluded between at least two-thirds of the producers of the product
bearing a geographical indication, accounting for at least two-thirds of the production
of that product in the geographical area referred to in the product specification. As an
exception, an authority, as referred to in Article 8(2), and a single producer, as
referred to in Article 8(3), shall be deemed to be a recognised producer group.

3. In addition to the powers and responsibilities referred to in Article 32(2), a
recognised producer group may exercise the following powers and responsibilities:

(a) to liaise with intellectual property enforcement and anti-counterfeit bodies and
participate in intellectual property enforcement networks as the geographical
indication right holder;

(b) to take enforcement actions, including filing applications for actions with
custom authorities, to prevent or counter any measures which are, or risk being,
detrimental to the image of their products;

(c) to recommend to the national authorities binding rules to be adopted in
accordance with Article 166a of Regulation (EU) No 1308/2013 for the
regulation of the supply of products designated by a geographical indication;

(d) with a view to protecting the geographical indication in the internet domain
name systems outside the jurisdiction of the Union, to register an individual,
collective or certification trade mark depending on the trade mark system
concerned, containing, as one of its prominent elements, a geographical
indication and restricted to product conforming to the corresponding product
specification.

4. The powers and responsibilities referred to in paragraph 2 shall be subject to a prior
agreement concluded between at least two-thirds of the producers of the product
designated by a geographical indication, accounting for at least two-thirds of the
production of that product in the geographical area referred to in the product
specification.

5. Member States shall carry out checks in order to ensure that the conditions laid down
in paragraph 2 are complied with. Where the competent national authorities find that
such conditions have not been complied with, Member States shall annul the decision
on the recognition of the producer group.

# EN 47 EN

_Article 34_

**Protection of geographical indication rights in domain names**

1. Country-code top-level domain name registries established in the Union may, upon
the request of a natural or legal person having a legitimate interest or rights, revoke
or transfer a domain name registered under such country-code top-level domain to
the recognised producer group of the products with the geographical indication
concerned, following an appropriate alternative dispute resolution procedure or
judicial procedure, if such domain name has been registered by its holder without
rights or legitimate interest in the geographical indication or if it has been registered
or is being used in bad faith and its use contravenes Article 27.

2. Country-code top-level domain name registries established in the Union shall ensure
that any alternative dispute resolution procedure established to solve disputes
relating to the registration of domain names referred to in paragraph (1), shall
recognise geographical indications as rights that may prevent a domain name from
being registered or used in bad faith.

3. The Commission shall be empowered to adopt delegated acts in accordance
withArticle84 supplementing this Regulation by provisions entrusting EUIPO to
establish and manage a domain name information and alert system that would
provide the applicant, upon the submission of an application for a geographical
indication, with information about the availability of the geographical indication as a
domain name and, on optional basis, the registration of a domain name identical to
their geographical indication. That delegated act shall also include the obligation for
registries of country-code top-level domain names, established in the Union, to
provide EUIPO with the relevant information and data.

_Article 35_

**Conflicting trade marks**

1. The registration of a trade mark the use of which would contravene Article 27 shall
be rejected if the application for registration of the trade mark is submitted after the
date of submission to the Commission of the application for the registration of the
geographical indication.

2. Trade marks registered in breach of paragraph (1) shall be invalidated by
EUIPO and, when applicable, the competent national authorities.

3. A trade mark the use of which contravenes Article 27, which has been applied for,
registered, or established by use in good faith within the territory of the Union, if that
possibility is provided for by the legislation concerned, before the date on which the
application for registration of the geographical indication is submitted to the
Commission, may continue to be used and renewed notwithstanding the registration
of a geographical indication, provided that no grounds for invalidity or revocation of
the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001.
In such cases, the use of the geographical indication, if then registered, and that of
the relevant trade mark shall be permitted.

4. For geographical indications registered in the Union without the submission of a
Union application for registration, the date of the first day of protection shall be
deemed to be the date of submission to the Commission of the application for
registration of the geographical indication for the purposes of paragraphs 1 and 3.

# EN 48 EN

5. Without prejudice to Regulation (EU) No 1169/2011, guarantee or certification
marks referred to in Article 28(4) of Directive (EU) 2015/2436 and collective marks
referred to in Article 29(3) of that Directive may be used on labels, together with the
geographical indication.

_Article 36_

**Right of use**

A registered geographical indication may be used by any operator marketing a product
conforming to the corresponding product specification or single document or an equivalent
to the latter.

Member States shall ensure that any operator complying with the rules set out in this
Title is covered by the verification of compliance of the product specification established
pursuant to Article 39. Member States may charge a fee to cover their costs of managing the
controls system.

The circumstance by which a geographical indication consists of or contains the name of the
estate of a single applicant producer shall not prevent other producers and operators from
using the registered geographical indication provided that it is used to designate a product that
is in conformity with the product specification.

_Article 37_

**Union symbols, indications and abbreviations**

1. The following Union symbols designed to mark and publicise geographical
indications shall be established:

(a) a symbol identifying protected designations of origin of wine and of
agricultural products; and

(b) a symbol identifying protected geographical indications of wine and of
agricultural products and geographical indications of spirit drinks.

2. In the case of products originating in the Union that are marketed under a
geographical indication, the Union symbol associated with it shall appear on the
labelling and advertising material. The geographical indication shall appear in the
same field of vision as the Union symbol. The labelling requirements laid down in
Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory
particulars shall apply to the geographical indication.

3. By way of derogation from paragraph (2), in the case of wine and spirit drinks
originating in the Union that are marketed under a geographical indication, Union
symbols may be omitted from the labelling and advertising material of the product
concerned.

4. The Union symbol for protected geographical indications established pursuant to
paragraph (1) may be used in the description, presentation and labelling of spirit
drinks the names of which are geographical indications.

5. Where wine, agricultural products or spirit drinks are designated by a geographical
indication the indications ‘protected designation of origin’ or ‘protected geographical
indication’ shall appear on the labelling of wine, the indications ‘protected
designation of origin’ or ‘protected geographical indication’ may appear on the

# EN 49 EN

labelling of agricultural products and the indication ‘geographical indication’ may
appear on the labelling of spirit drinks, respectively.

The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected
designation of origin’ or ‘protected geographical indication’, may appear on the
labelling of wine and of agricultural products designated by a geographical
indication.

6. Indications, abbreviations and Union symbols may be used in the labelling and
advertising materials of processed products when the geographical indication refers
to an ingredient thereof. In that case, the indication, abbreviation or Union symbol
shall be placed next to the name of the ingredient that is clearly identified as an
ingredient. The Union symbol shall not be placed in association with the name of the
food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a
manner that suggests to the consumer that the processed product rather than the
ingredient is the object of registration.

7. After the submission of a Union application for the registration of a geographical
indication, producers may indicate on the labelling and in the presentation of the
product that an application for registration has been filed in compliance with Union
law.

8. Union symbols indicating the protected designation of origin or protected
geographical indication and the Union indications ‘protected designation of origin’,
‘protected geographical indication’ and ‘geographical indication’ and the
abbreviations ‘PDO’ or ‘PGI’ as relevant, may appear on the labelling only after the
publication of the act of registration of that geographical indication.

9. Where an application is rejected, any products labelled in accordance with paragraph
(6) may be marketed until the stocks are exhausted.

10. The following may also appear on the labelling:

(a) depictions of the geographical area of origin referred to in the product
specification; and

(b) text, graphics or symbols referring to the Member State and the region in which
that geographical area of origin is located.

11. Union symbols associated with geographical indications entered in the Union register
of geographical indications designating products originating in third countries, may
appear on the product labelling and advertising material, in which case the symbols
shall be used in conformity with paragraph (2) and (4).

12. The Commission may adopt implementing acts establishing the Union symbols for
geographical indications, defining the technical characteristics of the Union symbols
for geographical indications as well as the rules on their use and the use of the
indications and abbreviations on products marketed under a registered geographical
indication, including rules concerning the appropriate linguistic versions to be used.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 53(2).

# EN 50 EN

### **Chapter 4** **Controls and enforcement**

_Article 38_

**Scope**

1. This Chapter covers controls and enforcement of geographical indications of
spirit drinks and of agricultural products.

2. For the purposes of this Chapter, controls include:

(a) verification that a product designated by a geographical indication has been
produced in compliance with the corresponding product specification; and

(b) monitoring of the use of geographical indications in the marketplace.

3. When performing the controls and enforcement activities provided for in this Title,
the responsible competent authorities and product certification bodies shall comply
with the requirements laid down in Regulation (EU) 2017/625. However, Title VI,
Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical
indications.

_Article 39_

**Verification of compliance with the product specification**

1. Member States shall draw up and keep up to date a list of producers of products
designated by a geographical indication entered in the Union register of geographical
indications originating in their territory.

2. Producers are responsible for internal controls that ensure compliance with the
product specification of products designated by geographical indications before the
product is placed on the market.

3. In addition to internal controls referred to in paragraph 2, prior to placing on the
market a product designated by a geographical indication and originating in the
Union, third party verification of compliance with the product specification, shall be
carried out by:

(a) one or more competent authorities within the meaning of Article 3, point (3), of
Regulation (EU) 2017/625; or

(b) one or more product certification bodies to which responsibilities have been
delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.

4. In respect of geographical indications that designate products originating in a
third country, verification of compliance with the product specification, before
placing the product on the market, shall be carried out by:

(a) a public competent authority designated by the third country; or

(b) one or more product certification bodies.

5. Where, in accordance with the product specification, a production step is carried out
by one or more producers in a country other than the country of the origin of the
geographical indication, provisions for verification of compliance of those producers
shall be set out in the product specification. If the relevant production step takes

# EN 51 EN

place in the Union, the producers shall be notified to the competent authorities of the
Member State where the production step takes place and be subject to verification as
a producer of the product designated by the geographical indication.

6. Where a Member State applies Article 8(2), the verification of compliance with the
product specification shall be ensured by an authority other than that deemed to be a
producer group under that paragraph.

7. The costs of verification of compliance with the product specification may be borne
by the operators which are subject to those controls. The Member States may also
contribute to those costs.

_Article 40_

**Public information on competent authorities and product certification bodies**

1. Member States shall make public the names and addresses of the competent
authorities and product certification bodies referred to in Article 39(3) and keep that
information up-to-date.

2. The Commission shall make public the names and addresses of the competent
authorities and product certification bodies referred to in Article 39(4) and update
that information periodically.

3. The Commission may establish a digital portal where the names and addresses of the
competent authorities and product certification bodies referred to in paragraphs 1 and
2 are made public.

_Article 41_

**Accreditation of product certification bodies**

1. The product certification bodies referred to in Article 39(3), point (b) and Article
39(4), point (b) shall comply with and be accredited in accordance with:

(a) European standard ISO/IEC 17065:2012 ‘Conformity assessment —
Requirements for bodies certifying products, processes and services,
including European standard ISO/IEC 17020:2012 ‘Conformity assessment —
Requirements for the operation of various types of bodies performing
inspection’; or

(b) other suitable, internationally recognised standards, including any revisions or
amended versions of the European standards referred to in point (a).

2. Accreditation referred to in paragraph 1 shall be performed by an accreditation body
recognised in accordance with Regulation (EC) No 765/2008, that is a member of
European Accreditation, or by an accreditation body outside the Union that is a
member of International Accreditation Forum.

_Article 42_

**Controls and enforcement of geographical indications in the marketplace**

1. Member States shall designate one or more enforcement authorities, which may be
the same as the competent authorities referred to in Article 39(3), responsible
for controls in the marketplace and enforcement of geographical indications after the
product designated by a geographical indication has completed all production steps,

# EN 52 EN

whether it is in storage, transit, distribution, or offered for sale at wholesale or retail
level, including in electronic commerce.

2. The enforcement authority shall carry out controls of products designated by
geographical indications to ensure conformity with the product specification or the
single document or an equivalent to the latter.

3. Member States shall take appropriate administrative and judicial steps to prevent or
stop the use of names of products or services that are produced, operated or marketed
in their territory and that contravenes the protection of geographical
indications provided for in Article 27 and Article 28.

4. The authority designated in accordance with paragraph 1 shall coordinate
enforcement of geographical indications among relevant departments, agencies and
bodies, including police, anti-counterfeiting agencies, customs, intellectual property
offices, food law authorities and retail inspectors.

_Article 43_

**Obligations applicable to providers of intermediary services**

1. Sale of goods to which persons established in the Union have access, that
contravenes Article 27, shall be considered illegal content within the meaning of
Article 2, point (g) of Regulation (EU) 2022/xxx of the European Parliament and of
the Council [46] .

2. Competent authorities of the Member States may issue an order to act in accordance
with Article 8 of Regulation (EU) 2022/xxx against illegal content as referred to in
paragraph 1 of this Article.

3. Pursuant to Article 14 of Regulation (EU) 2022/xxx, any individual or entity
may notify providers of hosting services of the presence of a specific content that is
in breach Article 27 of this Regulation.

4. This regulation is without prejudice to Regulation (EU) 2022/xxx.

_Article 44_

**Mutual assistance and exchange of information**

1. Member States shall assist each other for the purpose of carrying out the controls and
enforcement provided for in this Chapter in accordance with Regulation (EU)
2017/625.

2. The Commission may adopt implementing acts detailing the nature and the type of
the information to be exchanged and the methods for exchanging information for the
purpose of controls and enforcement under this Chapter. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article
53(2).

3. 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 that the competent authorities of
another Member State perform.

46 Regulation (EU) […] of the European Parliament and of the Council of […] on a Single Market For
Digital Services (DSA) and amending Directive 2000/31/EC (OJ L …, XXX, dd/mm/yyyy, p. X).

# EN 53 EN

4. In case of a possible violation of protection conferred to a geographical indication,
Member States shall take measures to facilitate the transmission, from law
enforcement authorities, public prosecutors and judicial authorities, to the competent
authorities referred in Article 39(3) of information on such possible violation.

5. For the specific purpose of facilitating the exchange of information on noncompliance or fraud concerning registered geographical indications, Member States
shall use the information management system established under Regulation (EU)
2017/625 or any other system that might be established in the future for that purpose.

_Article 45_

**Certificates of authorisation to produce**

1. A producer whose product, following the verification of compliance referred to
in Article 39 is found to comply with the product specification of a geographical
indication protected in accordance with this Regulation shall be entitled to an official
certificate, or other proof of certification, of eligibility to produce the product
designated by the geographical indication concerned in respect of the production
steps performed by the said producer.

2. The proof of certification referred to in paragraph 1 shall be made available on
request to enforcement authorities, customs or other authorities in the Union engaged
in verifying the use of geographical indications on goods declared for free circulation
or placed on the internal market. The producer may make the proof of certification
available to the public or to any person who requests such proof in the course of
business.

### **Chapter 5** **Technical assistance**

_Article 46_

**Scrutiny of third country geographical indications**

The Commission shall be empowered to adopt delegated acts in accordance with Article
84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third
country geographical indications, other than geographical indications under the Geneva Act of
the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for
protection pursuant to international negotiations or international agreements.

_Article 47_

**Monitoring and reporting**

1. Where the Commission exercises any of the empowerments provided for in this
Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated
acts in accordance with Article 84 to supplement this Regulation by criteria for
monitoring performance in the execution of such tasks. Such criteria may include:

(a) the extent of integration of agricultural factors in the scrutiny process;

(b) quality of assessments;

(c) coherence of assessments of geographical indications from different sources;

# EN 54 EN

(d) efficiency of tasks; and

(e) user satisfaction.

2. No later than 5 years after the first delegation of any tasks to EUIPO, the
Commission shall prepare and submit a report to the European Parliament and to the
Council on the results and experience of the exercise of these tasks by EUIPO.

### **Chapter 6** **Geographical indications of agricultural products**

_Article 48_

**Designations of origin and geographical indications**

1. A ‘designation of origin’ of an agricultural product is a name which identifies a
product:

(a) originating in a specific place, region or, in exceptional cases, a country;

(b) whose quality or characteristics are essentially or exclusively due to a
particular geographical environment with its inherent natural and human
factors; and

(c) the production steps of which all take place in the defined geographical area.

2. A ‘geographical indication’ of an agricultural product is a name which identifies a
product:

(a) originating in a specific place, region or country;

(b) whose given quality, reputation or other characteristic is essentially attributable
to its geographical origin; and

(c) at least one of the production steps of which takes place in the defined
geographical area.

3. The following agricultural products are excluded from being the subject of a
protected designation of origin or a protected geographical indication:

(a) products that by their nature cannot be traded within the internal market and
can only be consumed in or near their place of manufacture, such as
restaurants;

(b) products that, without prejudice to the rules referred to in Article 5(2), are
contrary to public policy or to accepted principles of morality and may not be
placed on the internal market.

4. Notwithstanding paragraph 1, certain names shall be registered as designations of
origin even though the raw materials for the products concerned come from a
geographical area larger than, or different from, the defined geographical area,
provided that:

(a) the production area of the raw materials is defined;

(b) special conditions for the production of the raw materials exist;

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

# EN 55 EN

(d) the designations of origin in question were recognised as designations of origin
in the country of origin before 1 May 2004.

Only live animals, meat and milk may be considered as raw materials for the
purposes of this paragraph.

5. For the purposes of paragraph (2), point (b), ‘other characteristic’ may include
traditional production practices, traditional product attributes and farming practices
that protect environmental value including biodiversity, habitats, nationally
recognised environmental zones and landscape.

6. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 concerning restrictions and derogations with regard to the sourcing of feed
in the case of a designation of origin.

7. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 concerning restrictions and derogations with regard to the
slaughtering of live animals or with regard to the sourcing of raw materials. These
restrictions and derogations shall, based on objective criteria, take into account
quality or usage and recognised know-how or natural factors.

_Article 49_

**Plant varieties and animal breeds**

1. A name may not be registered as a geographical indication where it conflicts with a
denomination of a plant variety or animal breed and is likely to mislead the consumer
as to the true identity or origin of the product designated by the geographical
indication or cause confusion between products designated by the geographical
indication and the variety or breed in question.

2. The conditions referred to in paragraph (1) shall be assessed in relation to the actual
use of the names in conflict, including the use of the denomination of the plant
variety or animal breed outside its area of origin and the use of the denomination of a
plant variety protected by Community plant variety rights.

3. This Regulation shall not prevent the placing on the market of a product that does not
conform with the product specification of a registered geographical indication, the
labelling of which includes the name or part of the name of that geographical
indication, that contains or comprises the denomination of a plant variety or animal
breed, provided that the following conditions are met:

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

(b) consumers are not misled;

(c) the usage of the denomination of the variety or breed name constitutes fair
competition;

(d) the usage does not exploit the reputation of the registered geographical
indication; and

(e) the production and marketing of the product in question had spread beyond its
area of origin prior to the date of application for registration of the
geographical indication.

# EN 56 EN

4. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 concerning rules for determining the use of denominations of plant
varieties and animal breeds.

_Article 50_

**Specific rules on sourcing of feed and of raw materials**

1. For the purposes of Article 48, feed shall be sourced entirely from within the defined
geographical area in respect of products of animal origin the name of which is
registered as a designation of origin.

2. Insofar as sourcing entirely from within the defined geographical area is not
technically practicable, feed sourced from outside that area can be added, provided
that the product quality or characteristic essentially due to the geographical
environment are not affected. Feed sourced from outside the defined geographical
area shall not exceed 50 % of dry matter on an annual basis.

3. Any restrictions to the origin of raw materials provided in the product specification
of a product the name of which is registered as a geographical indication shall be
justified with respect to the link referred to in Article 51(1), point (f) .

_Article 51_

**Product specification**

1. Products the names of which are registered as a designation of origin or a
geographical indication shall comply with a product specification which shall include
at least:

(a) the name to be protected as a designation of origin or geographical indication,
which may be either a geographical name of the place of production of a
specific product, or a name used in trade or in common language to describe
the specific product in the defined geographical area;

(b) a description of the product, including where relevant, the raw materials, plant
varieties and animal breeds concerned, including the commercial designation
of the species and its scientific name, as well as the principal physical,
chemical, microbiological or organoleptic characteristics of the product;

(c) the definition of the delimited geographical area creating the link referred to in
point (f)(i) or (ii), and, where appropriate, details indicating compliance with
the requirements of Article 48(4) ;

(d) evidence that the product originates in the defined geographical area specified
in accordance with Article 48(1), point (c), or Article 48(2), point (c);

(e) a description of the method of obtaining the product and, where appropriate,
the traditional methods and specific practices used; as well as information
concerning packaging, if the applicant group so determines and gives sufficient
product-specific justification as to why the packaging must take place in the
defined geographical area to safeguard quality, to ensure the origin or to ensure
control, taking into account Union law, in particular that on the free movement
of goods and the free provision of services;

(f) details establishing the following:

# EN 57 EN

(i) as regards a designation of origin, the link between the quality or
characteristics of the product and the geographical environment referred
to in Article 48(1), point (b). The details concerning human factors of
that geographical environment may, where relevant, be limited to a
description of the soil and landscape management, cultivation practices
or any other relevant human contribution to the maintenance of the
natural factors of the geographical environment referred to in that
provision;

(ii) as regards a geographical indication, the link between a given quality, the
reputation or other characteristic of the product and the geographical
origin referred to in Article 48(2), point (b);

(g) any specific labelling rule for the product in question;

(h) other applicable requirements where provided for by Member States or by
a producer group, if applicable, having regard to the fact that such requirements
must be objective, non-discriminatory and compatible with national and Union
law.

2. The product specification may also include sustainability undertakings.

3. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 concerning rules which 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 for registration.

4. The Commission may adopt implementing acts 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 53(2).

_Article 52_

**Single document**

1. The single document shall comprise:

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

(b) a description of the link between the product and the geographical environment
or geographical origin referred to in Article 51(1), point (f), including, where
appropriate, the specific elements of the product description or production
method justifying that link.

2. The Commission may adopt implementing acts defining the format and the online
presentation of the single document provided for in paragraph 1 and providing for the
exclusion or anonymisation of protected personal data. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article
53(2).

# EN 58 EN

### **Chapter 7** **Procedural provisions**

_Article 53_

**Committee procedure**

1. The Commission shall be assisted by a committee, called the Geographical
Indications Committee. 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.

### **Title III** **Quality schemes** **Chapter 1** **Traditional specialities guaranteed**

_Article 54_

**Objective and scope**

1. A scheme for traditional specialities guaranteed is established to safeguard traditional
methods of production and recipes by helping producers of traditional product in
marketing and communicating the value-adding attributes of their traditional recipes
and products to consumers.

2. This Chapter applies to agricultural products.

For the purposes of this Chapter, agricultural products means agricultural products
intended for human consumption listed in Annex I to the Treaty on the Functioning
of the European Union and other agricultural products and foodstuffs listed in Annex
II to this Regulation.

This Chapter shall not apply to spirit drinks, aromatised wines or grapevine products
as defined in Part II of Annex VII to Regulation (EU) No 1308/2013, with the
exception of wine-vinegars.

3. The registration and the protection of traditional specialities guaranteed are without
prejudice to the obligation of producers to comply with other Union rules, in
particular relating to the placing of products on the market, to the single common
organisation of the markets, and to food labelling.

_Article 55_

**Eligibility criteria**

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

(a) results from a mode of production, processing or composition corresponding to
traditional practice for that product or foodstuff; or

# EN 59 EN

(b) is produced from raw materials or ingredients traditionally used.

2. For a name to be registered as a traditional speciality guaranteed, it shall:

(a) have been traditionally used to refer to the product; or

(b) identify the traditional character or of the product.

3. Where in the opposition procedure under Article 62 it is demonstrated that the name
is also used in another Member State or in a third country, in order to distinguish
comparable products or products that share an identical or similar name, the decision
on registration adopted in accordance with Article 65(3) may provide that the name
of the traditional speciality guaranteed is to be accompanied by the claim ‘made
following the tradition of’ immediately followed by the name of a country or a
region thereof.

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

5. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 supplementing this Regulation with further details of the eligibility
criteria laid down in this Article.

_Article 56_

**Product specification**

1. A traditional speciality guaranteed shall comply with a product specification which
shall comprise:

(a) the product name proposed for registration, in the appropriate language
versions;

(b) a description of the product including its main physical, chemical,
microbiological or organoleptic characteristics;

(c) a description of the production method that the producers must follow,
including, where appropriate, the nature and characteristics of the raw materials
or ingredients used, if relevant including the commercial designation of the
species involved and its scientific name, and the method by which the product
is prepared; and

(d) the key elements establishing the product’s traditional character.

2. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 laying down rules which limit the information contained in the
specification referred to in paragraph 1 of this Article, where such a limitation is
necessary to avoid excessively voluminous applications for registration.

3. The Commission may adopt implementing acts 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 80(2).

_Article 57_

**National stage of the procedure of registration**

1. Applications for the registration of a traditional speciality guaranteed may only be
submitted by groups of producers of products with the name to be protected. Several

# EN 60 EN

groups from different Member States or third countries may lodge a joint application
for registration.

2. An application for registration of a name as a traditional speciality guaranteed shall
comprise:

(a) the name and address of the applicant group of producers;

(b) the product specification as provided for in Article 56.

3. Where the application is prepared by a group of producers established in a Member
State, the application shall be addressed to the authorities of that Member State. The
Member State shall scrutinise the application in order to check that it is justified and
meets the conditions of the eligibility criteria referred to in Article 55. As part of the
scrutiny, the Member State shall manage a national opposition procedure. If the
Member State considers that the requirements of this Chapter are met, it may take a
favourable decision and lodge a Union application for registration with the
Commission.

4. The Member State shall ensure that its decision, be it favourable or not, is made
public and that any natural or legal person having a legitimate interest has an
opportunity to challenge that decision. The Member State shall also ensure that the
product specification on which its favourable decision is based is published, and shall
provide electronic access to the product specification.

5. Where the application, including a joint application, is prepared by a group or groups
of producers established in a third country, the application shall be lodged either
directly or via the authorities of the third country concerned.

_Article 58_

**Union application for registration**

1. A Union application for the registration of a traditional speciality guaranteed shall
comprise:

(a) the elements referred to in Article 57(2); and

(b) for Member States only, a declaration by the Member State that it considers that
the application lodged by the applicant group meets the conditions of registration.

2. Where a joint application, referred to in Article 57(1) is submitted, the application
shall be submitted to the Commission by one of the Member States concerned. It
shall include, as relevant, the elements referred to in Article 57(2) as well as the
declaration referred to in paragraph 1, point (b), of this Article from all Member
States concerned. The related national procedures, including the opposition stage,
shall be carried out in all the Member States concerned.

3. The Commission shall be empowered to adopt delegated acts in accordance
withArticle 84 supplementing this Regulation by additional rules for joint
applications for the registration of a traditional speciality guaranteed concerning
more than one national territory and the application process.

4. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of applications for registration, including for
applications for the registration of a traditional speciality guaranteed concerning
more than one national territory. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 80(2).

# EN 61 EN

_Article 59_

**Submission of the Union application for registration**

1. A Union application for the registration of a traditional speciality guaranteed shall be
submitted to the Commission electronically, through a digital system. The digital
system shall have capacity to allow submission of applications to national authorities
of a Member State, and shall have capacity to be used by a Member State in its
national procedure.

2. The digital system shall have capacity to allow submission of applications by
applicants established outside the Union and by national authorities of third
countries.

3. Information on Union applications for registration shall be made public by the
Commission upon their submission through the digital system referred to
in paragraph(1)

_Article 60_

**Scrutiny by the Commission and publication for opposition**

1. The Commission shall scrutinise any application that it receives pursuant to Article
65(1) in order to check that it contains no manifest errors, that the information
provided in accordance with Article 58 is complete, that the product specification is
precise and technical in nature and that the requirements laid down
inArticle55 andArticle56 are fulfilled. Such a scrutiny shall take into account the
outcome of the national stage of the procedure carried out by the Member State
concerned.

2. The scrutiny should not exceed a period of 6 months. In the event that the scrutiny
period exceeds or is likely to exceed 6 months the Commission shall inform the
applicant of the reasons for the delay in writing.

3. The Commission may seek supplementary information from the applicant.

4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission
considers that the conditions laid down in this Chapter are fulfilled, it shall publish
the product specification in the Official Journal of the European Union.

_Article 61_

**National challenge to an application for registration**

1. Member States shall keep the Commission informed of any national administrative
or judicial proceedings that may affect the registration of a traditional speciality
guaranteed. In such a case, Member States may request the Commission to
suspend the examination procedure for a period of 12 months which can be renewed.

2. The Member State shall inform the Commission without delay if the application to
the Commission has been invalidated at national level by an immediately applicable
but not final judicial decision. In this case, the Commission shall be exempted from
the obligation to meet the deadline to perform the scrutiny referred to in Article
60(2) and to inform the applicant of the reasons for the delay.

# EN 62 EN

3. If the application to the Commission has been invalidated by a final decision taken
by a national court, the Member State shall consider appropriate action such as
withdrawal or modification of the application, as necessary.

_Article 62_

**Union opposition procedure**

1. Within 3 months from the date of publication of the product specification in the
Official Journal of the European Union pursuant to Article 60(4), the authorities of a
Member State or of a third country, or a natural or legal person having a legitimate
interest and established in a third country, may lodge an opposition with the
Commission.

2. Any natural or legal person having a legitimate interest, established or resident in a
Member State other than the one from which the Union application for registration
was submitted, may lodge an opposition with the Member State in which it is
established, within a time limit permitting an opposition to be lodged pursuant to the
first paragraph.

3. An opposition shall claim that the application could infringe the conditions laid down
in this Chapter and give reasons. An opposition that does not contain the said
claim shall be void.

4. The Commission shall check the admissibility of the opposition. If the Commission
considers that the opposition is admissible it shall, within 5 months from the date of
publication of the product specification in the Official Journal of the European Union
invite the authority or person that lodged the opposition and the authority or the
applicant that lodged the application to engage in appropriate consultations for a
reasonable period that shall not exceed 3 months. At any time during that period, the
Commission may, at the request of the authority or the applicant, extend the deadline
for the consultations by a maximum of 3 months.

5. The authority or person that lodged the opposition and the authority or applicant that
lodged the application shall start consultations without undue delay. They shall
provide each other with the relevant information to assess whether the application for
registration complies with the conditions of this Regulation.

6. Within 1 month from the end of the consultations referred to in paragraph(4), the
applicant established in the third country or the authorities of the Member State or of
the third country from which the Union application for registration was lodged shall
notify the Commission of the result of the consultations, including all the information
exchanged, whether agreement was reached with one or all of the opponents, and of
any consequent changes to the application. The authority or person that lodged an
opposition to the Commission may also notify the Commission of its position at the
end of the consultations.

7. Where, following the end of the consultations, the product specification published in
accordance with Article 60(4) has been modified, the Commission shall repeat its
scrutiny of the application for registration as modified. Where the application has
been modified in a substantial manner, and the Commission considers the modified
application meets the conditions for registration, it shall publish the application once
more in accordance with that paragraph.

# EN 63 EN

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

9. After completion of the opposition procedure, the Commission shall finalise its
assessment of the Union application for registration, taking into account any request
for transitional periods, the outcome of the opposition procedure and any other
matters arising subsequently to its scrutiny that may imply a change of the product
specification.

10. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 complementing the rules for the opposition procedure to establish
detailed procedures and deadlines.

11. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of oppositions. Those implementing acts shall
be adopted in accordance with the examination procedure referred to in Article
80(2) .

_Article 63_

**Grounds for opposition**

1. An opposition lodged in accordance with Article 62shall be admissible only if the
opponent:

(a) gives duly substantiated reasons for the incompatibility of the proposed
registration with the provisions of this Chapter; or

(b) demonstrates that the use of the name is lawful, renowned and economically
significant for similar agricultural products.

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

_Article 64_

**Transitional periods for the use of traditional specialities guaranteed**

1. The Commission may by means of implementing acts grant a transitional period of
up to 5 years to enable, for products the designation of which consists of or contains
a name that contravenes Article 69, the continued use of that designation, under
which they were marketed, provided that an admissible opposition, under Article
57(3) or Article 62, to the application for registration of the traditional speciality
guaranteed whose protection is contravened, shows that such desingnation has been
legally used on the internal market for at least 5 years preceding the date of the
publication provided for in Article 60(4) .

2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with
the examination procedure referred to in Article 80(2), except those where an
admissible opposition is lodged under Article 57(3), which shall be adopted without
applying that examination procedure.

_Article 65_

**Commission decision on the application for registration**

# EN 64 EN

1. Where, on the basis of the information available to the Commission from the scrutiny
carried out pursuant to Article 58(3), the Commission considers that any of the
requirements referred therein is not fulfilled, it shall adopt implementing acts
rejecting the application. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 80(2) .

2. Where it receives no admissible opposition, the Commission shall adopt
implementing acts, without applying the procedure referred to in Article 80(2),
registering the traditional speciality guaranteed.

3. Where an admissible opposition had been received, the Commission shall:

(a) register the name by means of implementing acts adopted without applying the
procedure referred to in Article 80(2), if an agreement has been reached, after
checking that the agreement complies with Union law, and, if necessary, amend the
information published pursuant to Article 60(4) provided such amendments are not
substantial; or

(b) adopt implementing acts deciding on the application for registration if an
agreement has not been reached. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 80(2) .

4. The acts registering a traditional speciality guaranteed shall provide for any
condition applicable to the registration and for the republication for information
of the single document published for opposition in the _Official Journal of the_
_European Union_ in case of any necessary amendments that are not substantial.

5. Regulations of registration and decisions on rejection shall be published in the
Official Journal of the European Union, L series.

_Article 66_

**Union register of traditional specialities guaranteed**

1. The Commission shall adopt implementing acts, without applying the procedure
referred to in Article 80(2), establishing and maintaining a publicly accessible
electronic register of traditional specialities guaranteed recognised under this
Regulation (the ‘Union register of traditional specialities guaranteed’).

2. The Commission may adopt implementing acts laying down detailed rules on the
form and content of the Union register of traditional specialities guaranteed. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 80(2).

_Article 67_

**Amendments to a product specification**

1. A producer group having a legitimate interest may apply for the approval of an
amendment to the product specification of a traditional speciality guaranteed.
Applications shall describe and give reasons for the amendments requested.

2. The procedure for the amendment of a product specification shall follow, _mutatis_
_mutandis_, the procedure laid down from Article 57 to Article 65.

# EN 65 EN

3. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing the rules regarding the procedure for the amendment of a
product specification.

4. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of an application for the amendment of a
product specification. Those implementing acts shall be adopted in accordance with
the examination procedure referred to inArticle 80(2) .

_Article 68_

**Cancellation of the registration**

1. The Commission may, on its own initiative or at the request of any natural or legal
person having a legitimate interest, adopt implementing acts to cancel the registration
of a traditional speciality guaranteed in the following cases:

(a) where compliance with the product specification is not ensured;

(b) where no product is placed on the market under the traditional speciality
guaranteed for at least 7 years.

2. The Commission may also adopt implementing acts cancelling a registration at the
request of the producers of the product marketed under the registered name.

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in
accordance with the examination procedure referred to in Article 80(2).

4. Article 57 to Article 63 and Article 65 shall apply _mutatis mutandis_ to the
cancellation procedure.

5. Before adopting the implementing acts referred to in paragraphs 1 and 2, the
Commission shall consult the authorities of the Member State concerned, the
authorities of the third country concerned or, where possible, the third country
producer which had originally applied for the registration of the traditional speciality
guaranteed, unless the cancellation is directly requested by those original applicants.

6. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 supplementing the rules regarding the cancellation procedure.

7. The Commission may adopt implementing acts laying down detailed rules on
procedures, the form and presentation of an application for the cancellation of a
registration. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 80(2).

_Article 69_

**Restriction on the use of registered traditional specialities guaranteed**

1. Registered traditional specialities guaranteed shall be protected against any misuse
or imitation, including as regards products used as ingredients, or against any other
practice liable to mislead the consumer.

2. Member States shall ensure that food names used at national level do not give rise to
confusion with registered traditional specialities guaranteed.

3. The protection referred to in paragraph 1 shall also apply with regard to products
sold through means of distance selling, such as electronic commerce.

# EN 66 EN

4. The Commission shall be empowered to adopt delegated acts in accordance
with Article 84 laying down additional rules to further detail the protection of
traditional specialities guaranteed.

5. The Commission may adopt implementing acts laying down procedural and formal
requirements for the protection of traditional specialities guaranteed. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 80(2) .

_Article 70_

**Exceptions for certain uses**

1. The provisions of this Chapter shall be without prejudice to:

(a) the use of terms that are generic in the Union, even if the generic term is part of
a name that is protected as a traditional speciality guaranteed;

(b) the placing on the market of products the labelling of which contains or
comprises the denomination of a plant variety or animal breed used in good
faith;

(c) the application of Union rules or those of Member States governing intellectual
property, and in particular those concerning geographical indications and trade
marks and rights granted under those rules.

2. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by additional rules for determining the
generic status of terms, conditions for use of plant variety and animal breed
denominations for a traditional speciality guaranteed, and their relation to intellectual
property rights referred to in this Article.

_Article 71_

**Name, Union symbol and indication of a traditional speciality guaranteed**

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

2. A Union symbol shall be established for use on the labelling of products designated
as traditional speciality guaranteed. The indication ‘traditional speciality guaranteed’,
the abbreviation ‘TSG’, and the Union symbol referring to the traditional speciality
guaranteed may only be used in connection with products produced in conformity
with the relevant product specification.

3. In the case of products originating in the Union that are marketed as traditional
speciality guaranteed registered in accordance with this Regulation, the Union
symbol referred to in paragraph 2 shall appear on the labelling and advertising
materials. The labelling requirements set out in Article 13(1) of Regulation (EU) No
1169/2011 for the presentation of mandatory particulars shall apply to the registered
traditional speciality guaranteed. The indication ‘traditional speciality guaranteed’ or
the corresponding abbreviation ‘TSG’ may appear on the labelling.

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

# EN 67 EN

5. The Commission shall adopt implementing acts establishing the Union symbol and
conditions for its obligatory use, laying down rules for the uniform protection of the
indication, abbreviation and the Union symbol referred to in paragraph (2), its use
and technical characteristics. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 80(2) .

_Article 72_

**Participation in the quality schemes**

1. Member States shall ensure that any operator complying with the rules set out in this
Chapter is covered by the verification of compliance with the product specification
established pursuant to Article 73. Member States may charge a fee to cover their
costs of the verification of compliance.

2. Operators who prepare and store a product marketed under the traditional speciality
guaranteed or who place such products on the market shall also be subject to the
controls and enforcement measures referred to in Article 73.

_Article 73_

**Controls and enforcement**

1. Controls of traditional specialities guaranteed include:

(a) verification that a product designated by a traditional speciality guaranteed has
been produced in conformity with the corresponding product specification; and

(b) monitoring of the use of traditional speciality guaranteed in the marketplace,
including on the internet.

2. In accordance with Regulation (EU) 2017/625, Member States shall designate:

(a) one or more competent authorities responsible for controls of traditional
specialities guaranteed; and

(b) one or more enforcement authorities, which may be the same as the competent
authorities referred to in point (a), responsible for the enforcement of rules on
traditional specialities guaranteed.

3. Tasks referred to in paragraph (2), point (a), may be delegated to one or more
product certification bodies in accordance with Regulation (EU) 2017/625.

4. Member States shall undertake controls, based on a risk analysis, to ensure
compliance with the requirements of this Chapter and, in the event of breach, shall
apply appropriate penalties.

5. When performing the controls and enforcement activities provided for in this Article,
the competent authorities and product certification bodies shall comply with the
respective requirements laid down in Regulation (EU) 2017/625. However, Title VI,
Chapter I of Regulation (EU) 2017/625 shall not apply to controls of traditional
specialities guaranteed.

6. In respect of traditional specialities guaranteed that designate products originating in
a third country, the verification of compliance with the product specification before
the placing on the market of the product shall be carried out by:

(a) one or more of the public authorities designated by the third country; and/or

# EN 68 EN

(b) one or more product certification bodies.

7. Member States shall make public the name and address of the competent authorities
and product certification bodies referred to in paragraphs 2, point (a) and 3
respectively, and keep that information up-to-date.

8. The Commission shall make public the name and address of the competent
authorities and product certification bodies referred to in paragraph 6 and update that
information periodically.

9. The Commission may establish a digital portal where the name and the address of the
competent authorities and product certification bodies referred to in paragraphs 2,
point (a), 3 and 6 are made public.

10. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by additional rules to provide for
appropriate certification and accreditation procedures to apply in respect of product
certification bodies referred to in paragraphs 2 and 5.

11. The Commission may adopt implementing acts, without applying the procedure
referred to in Article 80(2), defining the means by which the name and address of
competent authorities and product certification bodies referred to in this Article shall
be made public.

### **Chapter 2** **Optional quality terms**

_Article 74_

**Objective and scope**

1. A scheme for optional quality terms is established in order to facilitate the
communication within the internal market on the value-adding characteristics or
attributes of agricultural products by the producers thereof.

2. This Chapter covers agricultural products.

For the purposes of this Chapter, agricultural products means agricultural products
intended for human consumption listed in Annex I to the Treaty and other
agricultural products and foodstuffs listed in Annex II to this Regulation.

This Chapter shall not apply to spirit drinks, aromatised wines or grapevine products
as defined in Part II of Annex VII to Regulation (EU) No 1308/2013, with the
exception of wine-vinegars.

_Article 75_

**National rules**

1. Member States may maintain national rules on optional quality terms and schemes
which are not covered by this Regulation, provided that such rules comply with
Union law.

2. The Commission may establish a digital system for the inclusion of the terms and
schemes referred to in paragraph 1 with a view to fostering knowledge of the
products and schemes across the Union. The Commission may adopt implementing
acts laying down technical details, necessary for the notification of the optional

# EN 69 EN

quality terms. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 80(2).

_Article 76_

**Optional quality terms**

1. Optional quality terms shall satisfy the following criteria:

(a) they relate to a characteristic of one or more categories of products, or to a
farming or processing attribute which applies in specific areas;

(b) their use adds value to the product as compared to products of a similar type;
and

(c) they have a Union dimension.

2. Optional quality terms that describe technical product qualities with the purpose of
putting into effect compulsory marketing standards and are not intended to inform
consumers about those product qualities fall outside the scope of this Chapter.

3. Optional quality terms shall exclude optional reserved terms which support and
complement specific marketing standards determined on a sectoral or product
category basis.

4. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 supplementing this Regulation by detailed rules relating to the criteria
referred to in paragraph 1.

5. The Commission may adopt implementing acts laying down rules related to forms,
procedures or other technical details, necessary for the application of this Chapter.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 80(2).

6. When adopting delegated and implementing acts in accordance with paragraphs 4
and 5, the Commission shall take account of any relevant international standards.

_Article 77_

**Reservation of additional optional quality terms**

1. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 reserving additional optional quality terms and laying down
their conditions of use.

_Article 78_

**Mountain product**

1. The term ‘mountain product’ is established as an optional quality term. This term
shall only be used to describe products intended for human consumption listed in
Annex I to the Treaty in respect of which:

(a) both the raw materials and the feedstuffs for farm animals come essentially
from mountain areas;

(b) in the case of processed products, the processing also takes place in mountain

areas.

# EN 70 EN

2. For the purposes of this Article, mountain areas within the Union are those delimited
pursuant to Article 32(2) of Regulation (EU) No 1305/2013 of the European
Parliament and of the Council [47] . For third-country products, mountain areas include
areas officially designated as mountain areas by the third country or that meet criteria
equivalent to those set out in that paragraph.

3. In duly justified cases, the Commission shall be empowered to adopt delegated
acts in accordance with Article 84 laying down derogations from the conditions of
use referred to in paragraph 1 of this Article, in particular the conditions under which
raw materials or feedstuffs are permitted to come from outside the mountain areas,
the conditions under which the processing of products is permitted to take place
outside the mountain areas in a geographical area to be defined, and the definition of
that geographical area.

4. The Commission shall be empowered to adopt delegated acts in accordance with
Article 84 concerning the establishment of the methods of production, and other
criteria relevant for the application of the optional quality term established in
paragraph 1 of this Article.

_Article 79_

**Restrictions on use and monitoring**

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

2. The Commission may adopt implementing acts laying down rules for the use of
optional quality terms. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 80(2).

3. Member States shall undertake controls, based on a risk analysis, to ensure
compliance with the requirements of this Chapter and, in the event of breach, shall
apply appropriate administrative penalties.

### **Chapter 3** **Procedural provisions**

_Article 80_

**Committee procedure**

1. The Commission shall be assisted by a committee called the Agricultural Quality
Committee. 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.

47 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on
support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and
repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

# EN 71 EN

### **Title IV** **Amendments to Regulations (EU) No 1308/2013, (EU) 2017/1001** **and (EU) 2019/787**

_Article 81_

**Amendments to Regulation (EU) No 1308/2013**

Regulation (EU) No 1308/2013 is amended as follows:

(1) in Article 93(1), point (b) is replaced by the following

(b) “geographical indication” means a name, including a traditionally used name, which
identifies a product referred to in Article 92(1):

(i) whose specific quality, reputation or other characteristics are attributable to its
geographical origin;

(ii) as originating in a specific place, region or country;

(iii) as having at least 85 % of the grapes used for its production originating exclusively from
that geographical area;

(iv) the production of which takes place in that geographical area; and

(v) which is obtained from vine varieties belonging to _Vitis vinifera_ or a cross between the
_Vitis vinifera_ species and other species of the genus _Vitis_ .’;

(2) Article 94 is replaced by the following:

‘ _Article 94_

Product specification

1. The product specification shall enable interested parties to verify the relevant conditions of
production relating to the designation of origin or geographical indication. The product
specification shall comprise:

(a) the name to be protected;

(b) the type of geographical indication, being a protected designation of origin or a
protected geographical indication;

(c) a description of the wine or wines, including the principal analytical
organoleptic characteristics;

(d) where applicable, the specific oenological practices used to make the wine or
wines, as well as relevant restrictions on making them;

(e) the definition of the geographical area delimited with regard to the link referred
to in point (h);

(f) the maximum yields per hectare;

(g) an indication of the wine grape variety or varieties the wine or wines are
obtained from;

(h) the details on the link referred to in Article 93(1), point (a)(i), or, as the case
may be, point (b)(i):

(i) as regards a protected designation of origin, the link between the quality
or characteristics of the product and the geographical environment

# EN 72 EN

referred to in Article 93(1), point (a)(i); the details concerning the human
factors of that geographical environment may, where relevant, be limited
to a description of the soil, plant material and landscape management,
cultivation practices or any other relevant human contribution to the
maintenance of the natural factors of the geographical environment
referred to in that point;

(ii) as regards a protected geographical indication, the link between a specific
quality, the reputation or other characteristic of the product, and the
geographical origin referred to in Article 93(1), point (b)(i);

(i) other applicable requirements where provided for by Member States or by a
recognised producer group, if applicable, having regard to the fact that such
requirements must be objective, non-discriminatory and compatible with
national and Union law.

2. The product specification may contain sustainability undertakings pursuant to Article 12 of
Regulation (EU) …/… of the European Parliament and of the Council _[Regulation on GI’s]_ *.

3. Where the wine or wines may be partially de-alcoholised, the product specification shall
also contain a description of the partially de-alcoholised wine or wines in accordance
with paragraph (2), point (c), _mutatis mutandis_, and, where applicable, the specific
oenological practices used to make the partially de-alcoholised wine or wines, as well as the
relevant restrictions on making them.

    - Regulation (EU) …/… of the European Parliament and of the Council of […][…] (OJ L

[…, p….]).’;

(3) Articles 95 to 99, Articles 101 to 106 and Article 107 are deleted.

_Article 82_

**Amendments to Regulation (EU) 2017/1001**

Regulation (EU) 2017/1001 is amended as follows:

(1) in Article 151(1), the following point is inserted:

‘(f) administration of geographical indications, notably the tasks conferred on it by means of
Commission delegated acts adopted in accordance with Article […] of Regulation (EU) …/…
of the European Parliament and of the Council[Regulation on GIs]*

    - Regulation (EU) …/… of the European Parliament and of the Council of […][…] (OJ L

[…, p….]).’.

_Article 83_

**Amendments to Regulation (EU) 2019/787**

Regulation (EU) 2019/787 is amended as follows:

(1) in Article 3, points 6 and 7 are deleted;

(2) Articles 16 and 21 are deleted;

(3) Article 23 is replaced by the following:

_‘Article 23_

_Single document_

# EN 73 EN

The single document shall set out the following:

(a) the main points of the product specification, including the name to be protected, the
category to which the spirit drink belongs or the term ‘spirit drink’, the production method, a
description of the characteristics of the spirit drink, a concise definition of the geographical
area, and, where appropriate, specific rules concerning packaging and labelling;

(b) a description of the link between the spirit drink and its geographical origin as referred to
in Article 3, point (4), including, where appropriate, the specific elements of the product
description or production method justifying that link.’;

(4) Articles 24 to 33 and Articles 35 to 40 are deleted.

### **Title V** **Delegation of powers, transitional and final provisions**

_Article 84_

**Delegation of powers**

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 Article 12(4), Article 14(2), Article
15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article
26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, Article
47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article
56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10),
Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article
78(4), shall be conferred on the Commission for a period of 7 years from [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 9 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 3 months before the end of each period.

3. The delegation of power related to in the Articles referred to in paragraph 2 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 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 the Articles referred to in paragraph 2 shall enter
into force only if no objection has been expressed either by the European Parliament
or by the Council within a period of 2 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

# EN 74 EN

will not object. That period shall be extended by 2 months at the initiative of the
European Parliament or of the Council.

_Article 85_

**Transitional provision for the classification of geographical indications**

The classification, referred to in Article 6(1), of geographical indications registered or applied
for before the date of entry into force of this Regulation shall be made in accordance with the
table set out in Annex III.

_Article 86_

**Transitional provisions for pending applications**

1. Rules applicable before the entry into force of this Regulation shall continue to apply
to applications for registration, applications for approval of a Union amendment to
the product specification and requests for cancellation of geographical indications
received by the Commission before the date of entry into force of this Regulation.

2. However, Article 19 to Article 22 shall apply to those applications and requests for
which the publication for opposition of the application for registration, of the
application for approval of a Union amendment to the product specification or of the
request for cancellation of a geographical indication in the EU Official Journal
takes place after [date of the entry into force of this regulation].

3. Rules applicable before the entry into force of this Regulation shall continue to apply
to applications for registration, applications for approval of a Union amendment to
the product specification and requests for cancellation of traditional specialities
guaranteed received by the Commission before the date of entry into force of this
Regulation.

4. However, Article 62 to Article 65 shall apply to those applications and requests for
which the publication for opposition of the application for registration, of the
application for approval of a Union amendment to the product specification or of
the request of cancellation of a traditional speciality guaranteed in the EU Official
Journal takes place after [date of the entry into force of this regulation].

_Article 87_

**Continuity of the registers**

1. Each designation of origin and geographical indication of wine and of agricultural
products, and each geographical indication of spirit drinks, with all relevant data, and
data concerning pending applications for registration, amendment or cancellation,
entered in the respective geographical indications registers shall be
entered automatically into the Union register of geographical indications.

2. Each traditional speciality guaranteed entered in the traditional specialities
guaranteed register, with all relevant data, and data concerning pending applications
for registration amendment or cancellation, on the day before the entry into
application of this Regulation, shall be entered automatically into the Union register
of traditional specialities guaranteed.

# EN 75 EN

_Article 88_

**Repeal**

Regulation (EU) No 1151/2012 is repealed.

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

_Article 89_

**Entry into force**

This Regulation shall enter into force on the [...] day following that of its publication in the
_Official Journal of the European Union_ .

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

Done at Brussels,

_For the European Parliament_ _For the Council_
_The President_ _The President_

_[...]_ _[...]_

# EN 76 EN