Source: EURLEX
Language: en
Format: md

1993D0053 — EN — 14.06.1994 — 001.001 — 1

**This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents**

**►B** **COMMISSION DECISION**

**of 21 December 1992**

**setting up a scientific committee for designations of origin, geographical indications and certificates**
**of specific character**

(93/53/EEC)

(OJ L 13, 21.1.1993, p. 16)

Amended by:

Official Journal

No page date

**►M1** Commission Decision 94/437/EC of 14 June 1994 L 180 47 14.7.1994

**▼B**

1993D0053 — EN — 14.06.1994 — 001.001 — 2

**COMMISSION DECISION**

**of 21 December 1992**

**setting** **up** **a** **scientific** **committee** **for** **designations** **of** **origin,**
**geographical indications and certificates of specific character**

(93/53/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic
Community,

Whereas within the framework of Community protection of designations of origin and geographical indications, registration thereof may
involve examining problems concerning the generic nature of a name
and the factors to be taken into account when defining the designation
of origin and geographical indication for agricultural products and foodstuffs, on the one hand, and the application of criteria regarding fair
competition in commercial transactions and the danger of confusing
consumers within the meaning of Articles 13 and 14 of Council Regulation (EEC) No 2081/92 ( [1] )in cases where there is a conflict between the
designation of origin or geographical indication and the trademark,
homonyms or existing products which are legally marketed, on the other
hand;

Whereas within the framework of Community protection of certificates
of specific character, registration thereof may involve examining problems concerning assessment of the traditional nature of agricultural
products and foodstuffs;

Whereas the search for solutions to such problems requires the assistance of highly qualified experts with legal or agricultural backgrounds,
and particularly with knowledge of intellectual property rights;

Whereas it is therefore appropriate to set up a scientific committee to
assist the Commission,

HAS DECIDED AS FOLLOWS:

_Article 1_

A scientific committee, hereinafter called ‘the Committee', is hereby
established to assist the Commission.

_Article 2_

The task of the Committee shall be to examine, at the request of the
Commission, all technical problems relating to the application of Regulation (EEC) No 2081/92 and Council Regulation (EEC) No 2082/92 ( [2] )
with regard to the registration of names of agricultural products and
foodstuffs and cases of conflict between Member States, in particular:

1. the factors to be taken into account when defining geographical
indications and designations of origin and exceptions thereto, particularly exceptional reputation and renown;

2. generic nature;

3. the assessment of traditional nature;

4. the assessment of criteria regarding fair competition in commercial
transactions and the risk of confusing consumers in cases of conflict
between the designation of origin or geographical indication and the
trademark, homonyms or existing products which are legally
marketed.

( [1] ) OJ No L 208, 24. 7. 1992, p. 1.
( [2] ) OJ No L 208, 24. 7. 1992, p. 9.

1993D0053 — EN — 14.06.1994 — 001.001 — 3

**▼B**

_Article 3_

1. The members of the Committee shall be appointed by the
Commission from among highly-qualified experts with competence in
the fields referred to in Article 2.

2. The Committee shall consist of seven members and seven
alternate members authorized to participate in the meetings.

_Article 4_

1. The Committee shall elect a Chairman and a Vice-Chairman from
among its members.

They shall be elected on the basis of a simple majority.

2. The Commission shall provide the secretariat of the Committee.

_Article 5_

**►M1** The Committee’s proceedings shall be valid only when at least
five of its members are present. **◄** The Committee shall give a favourable opinion when votes in favour exceed votes against. Where votes in
favour and against are equal, abstention shall be considered as a vote in
favour.

_Article 6_

1. Members shall be appointed for a term of five years, which term
shall be renewable. However, the terms of office of the Chairman and
Vice-Chairman shall be of two years. They may not be re-elected
immediately after having performed their duties for two consecutive
two-year periods. Members shall not be remunerated for their services.

2. Upon the expiry of the period of five years or two years, as the
case may be, the members, Chairman and Vice-Chairman shall remain
in office until they are replaced or their appointments are renewed.

3. Where a member, Chairman or Vice-Chairman is unable to carry
out his duties or in the event of his resignation, he shall be replaced for
the remaining period of his term of office, in accordance with the
procedure provided for in Articles 3 and 4, as the case may be.

_Article 7_

1. The Committee shall meet at the request of a representative of the
Commission.

2. The Commission’s representative and officials and other servants
of the Commission concerned shall attend the meetings of the
Committee.

3. The Commission’s representative may invite leading figures with
special qualifications in the subjects under study to attend these meetings.

_Article 8_

1. The proceedings of the Committee shall relate to matters on which
the Commission has requested an opinion.

The Commission may specify a period within which such opinion must
be delivered.

2. Where the opinion requested is the subject of unanimous agreement by the members of the Committee, they shall establish their joint
conclusions. Failing unanimity, the various positions adopted during the
proceedings shall be entered in a report drawn up under the responsibility of the Committee’s secretariat.

1993D0053 — EN — 14.06.1994 — 001.001 — 4

**▼B**

_Article 9_

Where the Commission’s representative informs members of the
Committee that the opinion requested relates to a subject of a confidential nature, such members shall be under an obligation not to disclose
information which has come to their knowledge through the work of the
Committee.