Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2022/0115(COD)**

**Brussels, 24 November 2022**
**(OR. en)**

**14703/22**

**PI 152**
**COMPET 890**
**MI 816**
**IND 469**
**AGRI 630**
**IA 185**
**CODEC 1736**

**NOTE**

From: Permanent Representatives Committee (Part 1)

To: Council

No. prev. doc.: 14240/22

No. Cion doc.: 8205/22 + ADD1-5

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

         - General approach

**I.** **INTRODUCTION**

1. On 13 April 2022, the Commission submitted the above-mentioned proposal for a Regulation

of the European Parliament and the Council on geographical indication protection for craft

and industrial products **[1]** . The proposal is based on the first subparagraph of Article 118 and on

Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

**1** 8205/22 ADD 1-5.

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2. The aim of the proposal is to establish geographical indications protection for craft and

industrial products at Union level, thereby ensuring fair competition for producers of these

products in the internal market. The proposal will safeguard and develop cultural heritage and

ensure the availability to consumers of reliable information on such products. The proposal

aims at incentivising innovation and investment in craftmanship, by helping artisans and

producers, particularly SMEs, sometimes working in niche markets, to promote and protect

their traditional know-how at Union level. As a geographical indication raises the visibility of

the product and the region, the proposal will benefit not only producers, but also related

sectors, such as tourism, and help to promote and retain skills and jobs in Europe’s regions. At

international level, the proposal will allow the Union to comply with its obligations under the

Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical

Indications to which the Union acceded in 2019, and in doing so would therefore allow Union

producers to benefit fully from that system.

3. The European Economic and Social Committee adopted an opinion on the proposal on

21 September 2022 **[2]** . The European Committee of the Regions adopted its opinion on

11 October 2022 **[3]** . The European Data Protection Supervisor (EDPS) provided its opinion on

2 June 2022 **[4]** .

4. In the European Parliament, the Committee on Legal Affairs (JURI) has not yet voted on its

report.

**II.** **WORK CONDUCTED IN COUNCIL PREPARATORY BODIES**

5. The examination of the proposal was a priority for the French Presidency, with a first meeting

of the Working Party on Intellectual Property on 3 May 2022. The examiniation intensified

further under the Czech Presidency, with the objective of reaching a general approach at the

Council (Competitiveness) meeting on 1 December 2022.

**2** 13199/22.
**3** 13964/22.
**4** 10159/22.

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6. The impact assessment accompanying this proposal was examined at two Working Party

meetings. That examination showed that most delegations generally supported the aim of the

proposal, as well as the methods, criteria and policy options identified by the Commission.

7. The compromise text set out in the Annex reflects the continuous efforts of the Presidency

and the Member States to strike a balance between the different positions of delegations,

while maintaining the objectives of the Commission proposal. Changes compared to the

Commission proposal are marked in **bold underlined** or ~~strikethrough.~~

8. At its meeting on 16 November 2022, the Permanent Representatives Committee (Coreper)

endorsed the compromise text **[5]** and agreed to forward it to the Council (Competitiveness) of

1 December 2022, with a view to agreeing a general approach.

**III.** **MAIN ELEMENTS OF THE COMPROMISE**

_**(a)**_ _**Scope**_

9. The EU has long-standing _sui generis_ protection of geographical indications (GI) for wines,

spirit drinks, aromatised wines, agricultural products and foodstuffs, but so far there has been

no GI protection for craft and industrial products at EU level. The proposed Regulation aims

at filling this gap and is therefore closely linked to the ongoing reform of the GI system for

agricultural products. The respective scope of the two sets of legislation needs to be carefully

aligned as regards the products covered. To that end, the compromise text of the draft

Regulation defines craft and industrial products, covering products that fall outside the scope

of the existing regulations in the agricultural sector.

10. As regards the territorial link required for a product to be eligible for protection under the

draft Regulation, the compromise maintains the concept of the Commission proposal to apply

the concept of ‘protected geographical indications’ (PGI), requiring that at least one of the

stages of the production, processing or preparation of the product takes place in the defined

geographical area of origin.

**5** 14240/22.

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_**(b)**_ _**Applicant**_

11. A geographical indication for craft and industrial products is a collective right accessible to be

used by all eligible producers in a designated geographical area who comply with the product

specification.

12. Producers acting collectively can make use of synergies when managing their geographical

indications. Therefore, producer groups traditionally play a crucial role in the management of

GIs and in the establishment of product specifications. To reflect this important role of

producer groups, under the compromise text, applications for registration of geographical

indications should therefore, as a general rule, be submitted by a producer group.

13. However, by way of exception, a single producer, a local or regional authority or a private

entity designated by a Member State, may be an applicant if, for instance, it is not feasible for

the producers to form a group due to their number, geographical location or for organisational

reasons.

_**(c)**_ _**Registration procedures**_

14. To obtain protection, geographical indications for craft and industrial products are to be

registered at Union level.

_i._ _Standard procedure_

15. As the standard procedure for obtaining such registration, the draft Regulation provides for a

two-phase system, where a first examination of the GI application and the product

specification is undertaken by national authorities, and the European Union Intellectual

Property Office (EUIPO), in a second phase, is in charge of the Union level examination of

the application and the registration of the title.

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16. The involvement of national authorities in the first phase enables optimal use to be made of

local and regional expertise necessary to assess the product specification. It also makes it

easier for local artisanal producers, which are often small or micro businesses, to

communicate and interact with an administration they are familiar with and to receive any

necessary guidance and support in their own language.

17. Tasking the EUIPO with the second phase of the procedure and with the actual registration of

the GI builds on the recognised experience of the EUIPO as the EU’s specialised agency in

handling the registration of other intellectual property rights at EU level.

_ii._ _Derogation from the standard procedure: direct registration_

18. Some Member States do not have an established tradition and there is a low level of local

interest in these countries in protecting craft and industrial products by geographical

indications. Those Member States therefore do not have administrative structures in place for

managing the national phase of the registration procedures. For these reasons, the draft

Regulation provides for the possibility that Member States who fulfil certain conditions can

be granted a derogation from the obligation to run the national phase of the procedures. Any

application for the registration of a GI from a Member State that has been granted with such a

derogation is then submitted directly to the EUIPO.

19. Given that direct registration with the EUIPO is meant to be an exception to the standard

procedure, the compromise text maintains the concept of the Commission proposal to allow

for this derogation only under specific conditions and, for legal certainty, on the basis of a

Commission decision.

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_**(d)**_ _**Relationship with other rights**_

20. The relationship between geographical indications and trade marks is an important element of

the draft Regulation. In this context, delegations considered it important that the protection of

geographical indications needs to be balanced against the protection of trademarks with a

reputation and of well-known marks, in particular in light of the fundamental right to property

set out in the Charter of Fundamental Rights. The compromise text clarifies that any

application for a registration of a GI or of a trademark that would be in breach of this balance

constitutes a ground for opposition or, in case a GI or a trade mark was erroneously registered

in breach of that balance, a ground for cancellation.

21. The detailed provisions on domain names in the Commission proposal were a matter of

significant concern for many delegations, who took the view that the administrative burden

arising from the proposed domain name information and alert system and the obligations put

on domain name registries would be disproportionate. To accommodate these concerns, in the

compromise text Articles 31 and 41 have been deleted, while clarifying as a general

obligation in Article 35 that the protection of GIs provided by this Regulation shall also apply

to any use of a domain name.

_**(e)**_ _**Controls**_

22. Based on extensive discussions, the compromise text provides for a lighter control system

than suggested in the Commission proposal, with significant simplification and streamlining,

with a reduced involvement of public authorities and a stronger role for producers.

23. A lighter verification system, based on self-declaration, has been introduced as the default

procedure in order to limit additional administrative burden on national authorities. As an

alternative system for the verification of compliance, Member States may provide for controls

by a competent authority or a designated third party before and after a product is put on the

market.

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24. The obligation of monitoring by Member State authorities of the use of geographical

indications in the market was an issue of intense discussion. Under the compromise text, such

monitoring is based on risk analysis, and, if available, notifications by interested producers of

GI products.

_**(f)**_ _**Fees**_

25. The compromise text sets out a balanced regime of fees taking into account the need to foster

the competitiveness of producers of geographical indications and the situation of micro, small

or medium-sized enterprises. Member States will have the possibility to charge fees for the

national phase of the standard procedure, thereby covering their costs in the management of

the system, and to collect fees or charges to cover the costs of controls. The EUIPO will not

charge any fee for the Union phase of the standard procedure, though it will do so in relation

to direct registrations, third-country applications and appeals.

_**(g)**_ _**Geneva Act**_

26. The proposed Regulation aims at establishing a connection between the GI protection system

for craft and industrial products at EU level and protection under the WIPO Lisbon system, in

accordance with the Geneva Act of the Lisbon Agreement on Appellations of Origins and

Geographical Indications. To that end, the Commission text proposed amendments to Council

Decision (EU) 2019/1754 on the accession of the Union to the Geneva Act and to Regulation

(EU) 2019/1753 on the action of the Union following its accession to the Geneva Act.

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27. While the proposed amendments to Regulation (EU) 2019/1753 have to be adopted according

to the Ordinary Legislative Procedure, the proposed amendment to Decision (EU) 2019/1754

requires for its adoption the consent of the European Parliament. The amendment to the

Council Decision has therefore been deleted from the text of this draft Regulation, and the

Commission has submitted, on 17 November 2022, a separate proposal for amending the

Council Decision **[6]** . In terms of substance, both acts form part of an interlinked package, and it

is therefore suggested that the timing of the final adoption and the entry into application of

both acts be aligned.

**IV.** **CONCLUSION**

28. In the light of the above, the Council (Competitiveness) is invited to agree a general approach

on the basis of the text set out in the Annex, and to mandate the Presidency to enter into

negotiations with the European Parliament.

**6** 14918/22.

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**ANNEX**

2022/0115 (COD)

Proposal for a

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

**on geographical indication protection for craft and industrial products and amending**
**Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the**

**Council** ~~**and Council Decision (EU) 2019/1754**~~

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular **the first**

**subparagraph of** Article 118 ~~(1),~~ as well as Article 207(2), thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee **[1]**,

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

Acting in accordance with the ordinary legislative procedure,

Whereas:

**1** OJ C […], […], p. […].
**2** OJ C […], […], p. […].

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(1) On 10 November 2020, the Council adopted conclusions **[3]** on intellectual property policy

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

**geographical indication** protection of non-agricultural products, based on a thorough

impact assessment of its potential costs and benefits.

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

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

resilience’, the Commission committed itself to considering, based on an impact assessment,

whether to propose a Union system of geographical indication ~~s (GIs)~~ protection for non

agricultural products.

**(2a)** _(moved from recital (6))_ **In order for the Union to be able to exercise fully its exclusive**

**competence in relation to the common commercial policy of the Union, and in full**

**-**
**compliance with its commitments under the Agreement on the Trade** **Related Aspects**

**of Intellectual Property Rights (TRIPS) of the World Trade Organization,** ~~**O**~~ **on** 26

November 2019, the Union acceded to the 2015 Geneva Act of the Lisbon Agreement on

Appellations of Origin and Geographical Indications **[4]** (‘ **the** Geneva Act’) **,** which is

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

offers a means to obtain protection of geographical indications **,** regardless of the nature of

the goods to which they apply, **and therefore** includ **es** ~~ing handi~~ craft ~~s~~ and industrial

products. **In order to comply fully with these international obligations, ensuring**

**uniform recognition and protection throughout the Union for geographical indications**

**for craft and industrial products is therefore a priority for the Union.**

**3** Council conclusions on intellectual property policy and the revision of the industrial designs
system in the Union, 10 November 2020 **(OJ C 379 I, 10.11.2020, p. 1)** .
**4** OJ L 271, 24.10.2019, p. 15.

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(3) For many years, geographical indication protection has been established at Union level for

wines **[5]**, spirit drinks **[6]**, aromatised wines **[7]** ~~, as defined at Union level,~~ as well as agricultural

products and foodstuffs **[8]** ~~, as protected at Union level.~~ It is appropriate to provide Union-wide

geographical indication protection in respect of products falling outside the scope of existing

regulations, while ensuring convergence, and aiming at encompassing a large variety of craft

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

glass **,** ~~and~~ porcelain **, hides and skins and raw cotton** .

**5** **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).**
**6** 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).
**7** ~~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).~~ ~~**R**~~ **egulation (EU) No 251/2014 of**
**the European Parliament and of the Council of 26 February 2014 on the definition,**
**description, presentation, labelling and the protection of geographical indications of**
**aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ**
**L 84, 20.3.2014, p. 14). Geographical indication protection in relation to aromatised**
**wines was repealed by Regulation (EU) 2021/2117 of the European Parliament and of**
**the Council of 2 December 2021, amending Regulations (EU) No 1308/2013**
**establishing a common organisation of the markets in agricultural products, (EU)**
**No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU)**
**No 251/2014 on the definition, description, presentation, labelling and the protection of**
**geographical indications of aromatised wine products and (EU) No 228/2013 laying**
**down specific measures for agriculture in the outermost regions of the Union (OJ**
**L 435, 6.12.2021, p. 262).**
**8** Regulation (EU) No 1151/2012 of the European Parliament and of the Council of
21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343,
14.12.2012, p. 1).

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(4) Several Member States have national regimes for the protection of national geographical

indications for craft and industrial products. These regimes differ in terms of protection,

administration and fees, and do not offer protection beyond the national territory. Other

Member States do not provide for geographical indication protection at national level for

such products. That complex landscape of various protection regimes at Member Stat ~~es~~ level

may result in increased costs and legal uncertainty for producers and be a disincentive to

investment in ~~the~~ traditional crafts in the Union.

**(4a)** _(moved from recital (7))_ Making geographically linked products is often based on local

know-how and follows local production methods that are rooted in the cultural and social

heritage of the home region of such products. Efficient intellectual property protection has

the potential to contribute to increased profitability and attractiveness of the traditional craft

professions. Specific geographical indication protection is ~~acknowledged~~ **recognised,** so as

to safeguard and develop cultural heritage both in the agricultural and the craft and industrial

areas. Efficient procedures should **thus** be established for the registration of Union

geographical indications protecting the names of craft and industrial products, which take

into account regional and local specificities. The geographical indication system for craft

and industrial products should ensure that ~~the~~ production and marketing traditions are

maintained and enhanced.

(5) ~~Unitary~~ ~~**U**~~ **niform** protection throughout the Union for th **is** ~~e~~ intellectual property right ~~s~~

~~related to geographical indications can~~ **could** ~~contribute to incentives for~~ **incentivise** the

production of quality products, the wide availability of such products for consumers and the

creation of valuable and sustainable jobs **,** ~~including~~ **notably** in rural and less-developed

regions. In ~~particular~~ ~~**,**~~ ~~in~~ view of the potential of geographical indications to contribute to

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

~~at~~ **to** creat ~~**e**~~ ~~ing~~ a substantial proportion of the value of the product designated by a

geographical indication within the defined geographical area.

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(6) _(moved to recital (2a))_

(7) _(moved to recital (4a))_

(8) It is therefore necessary **,** ~~to f~~ irstly, **to** ensure fair competition for producers of craft and

industrial products in the internal market; secondly, **to** ~~guarantee~~ **ensure** the availability to

consumers of reliable information pertaining to such products; thirdly, **to** safeguard and

develop cultural heritage and traditional know-how; fourthly **,** **to** ensur ~~e an~~ efficient

registration of geographical indications for craft and industrial products **,** **at** both ~~for the~~

Union an ~~d at~~ international level; fifthly **,** **to** provide fo ~~r an~~ effectiv ~~e enforcement~~ **controls** of

~~intellectual property rights~~ **geographical indications for craft and industrial products**

throughout the **internal market** ~~Union and~~ ~~**,**~~ **including** in electronic commerc ~~e within the~~

~~internal market~~ ~~**;**~~ ~~,~~ and lastly, ~~ensure the~~ **to establish a** link with the international registration

and protection system based on the Geneva Act.

(9) ( _deleted_ )

(10) _(moved to recital (62a))_

(11) _(moved to recital (62b))_

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**(11a)** **Geographical indications for craft and industrial products, which have characteristics,**

**attributes or a reputation linked to their place of production or manufacturing, are a**

**collective right accessible to be used by all eligible producers in a designated area**

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

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

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

**Geographical indications reward producers for their efforts to produce a diverse range**

**of quality products.**

**(11b)** **Applications for registration of geographical indications should therefore be submitted**

**by producer groups. By way of exception, a local or regional authority or a private**

**entity designated by a Member State may be an applicant if it is not feasible for the**

**producers to form a group, for example, due to their number, geographical location or**

**organisational characteristics. In such cases, the application for registration of a**

**geographical indication should state these reasons for such designation.**

**(11c)** **The system of geographical indications aims at enabling consumers to make more**

**informed purchasing choices and, in this context, labelling and advertising helps them**

**to identify correctly quality products on the market. Geographical indications, as an**

**intellectual property right, help operators and companies to 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 to 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 subject to a system of controls.**

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**(11d)** **A product is eligible for protection as a geographical indication if it complies with**

**three cumulative criteria: the product should be rooted in or have its origin in a**

**specific place, region, locality or country; at least one of the production steps should**

**take place in this geographical area; and the given quality, reputation or other**

**characteristic of the product is essentially attributable to this geographical origin. To**

**fulfil these criteria, it needs to be demonstrated that the geographical origin is an**

**essential factor in the quality, reputation or other characteristic of the product. These**

**criteria are in line with the requirements for geographical indications as set out in the**

**Geneva Act and in Union legislation on the protection of geographical indications for**

**agricultural products, foodstuff, wine and spirits. However, products that are contrary**

**to public policy should be excluded from being the subject of a ‘protected geographical**

**indication’. The necessity to apply the public policy exception should be assessed on a**

**case-by-case basis, and the exception should be applied in accordance with the Treaty**

**on the Functioning of the European Union and the relevant case law of the Court of**

**Justice of the European Union.**

(12) **[** Where applicable, the information included in the single document ~~shall~~ **should** be made

available through the Digital Product Passport as set out b ~~y the~~ Regulation **…/…**

establishing a framework for ecodesign requirements for sustainable products and repealing

Directive 2009/125/EC **[9]** . **]**

(13) _(moved to recital (54a))_

**9** **[** _**Final wording of this recital subject to outcome of negotiations on COM(2022)142 final**_
_**of 30.3.2022.**_ **]**

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(14) T ~~o qualify for~~ **obtain** protection ~~in the Member States,~~ geographical indications should be

registered ~~only~~ at Union level **only** . ~~However, with effect from the date of application for~~

~~such registration at Union level, Member States should be able to grant temporary protection~~

~~at national level without affecting the internal market of the Union or international trade~~ .

_(deleted sentence integrated into recital 19a)_ **The standard procedure for an application**

**for registration of a geographical indication under this Regulation should comprise two**

**phases: Member States should be responsible for the first phase and the European**

**Union Intellectual Property Office (‘the Office’) should be responsible for the second**

**phase. Where a Member State has been granted a derogation from the standard**

**procedure, it should be possible for an applicant from that Member State to submit an**

**application for registration directly to the Office.** 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 Office should carry out the corresponding procedures for geographical

indications originating in third countries.

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(15) The procedures for registration, amendments to the product specification and cancellation of

the registration in respect of geographical indications originating in the Union ~~under this~~

~~Regulation~~ should be carried out by the Member States and the Office. The Member States

and the Office should **respectively** be responsible for **the** distinct stages of ~~the~~ **those**

procedures. Member States should be responsible for the first ~~stage~~ **phase (i.e. the national**

**phase)**, which consists of receiving the application from the applicants, assessing it, running

the national opposition procedure ~~,~~ and, following the positive ~~results of the assessment~~

**completion of the first phase**, submitting the ~~Union~~ application to the Office **to launch the**

**second phase** . **Member States should establish the detailed procedural arrangements**

**for the national phase, which may include consultations between the applicant and**

**national opponents, as well as the submission by the applicant of a report on the**

**outcome of these consultations, and of any changes made to the application.** The Office

should be responsible for examining the applications in the second ~~stage~~ **phase** of the

procedure **(i.e. the Union phase)**, running the ~~worldwide~~ opposition procedure and ~~taking a~~

~~decision on~~ granting or refusing the protection to the geographical indication. The Office

should also carry out the corresponding procedures for geographical indications originating

in third countries ~~, without prejudice to the direct registration procedure.~~

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(16) In order to facilitate the management of ~~GI~~ **geographical indication** applications by

national authorities, it should be possible for two or more Member States to: (i) cooperate in

~~the management of~~ the national phase of the procedures, including those procedures for

~~registration,~~ examination, national opposition, submission of the ~~Union~~ application to the

Office, amendments to the product specification and cancellation of the registration ~~,~~ ~~**;**~~ and (ii)

decide that one of them manages these procedures also on behalf of the other Member State

or Member States concerned. In those cases, ~~all the~~ **these** Member States ~~concerned~~ should **,**

**without delay,** inform the Commission **accordingly** ~~without delay, providing the necessary~~

~~information.~~

(17) **Under certain circumstances, i** ~~It is~~ **should be** possible fo ~~r certain~~ Member States to obtain

a derogation from the ~~Member States’~~ obligation to designate a national authority in respect

of geographical indications for craft and industrial products to ~~take charge of~~ **run the**

**national phase of** the procedures for registration, **including** national opposition,

amendments to the product specification and cancellation of the registration ~~under certain~~

~~circumstances specified in this Regulation~~ . That derogation ~~, that should take the form of a~~

~~Commission Decision,~~ **should** tak ~~es~~ into account the fact that certain Member States do not

have a specific national system for the ~~management~~ **protection** of geographical indications

for craft and industrial products **,** ~~and~~ that the local interest in these countries to protect ~~these~~

geographical indications is minimal ~~.~~ ~~**,**~~ **and that,** ~~U~~ ~~**u**~~ nder these circumstances, it would not be

justified to oblige the ~~respective~~ Member State **in question** to set up ~~an~~ **all the** infrastructure

**needed** ~~, employ the necessary personnel and purchase facilities for the management of these~~

~~geographical indications~~ . It ~~is~~ **would be** mor ~~e effective~~ **efficient** and ~~economical~~ **cost-**

**effective** to provide an alternative ~~procedure~~ **path** fo ~~r the~~ producer groups from these

Member States to protect their products **,** ~~by a geographical indication. The~~ **namely a** ‘direct

registration procedure’ **with the Office. This alternative** ~~has~~ **would also yield** cost

advantages ~~reaped by~~ **for** Member States _. (remaining sentences of recital 17 moved to_

_recitals 18a and 18b)_

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(18) The Commission, after reviewing the information provided by the Member State, should

adopt ~~a Commission~~ ~~D~~ ~~**d**~~ ecision establishing the right of the Member State to opt for the

exceptional direct registration procedure. **The Commission, when examining a request for**

**a derogation, should assess all relevant circumstances, including for instance the**

**number of existing protected products, the number of potentially interested producers**

**and producer groups in the respective Member State, the size of the population of the**

**respective Member State, information on sales, manufacturing capacities, markets for**

**the products in question, and other data that the Member State considers as relevant**

**information to demonstrate low interest at national level. Information gathered via a**

**public consultation, a market survey, market analysis, or letters from relevant**

**professional chambers or from any other relevant official instances** **may for instance be**

**used by the Commission to take a decision.** ~~Accordingly, the~~ ~~**T**~~ **he** Commission should

retain the right to modif ~~y and~~ **or to** withdraw a ~~D~~ ~~**d**~~ ecision allowing a Member State to opt

for the ~~‘d~~ irect registration procedure ~~’,~~ should the conditions ~~not~~ **cease to** be met by the

Member State concerned. This ~~is~~, for example, **would be** the case should the number of

direct applications submitted by applicants from that Member State exceed **, in a recurrent**

**manner over time,** the original number estimated by that Member Stat ~~e in a recurrent~~

~~manner over time.~~

**(18a)** _(moved from recital (17))_ Pursuant to this derogation, procedures for registration,

amendments to the product specification and cancellation should be managed directly by the

Office. In this regard **,** the Office should receive the ~~effective~~ assistance of the administrative

authorities o ~~f that~~ **the** Member State **concerned** when ~~required~~ **neeeded** by the Office,

through designation of a **national single point of** contact ~~point,~~ as regards **,** in particular **,**

aspects related to the examination of the application. **The single point of contact should**

**have the necessary expertise and local knowledge on geographical indications. The**

**single point of contact, when assisting the Office, may consult other experts with**

**product- and/or sector-specific knowledge.** ~~In those cases, the Office should be entitled to~~

~~charge a registration fee, considering that this procedure generates more work for the Office~~

~~than the management of Union applications.~~ _(deleted final sentence moved to recital 57a)_

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# ANNEX COMPET.1 EN

**(18b)** _(moved from recital (17))_ However, the application of the ~~‘d~~ irect registration procedure ~~’~~

should not exempt Member States from the obligation to designate a competent authority for

~~the~~ controls ~~and enforcement~~ and to take the necessary action ~~s~~ to enforce the rights set out in

this Regulation.

(19) To ensur ~~e coherent~~ **consistent** decision-making as regards applications for protection ~~and~~

~~judicial challenges against them, submitted in the national procedure,~~ the Office should be

informed in a timely and regular manner ~~when~~ **of** procedures ~~are~~ launched before national

courts or other bodies concerning an application for registration ~~forwarded~~ **submitted** by the

**competent authority of a** Member State to the Office **,** 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 Office of that assessment~~ **the competent authority should**

**keep the Office informed of any national administrative and judicial proceedings**

**against the said competent authority’s decision that may affect the registration of a**

**geographical indication** . ~~If the Member State requests the suspension of the examination of~~

~~an application at Union level, the Office should be exempted from the obligation to meet the~~

~~deadline for examination 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.~~

**(19a)** **With effect from the date of the submission of an application by a Member State for**

**registration at Union level, Member States should be able to grant temporary**

**protection to a geographical indication at national level prior to the completion of the**

**’**
**Union phase, without affecting the internal market or the Union** **s trade policy.**

**Temporary national protection is not possible in the event of direct registration.**

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# ANNEX COMPET.1 EN

(20) To allow operators, whose interests are affected by the registration of a ~~name~~ **geographical**

**indication**, to continue to us ~~e that~~ **the** name **of the geographical indication** for a limited

period of time ~~, while contravening the protection regime,~~ specific derogations for the use of

~~the~~ **such** name ~~s in the form of~~ **for** transitional periods should be granted **by the Office** . Such

**transitional** periods can also be allowed **in order** to overcome temporary difficulties **,** ~~and~~

with the long-term objective of ensuring that all producers comply with the product

specification. Without prejudice to the rules governing conflicts between geographical

indications and trademarks, names ~~, which~~ **that** would otherwise contravene the protection of

**a** geographical indication ~~,~~ may continue to be used under certain conditions and for a

transitional period.

(21) The Commission should **, in duly justified cases,** have the right to take over from the Office

the power to decid ~~e concerning~~ **on** individual applications for registration, **on** amendments

to the product specification or **on** cancellation. **Any Member State or the Office may**

**request the Commission to exercise this prerogative. The Commission may also act on**

**its own initiative.** The Office should **in any event** remain responsible for the examination

of the file, the opposition procedure, ~~when needed,~~ and **,** based on technical considerations, it

~~shall~~ **should** ~~submit a proposal~~ **provide a draft** for an implementing act to the Commission.

~~Any Member State or the Office may request the Commission to exercise this prerogative.~~

~~The Commission may also act on its own initiative.~~

**(21a)** _(moved from recital (24))_ For the optimal functioning of the internal market, it is important

that producers and other operators concerned, authorities and consumers ~~may~~ **have** quic ~~kly~~

and eas **y** ~~ily have~~ access to ~~the~~ relevant information concernin ~~g a registered protected~~

geographical indication **s** .

14703/22 BM/AF/od 21

# ANNEX COMPET.1 EN

(22) To ensure transparency and uniformity across Member States, it is necessary to establish ~~and~~

~~maintain~~ an electronic Union register of geographical indications for craft and industrial

products **(‘the Union register’** ~~**)**~~ ~~. The register should be an electronic database stored within~~

~~an information system, and should be~~ **that is** accessible to the public. The Union register ~~of~~

~~geographical indications for craft and industrial products~~ should be developed, kept and

maintained by the Office **,** and ~~also~~ the personnel for its operation should be provided by the

Office.

(23) The Union negotiates international agreements, including those concerning the protection **of**

geographical indications, with its trade partners. Protection of geographical indications for

craft and industrial products throughout the Union can also stem from ~~those~~ **such**

agreements, irrespective of the international registrations provided **for** under the Geneva Act

~~of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the~~

~~application~~ and **of the** registration system set out in this Regulation. ~~In order to facilitate the~~

~~provision to the public of information about the g~~ ~~**G**~~ eographical indications protected in the

Union ~~either b~~ y virtue of the international registrations ~~provided~~ under the Geneva Act or ~~by~~

~~virtue of the~~ **under** international agreements with the Union **ʼs** trade partners ~~,~~ **should be**

**entered in the Union register in order to facilitate the provision of information to the**

**public** and **,** in particular **,** to ensure protection and control of the use to which those

geographical indications are put ~~, those geographical indications should be entered in the~~

~~Union register of geographical indications for craft and industrial products~~ .

(24) ( _moved to recital (21a)_ )

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# ANNEX COMPET.1 EN

(25) ~~It is necessary to ensure that parties that are~~ **Any party adversely** affected by **a** decision ~~s~~

~~made by~~ **of** the Offic ~~e are protected by the law~~ **should have the right of appeal** ~~. To that~~

~~end, provision should be made to allow for an appeal of decisions of the Office, taken in~~

~~proceedings under this Regulation, before an appeal body~~ **before the Boards of Appeal** of

the Office. ~~A Boards of Appeal of the Office should decide on the appeal.~~ Decisions of the

Boards of Appeal ~~should, in turn, be amenable to actions~~ **are, in turn, subject to judicial**

**remedy** before the General Court **of the European Union**, which has jurisdiction to annul

or to alter the contested decision.

(26) ( _deleted_ )

(27) ~~It is necessary to establish an~~ **An** Advisory Board, ~~which is a pool of experts,~~ composed of

~~representatives~~ **experts** from Member States and the Commission ~~.~~ ~~**,**~~ **should be established**

~~The purpose of the Advisory Board is~~ to provide the necessar ~~y local~~ knowledge and

expertise concerning certain products and ~~knowledge about the~~ local circumstances that may

influence the outcome of the procedures laid down in this Regulation. In order to support the

Offic ~~e on~~ **in** its assessment of individual applications at any stage of the examination,

opposition, appeal or other procedures with specific technical knowledge, the Geographical

Indications Division or the Boards of Appeal, at its own initiative or at the request of the

Commission, should have the possibility to consult the Advisory Board. The consultation,

when necessary, should also include a general opinion on assessing quality criteria,

establishing **the** reputation ~~and renown~~ **of the geographical indication**, determining **the**

generic nature of a name **of the geographical indication**, and assessin ~~g fair competition in~~

~~commercial transactions and~~ the risk of confusing consumers. The opinion of the Advisory

Board should not be binding. The appointment procedure of the experts and the operation of

the Advisory Board should be specified in the rules of procedure of the Advisory Board **,**

~~approved~~ **adopted** by the Management Board.

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# ANNEX COMPET.1 EN

(28) Protection should be granted to ~~names~~ **geographical indications** ~~included~~ **entered** in the

Union registe ~~r of geographical indications for craft and industrial products~~ **,** to ensure that

they are used fairly and in order to prevent practices liable to mislead consumers **, in**

**particular as regards comparable products** . **To establish whether products are**

**comparable to products protected by geographical indications, account should be**

**taken of all relevant factors. Those factors 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.**

_(remaining parts of recital (28) moved to recital (28a))_

**(28a)** _(moved from recital (28))_ In order to strengthen geographical indication protection and to

combat **counterfeiting** ~~more~~ effectivel ~~y counterfeiting,~~ the protection of geographical

indications should also apply to domain names on the internet. ~~Concerning the protection of~~

~~geographical indications, it~~ **It** is also important to have due regard to the Agreement on

Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23

thereof, and to the General Agreement on Tariffs and Trade **,** including Article V thereof **,** on

freedom of transit, which ~~were~~ **was** approved by Council Decision 94/800/EC **[10]** . Within

~~such~~ **that** legal framework, ~~in order to strengthen geographical indication protection and~~ to

combat counterfeiting more effectively, such protection should also apply with regard to

goods entering the customs territory of the Union without being released for free circulation,

and placed under special customs procedures such as those relating to transit, storage,

specific use or processing.

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

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# ANNEX COMPET.1 EN

(29) ~~Clarity is required on~~ **It should be ensured that** the use of a geographical indication in the

~~sale~~ name of a manufactured product **– that contains, as a part or a component,** ~~of which~~

the product designated by the geographical indication ~~is a part or component~~ . ~~It should be~~

~~ensured that such use~~ **–** is made in accordance with fair commercial practices and does not

weake ~~n, does not~~ **or** dilute, **n** or is ~~not~~ detrimental to the reputation of **,** the product

designated by the geographical indication. The consent of the producer ~~s~~ group or the

individual producer of the geographical indication concerned should be required to allow

such use.

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

geographical indication should retain their generic status. **Homonymous names**

**(‘homonyms’) that are liable to mislead the consumer as to the true identity or**

**geographical origin of the product should not be registered as a geographical**

**indication.**

(31) _(first sentence moved from recital (34))_ The relationship between trade marks and

geographical indications should ~~also~~ be clarified in relation to criteria for the rejection of

trade mark applications, the invalidation of trade marks and ~~the~~ coexistence between trade

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

balance **d** ~~with~~ **against** the protection o ~~f homonymous names registered as geographical~~

~~indications as well as renowned~~ trademarks **with a reputation and of well-known marks** ~~,~~

~~registered or unregistered~~, in particular in light of the fundamental right to property as set

out in Article 17 of the Charter of Fundamental Rights of the European Union **,** as well as

obligations resulting from international law. **When assessing the relationship between a**

**geographical indication and a trade mark, any continuity of the protection of a**

**geographical indication established by registration or usage in a Member State, where**

**the geographical indication has been transferred to Union protection in accordance**

**with this Regulation, and any priority claimed in a trade mark application, shall be**

**taken into account.**

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# ANNEX COMPET.1 EN

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

geographical indications, as well as in ~~the~~ amendment **s** ~~of~~ **to product** specifications and **in**

cancellation requests. They should be equipped with the necessary means to ~~better~~ identify

and market **better** the specific characteristics of their products. The role of ~~the~~ producer

group **s** should therefore be ~~clarified~~ **specified** .

(33) ~~The relationship between internet domain names and 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 in a registered geographical indication should be empowered to~~

~~request for the revocation or the transfer of the domain name in case the conflicting 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 the protection of a geographical indication. Alternative dispute resolution~~

~~procedures should not prejudice the possibility of bringing domain name disputes before a~~

~~national court.~~ ~~**C**~~ **ountry-code top-level domain name registries established in the Union**

**and offering alternative dispute resolution procedures to solve disputes relating to the**

**registration of domain names should be encouraged to ensure that such procedures**

**also cover geographical indications. Following an appropriate alternative dispute**

**resolution procedure or judicial procedure, country-code top-level domain name**

**registries established in the Union may revoke or transfer a domain name registered**

**-** **-**
**under a country** **code top** **level domain, where a domain name registration contravenes**

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

**faith, or it has been registered by its holder without having a right or a legitimate**

**interest in the geographical indication.** _(partly moved from Article 41)_

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# ANNEX COMPET.1 EN

(34) _(moved to recital (31))_

(35) In order to avoid creating unfair conditions for 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 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 covered by the verification of compliance of the product~~

~~specification.~~

(36) As ~~it is the first time that an~~ **the** Union-wide geographical indication protection system for

craft and industrial product **as provided for in this Regulation is new** ~~is implemented~~, it is

important to raise awareness **about this initiative** among consumers, producers ~~,~~ **–** especially

~~MSMEs~~ **micro, small and medium-sized enterprises –** and public authorities at ~~national,~~

~~regional and~~ local, **regional, national and international** level ~~about the initiative~~ . **To this**

**end, promotional activities should be carried out on a regular basis by the Office to**

**raise awareness.**

(37) The **Union** symbols, indications and abbreviations identifying ~~a~~ registered geographical

indication **s**, 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.

(38) The use of Union symbols and indications on the packaging of craft and industrial products

designated by a geographical indication should be recommended 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. The

use of such symbols or indications should remain voluntary for third-country geographical

indications.

14703/22 BM/AF/od 27

# ANNEX COMPET.1 EN

(39) For the sake of clarity for consumers and to maximise coherence with th ~~e revised Regulation~~

**Union’s rules** for protection of geographical indications for agricultural products, foodstuff,

wine and spirits, the Union symbol used on the packaging of craft and industrial products

designated by a geographical indication should be identical to the one used on the packaging

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

indication established under Commission Delegated Regulation (EU) 664/2014 **[11]** .

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

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

verification and control ~~s~~ **mechanisms**, includin ~~g the producer’s~~ due diligence

**responsibilities for producers** .

(41) In order t ~~o guarantee~~ **ensure** consume ~~rs of~~ **trust in** the specific characteristics of craft and

industrial products protected by geographical indications, producers should be subject to a

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

specification before **and after** the product is put on the market. ~~Member States should be~~

~~free to establish a third-party verification system operated by the competent authorities, and~~

~~the product certification bodies, to which those authorities delegate certain official control~~

~~tasks or a verification system based on a producer’s self-declaration.~~ **For the purposes of**

**control, Member States should designate competent authorities for verification of**

**compliance and monitoring.** _(following sentence_ _moved from recital (17))_ The competent

authorit ~~y maintained or~~ designated for the ~~management of the geographical indications~~

**national phase** and the competent authority designated for the controls ~~and enforcement~~

may differ, when a Member State so decides. **Member States should be free to delegate**

**certain control tasks to product certification bodies or natural persons.** _(final sentence_

_moved to beginning of recital (44))_

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

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# ANNEX COMPET.1 EN

(42) _(moved to recital (46a))_

(43) _(moved to recital (47a))_

(44) _(first sentence is moved from end of recital (41))_ The self-declaration should be submitted

**by the producer** to the competent authorit **y** ~~ies~~ **responsible for verifying** ~~assuring~~

conformity with the product specification. ~~Member States should have the possibility to~~

~~allow producers to fulfil their obligation to perform due diligence by submitting a self-~~

~~declaration to the competent authorities every three years, demonstrating~~ **To demonstrate**

~~their~~ continued compliance **, such self-declaration should be submitted every three years** .

Producers should be required to ~~renew their~~ **submit an updated** self-declaration

immediatel ~~y where~~ **when** there is an amendment to the product specification ~~or a change~~ **in**

**a way that** affect **s** ~~ing~~ the ~~concerned~~ product **concerned** . ~~The use of self-declaration should~~

~~not prevent producers from having their conformity fully or partially certified by eligible~~

~~third parties. A third-party certification should be able to supplement a self-declaration but~~

~~not replace it.~~ **Verification based on self-declaration does not prevent producers from**

**-**
**having their conformity verified by eligible third parties. Such third** **party verification**

**-**
**can supplement a self** **declaration, but not replace it.**

(45) The self-declaration should provide **the** competent authorit **y** ~~ies~~ with all necessary

information ~~on~~ **regarding** the product an ~~d on~~ its compliance with the product specification.

To ensure that the information provided in the self-declaration is comprehensive, a

harmonised structure for such declarations should be laid down ~~in Annex~~ . ~~It is important to~~

~~ensure that the self-declaration is filled in truthfully and accurately. Therefore, the~~ **The**

producer should take full responsibilit ~~y for~~ **that** the information provided in the self

declaration **is correct**, and should be able to provide the necessary evidence to allow for the

verification of that information.

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# ANNEX COMPET.1 EN

(46) ~~Where a self-declaration certification procedure for the verification of compliance is in~~

~~place, the competent authorities should carry out random controls.~~ ~~**U**~~ **pon receipt of the self-**

**-**
**declaration, competent authorities should conduct an examination of the self**

**declaration that includes at least a check of the completeness and consistency of the**

**self-declaration. Obvious inconsistencies should be clarified and missing information**

**should be requested from the producer. If the result of the check of the self-declaration**

**is positive, the authority should issue, or renew, an official certificate of authorisation**

**to produce the product designated by the geographical indication.**

**(46a)** _(moved from recital (42)_ ) To ~~guarantee~~ **ensure** compliance with the product specification

~~after the product has been put on the market~~ **and also to check the correctness of the**

**information provided in the self-declaration**, **the** competent authorit **y** ~~ies~~ should **, with**

**appropriate frequency,** perfor ~~m official controls in the marketplace~~ **conformity checks,**

**based** on a risk analysis and ~~with appropriate frequency considering the likelihood~~ **taking**

**into account the risk** of non-complianc ~~es~~ **,** including fraudulent or deceptive practices.

(47) In the event of non-compliance with the product specification, the competent authorit **y** ~~ies~~

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

situation and to prevent further non-complianc ~~es. In addition, Member States should provide~~

~~for a set of effective, proportionate and dissuasive penalties aimed at deterring possible~~

~~fraudulent behaviour by producers.~~

**-**
**(47a)** **As an alternative to the verification procedure based on self** **declaration,**

**Member States may provide for a verification procedure based on verification of**

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

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

**before and after the product has been placed on the market.**

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# ANNEX COMPET.1 EN

**(47b)** _(moved from recital (43))_ ~~Enforcement~~ **Monitoring the use** of geographical indications in

the market ~~place~~ is important to prevent fraudulent and deceptive practices **,** thus ensuring

that the producers of products designated by a geographical indication are properly rewarded

for the added value of their products bearing a geographical indication and that ~~illegal users~~

~~of~~ **persons infringing** those geographical indications are prevented from sellin ~~g their~~ **such**

products. Therefore, ~~apart from controls concerning the producers, M~~ ember States should

**monitor the market for the detection of any misuse of geographical indications, and**

**carry out controls based on a risk analysis. If necessary, competent authorities should**

**be free to delegate to certification bodies or natural persons certain control tasks**

**related to checking the origin, or the prodution process, of the product concerned.** ~~also~~

**In the event of a detected misuse of the geographical indication, the competent**

**authority should** take appropriate administrative and judicial steps to prevent or stop the

use of names on products or services that contravene the protected geographical indications,

where such products are produced ~~,~~ **or** marketed **,** or such services are marketed, in their

territory. **To this end, Member States should designate competent authorities to monitor**

**the market, which may be the same as the authorities designated for the verification of**

**compliance with the product specification. Such monitoring may be undertaken by**

**authorities carrying out product controls or controls in the market in another context,**

**for example customs control, market surveillance or law enforcement.**

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# ANNEX COMPET.1 EN

**(47c)** ~~For the purposes of enforcing geographical indications,~~ ~~**I**~~ **n any event, the** measures,

procedures and remedies set out in Directive 2004/48/EC **[12]** of the European Parliament and

of the Council ar ~~e available~~ ~~**,**~~ ~~as they are~~ applicable to any infringement of intellectual

property rights **, including geographical indications** . **At the same time, Regulation (EU)**

**No 608/2013** **[13]** **of the European Parliament and of the Council sets out the conditions**

**and procedures for action by the customs authorities where goods suspected of**

**infringing an intellectual property right, including geographical indications, are, or**

**should have been, subject to customs supervision or customs control within the**

**customs territory of the Union. Likewise, Regulation (EU) No 386/2012** **[14]** **of the**

**European Parliament and of the Council sets out tasks and activities of the Office**

**related to the enforcement of intellectual property rights, including fostering**

**cooperation with and between relevant Member State authorities.**

**(47d)** _(moved from recital (54))_ For the optimal functioning of the internal market, it is important

that producers **can** quickly and easily demonstrate ~~in several contexts~~ that they are

authorised to use ~~a protected~~ name **that is protected as a geographical indication**, ~~such as~~

~~at~~ **for example in the context of** customs controls ~~,~~ **or** market inspections **,** o ~~r on demand by~~

~~trade operators~~ **at the request of business partners or consumers** . To this end, an official

certificat ~~e, or other proof of certification, of entitlement~~ **of authorisation** to produce the

product designated by the geographical indication ~~should be~~ put at the disposal of the

producer **should be used.**

**12** Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on
the enforcement of intellectual property rights **(OJ L 157, 30.4.2004, p. 45)** .
**13** **Regulation (EU) No 608/2013 of the European Parliament and of the Council of**
**12 June 2013 concerning customs enforcement of intellectual property rights and**
**repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).**
**14** **Regulation (EU) No 386/2012 of the European Parliament and of the Council of**
**19 April 2012 on entrusting the Office for Harmonization in the Internal Market**
**(Trade Marks and Designs) with tasks related to the enforcement of intellectual**

**-**
**property rights, including the assembling of public and private** **sector representatives**
**as a European Observatory on Infringements of Intellectual Property Rights (OJ L**
**129, 16.5.2015, p. 1).**

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# ANNEX COMPET.1 EN

(48) _(moved to recital (57c))_

(49) _(covered by recital (41)_ ~~_)_~~ ~~To ensure impartiality and effectiveness, the competent authorities~~

~~designated to perform the verification of the compliance with the product specification~~

~~should meet a number of operational criteria. To facilitate the task of controls and to make~~

~~the system more effective competent authorities should be able to delegate competences~~

~~regarding the performance of specific control tasks to a legal person which certifies that~~

~~products designated by geographical indications comply with the product specification~~

~~(‘product certification body’). A delegation of such competences to natural persons should~~

~~also be envisaged.~~ ~~**S**~~ **ince the control system laid down in this Regulation follows a**

**-**
**public** **private approach, producers themselves should also contribute to the protection**

**of geographical indication by fulfilling due diligence responsibilities. They should**

**perform compliance checks with the product specification, accompanied, as applicable,**

**by internal compliance checks managed and organised by the producer groups. In**

**addition, producers should be encouraged to support public authorities in monitoring**

**the use of geographical indications in the market. Producers should also be encouraged**

**-**
**to notify any non** **compliance or possible infringements to the competent authorities.**

(50) Information on ~~the~~ competent authorities **,** and on product certification bodies **and natural**

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

Member States and the Office to ensur ~~e the~~ transparency and allow interested parties to

contact them.

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# ANNEX COMPET.1 EN

(51) European standards (EN standards) developed by the European Committee for

Standard ~~is~~ ~~**z**~~ ation (CEN) and international standards developed by the International

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

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

bodies should take place in accordance with Regulation (EC) No 765/2008 **[15]** of the

European Parliament and of the Council. ~~Natural persons should have the expertise,~~

~~equipment and infrastructure required to perform those official control tasks delegated to~~

~~them; they should be suitably qualified and experienced, and act impartially and free from~~

~~any conflict of interest as regards the exercise of those official control tasks delegated to~~

~~them.~~ Product certification bodies established outside the Union should demonstrate their

compatibility with Union or internationally recognised standards based on a certificate

issued by a body that is a **recognised** signatory of a multilateral recognition agreement

under the auspices of the International Accreditation Forum **(IAF) or a member of the**

**International Laboratory Accreditation Cooperation (ILAC). Natural persons should**

**have the expertise, equipment and infrastructure required to perform those control**

**tasks delegated to them; they should be suitably qualified and experienced, and act**

**impartially and free from any conflict of interest as regards the exercise of those**

**control tasks delegated to them.**

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

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(52) In order to strengthen geographical indication protection and to combat counterfeiting ~~more~~

effectively, the protection of geographical indications should apply to both ~~,~~ the offline and

online environment **,** including domain names on the internet. Intermediary services, in

particular online platforms **,** ~~have become~~ **are** increasingly **being** used for the sale of

products, including those designated by geographical indications ~~, and in some cases online~~

~~platforms might represent an important space as regards preventing fraud~~ . In this regard,

information related to the advertising, promotion and sale of goods that contravenes the

protection of geographical indications provided for in ~~Article 35~~ **this Regulation** ~~,~~ should be

considered illegal content within the meaning of Article ~~2(g)~~ **3(h)** of Regulation (EU) ~~No~~

~~xxxx/2~~ 022 **/2065** **[16]** of the European Parliament and of the Council and be subject of

obligations and measures under that Regulation.

**(52a)** **Member States should provide for effective, proportionate and dissuasive penalties**

**aimed at deterring possible fraudulent behaviour by producers of products designating**

**a geographical indication and persons infringing the geographical indication.**

(53) Taking into account that **the production steps of** a product designated b ~~y the~~ **a** geographical

indication **might take place in more than one Member State, and taking into account**

**that products** produced in one Member State might be sold in another Member State,

administrative assistance **and cooperation** between Member States should be ensured to

allow **for** effective control ~~s and its practicalities should be laid down.~~

(54) _(moved to recital (47d))_

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

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

Regulation (EU) 2019/1753 **[17]** of the European Parliament and of the Council. Certain

provisions of that Regulation should be amended to ensure coherence with the introduction

of geographical indication protection for craft and industrial products at ~~the~~ Union level, in

accordance with this Regulation. In this context, the Office should play the role of the

Union’s competent authority in respect of geographical indications for craft and industrial

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

geographical indications falling outside the scope of regulations on the ~~EU’s~~ **Union’s**

protection schemes for agricultural geographical indications should be aligned with this

Regulation.

(56) **Likewise, to ensure coherence with this Regulation,** Regulation (EU) 2017/1001 **[18]** of the

European Parliament and of the Council should be amended. ~~Article 151 of that Regulation~~

~~sets out the tasks of the Office. The administration and promotion of geographical~~

~~indications, in particular the~~ **The** tasks conferred on the Office under this Regulation **as**

**regards the administration and promotion of geographical indications** should be added

to **the list of the tasks of the Office set out in** Article 151 of that Regulation. ~~In addition, in~~

~~order to ensure coherence with this Regulation, a provision on the establishment of a domain~~

~~name information and alert system for EU trade marks should also be inserted in that~~

~~Regulation.~~

**17** 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) _._
**18** Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017
on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).

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

should be all the official languages of the Union. **With respect to applications for**

**registration, amendments to product specifications and cancellation procedures**

**submitted from third countries,** ~~T~~ ~~**t**~~ he Offic ~~e may~~ **should** accept verified translations **,** into

one of the official languages of the Union **,** of documents and information ~~with respect to~~

~~applications for registration, amendment~~ ~~for product specification and cancellation~~

~~procedures submitted from third countries~~ . The Office may, if appropriate, use verified

machine translations.

**(57a)** _(moved from recital (13))_ Member States should have the possibility to charge a ~~registration~~

fee to cover their costs of managing the geographical indication system for craft and

industrial products. Member States ~~should~~ **may** charge lower fees for micro, small or

medium-sized enterprises ~~(MSMEs).~~ The Office should not charge a fee for ~~the management~~

~~of the Union~~ application **s** ~~process~~ **submitted by competent authorities of the Member**

**States after the completion of the national phase of the procedure** . _(following sentence_

_partly moved from recital 17)_ However, the Office should ~~have the possibility to~~ charge a

fee fo ~~r the~~ **procedures relating to** direct registration, **considering that this procedure**

**generates more work for the Office than the processing of applications already**

**-**
**examined in the national phase. The Office should also charge fees for third** **country**

**applications and appeals** . ~~In that case, t~~ ~~**T**~~ he fees charged by the Office should be laid down

by ~~an~~ **Commission** implementing act ~~**,**~~ ~~in accordance with Regulation (EU) No 182/2011~~ ~~**[1][9]**~~ ~~of~~

~~the European Parliament and of the Council~~ .

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

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**-** ‒
**(57b)** **The necessary set** **up costs of the IT system that is envisaged under this Regulation**

‒
**namely the digital system for applications, the Union register, and the digital portal**

**should be financed from the Office’s accumulated budgetary surplus. The running**

**costs arising from the tasks entrusted to the Office by this Regulation should be**

**covered by the operational budget of the Office.**

**(57c)** _(moved from recital 48)_ Control ~~and verification~~ fees or charges should cover, but not

exceed, the costs, including overhead costs, incurred by the competent authorit ~~yi~~ e ~~s to~~ **that**

perfor ~~ms official~~ controls. Overhead costs could include the costs of the organisation and

support necessary for planning and carrying out ~~the official~~ controls **, and where applicable,**

**the use of certification bodies or natural persons** . ~~Such costs should be calculated on the~~

~~basis of each individual official control or on the basis of all official controls performed over~~

~~a given period of time. Where fees or charges are applied on the basis of the actual cost of~~

~~individual official controls, producers with a good record of compliance should bear lower~~

~~overall charges than non-compliant ones, as such producers with a good record of~~

~~compliance should be subject to less frequent official controls. In order to promote~~

~~compliance with Union legislation by all producers irrespective of the method (based on~~

~~actual costs or on a flat rate) that each Member States has chosen for the calculation of the~~

~~fees or charges, where fees or charges are calculated on the basis of overall costs incurred by~~

~~the competent authorities over a given period of time, and imposed on all producers~~

~~irrespective of whether they are subject to an official control during the reference period,~~

~~those fees or charges should be calculated so as to reward producers with a consistently~~

~~good record of compliance.~~ No fee should be charged for the submission of the self

declaration and its processing.

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(58) The digital system should include a front and back office and allow for smooth connection,

interface with and integration to IT systems of national authorities, the Union ~~GI~~ registe ~~r of~~

~~geographical indications for craft and industrial products~~ and the **WIPO** IT system ~~of the~~

~~World Intellectual Property Office~~ for th ~~e protection through~~ **administration of** the Geneva

Act ~~of the Lisbon Agreement~~ . The Union register ~~of geographical indications designed by~~

~~the Office for craft and industrial products~~ should be similar in appearance and have at least

~~those~~ **the same** functionalities ~~to~~ **as** the **Union** ~~R~~ ~~**r**~~ egister of geographical indications for

wines, foodstuff and agricultural products.

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**(58a)** _(moved from recital (60))_ In order to amend or supplement 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 **: (i)**

**specifying** the requirements **in relation to documentation accompanying the application**

**for registration** ~~**;**~~ ~~or~~ **(ii)** listing additional items of the accompanying documentation **for the**

**application for registration** ~~,~~ ~~**;**~~ **(iii) specifying the criteria for the direct registration**

**procedure; (iv)** defining procedures and conditions applicable to the preparation and

submission of ~~Union~~ applications for registration **at the Union phase** ~~,~~ ~~**;**~~ ~~(iii) rules on~~

~~entrusting the Office to operate the Union register of geographical indications for craft and~~

~~industrial products,~~ ~~**;**~~ **(v)** the ~~formal~~ content of the notice of appeal ~~,~~ **and** the procedure for the

filing and the examination of an appeal **; (vi** ~~**)**~~ ~~as well as~~ th ~~e formal~~ content and the form of

the Board **s** of Appeal’s decisions; **and (vii) modifications to** the information and

requirements ~~of~~ **in relation to** the self-declaration **in the form set out in Annex** ~~**1**~~ **I** ~~**;**~~ ~~and the~~

~~technical assistance of the Office~~ . It is of particular importance that the Commission carry

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

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

Interinstitutional Agreement of 13 April 2016 on Better Law-Making **[20]** . 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.

**20** Interinstitutional Agreement between the European Parliament, the Council of the European
Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1) _._

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

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

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

limitation is necessary to avoid excessively voluminous applications for registration; (ii)

laying down rules on the form of the product specification; (iii) ( _deleted_ ); (iv) specifying the

format and online presentation of the accompanying documentation; (v) determining the

amounts of the fees and the ways in which they are to be paid; (vi) ~~specifying further details~~

~~on the criteria to lodge direct applications and~~ ~~**l**~~ **aying down detailed rules** on the procedures

for the preparation and submission of ~~the~~ direct applications; (vii) specifying the procedures,

and criteria for preparation and submission o ~~f the a~~ pplications **for registration at the Union**

**phase**, and their form and presentation, in order to facilitate the application process,

including for applications concerning more than one national territory; (viii) laying down ~~the~~

~~necessary r~~ ules ~~to provide for~~ **on** the submission of ~~official c~~ omments by national authorities

and persons with a legitimate interest ~~in order to facilitate the official submission of~~

~~comments and to improve management of the opposition process~~ **and specifying the**

**format and online presentation of the notice of comments** ; (ix ~~) specifying the format and~~

~~online presentation of oppositions and any comments procedure~~ **setting out the procedures**

**applicable to situations where the Commission may take over an application for**

**registration from the Office;** (x) specifying rules on the protection of the geographical

indication; (xi) deciding on the protection of geographical indications pertaining to products

of third countries that are protected in the Union under an international agreement **– other**

**than under the Geneva Act –** to which the Union is a contracting party; (xii) ~~specifying the~~

~~content~~ ~~**s**~~ **etting out the IT architecture** and presentation of the Union register ~~of~~

~~geographical indications~~ ; (xiii) specifying the format and online presentation of extracts

from the Union register ~~of geographical indications for craft and industrial products~~ ; (xiv)

laying down detailed rules on procedures, form and presentation of an amendment

application fo ~~r Union~~ **substantial** amendment and on procedures, form and communication

o ~~f standard~~ **non-substantial** amendments to the Office; (xv) laying down detailed rules on

procedures and form of the cancellation process, as well as on the presentation of the

requests;

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(xvi) setting out the technical characteristics of the Union symbol and indications as well as

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

including rules concerning the appropriate linguistic versions to be used; **and** (xvii)

specifying the nature and the type of the information to be exchanged and the methods for

exchanging information ~~under mutual assistance~~ **for the purposes of controls** . Those

powers should be exercised in accordance with Regulation (EU) No 182/2011 of the

European Parliament and of the Council **[21]** .

(60) _(moved to recital (58a))_

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

regulatory approaches. Having two parallel systems at Union and national levels ~~might carry~~

**carries** the risk of confusing consumers and producers. The replacement of national specific

geographical indication protection systems b ~~y the~~ **a** Union **-** wide regulatory framework ~~will~~

**would** create legal certainty, reduce administrative burden for national authorities, ensure

fair competition between the producers of the products bearing such indications as well as

predictable and relatively low costs **,** and enhance the credibility of the products in ~~the~~

consumers’ eyes. To this end, the national specific protection for geographical indications

for craft and industrial products ~~will~~ **should** cease to exist ~~one year~~ **twelve months** after the

~~entry into force~~ **date of application** of this Regulation. The protection may be extended in

time until the registration process is finalised for those national ~~GIs~~ **geographical**

**indications** identified by interested Member States. Some Member States **,** **namely those**

that are party to the Lisbon Agreement for the Protection of Appellations of Origin and their

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

for craft and industrial products and protected geographical indications for craft and

industrial products originating from third countries ~~under that Agreement~~ . Regulation (EU)

2019/1753 should therefore be amended so as to allow for the continued protection of those

geographical indications for craft and industrial products.

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

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(62) ~~Since~~ ~~**G**~~ **iven that** a period of time is required to ensure that the framework for the proper

functioning of this Regulation is in place to create a Union and international registration

system **,** ~~(i~~ ncluding **the** IT system setting up and managing the Union register ~~of~~

~~geographical indications for craft and industrial products, the EU alert system against the~~

~~abusive use of geographical indications for craft and industrial products in the internet, etc.)~~,

this Regulation should start to appl ~~y [~~ ~~_XX_~~ ~~] months following the date of its entry into force~~

**from** _**[OJ: the first day of the twentyfifth month after the entry into force of this**_

_**Regulation]**_ .

**(62a)** _(moved from recital (10))_ This Regulation respects the fundamental rights and observes the

principles recognised in particular by the Charter **of Fundamental Rights of the European**

**Union** . Accordingly, the Regulation should be interpreted and applied in accordance with

those rights and principles including the right to protection of personal data, the freedom to

conduct a business and the right to property, including intellectual property.

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# ANNEX COMPET.1 EN

**(62b)** _(moved from recital (11))_ The tasks assigned by this Regulation to Member Stat ~~es’~~

authorities, the Commission and the ~~European Union Intellectual Property Office,~~

~~hereinafter ‘the~~ Offic ~~e’,~~ may require the processing of personal data, in particular where this

is needed to identify applicants in a registration amendment or cancellation procedure,

opponents in an opposition procedure or beneficiaries of transitional period granted to

derogate from the protection of a registered name. ~~.~~ Processing of such personal data is

therefore necessary for the performance of a task carried out in the public interest. Any

processing of personal data under this Regulation should respect fundamental rights,

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

personal data under Articles 7 and 8 of the Charter **. In that context** ~~**,**~~ ~~and it is essential that~~

~~Member States comply with~~ Regulation (EU) 2016/679 **[22]** of the European Parliament and of

the Council and Directive 2002/58/EC **[23]** **of the European Parliament and of the Council**

**place certain obligations on Member States**, ~~and the Commission and the Office with~~

**while** Regulation (EU) 2018/1725 **[24]** of the European Parliament and of the Council **places**

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

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

**considered joint controllers.**

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

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**(62c)** **Since the objectives of this Regulation, namely the creation of uniform protection of**

**geographical indications for craft and industrial products, cannot be sufficiently**

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

**this Regulation, be better achieved at Union level, the Union may adopt measures, in**

**accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on**

**European Union. In accordance with the principle of proportionality, as set out in that**

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

**objective.**

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

Regulation (EU) 2018/1725 and delivered an opinion on ~~(…)~~ **2 June 2022**,

HAVE ADOPTED THIS REGULATION:

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# ANNEX COMPET.1 EN

## **TITLE I** **GENERAL PROVISIONS**

_Article 1_

_**Subject matter**_

This Regulation lays down rules on:

(a) the registration, protection ~~,~~ **and** control ~~and enforcement~~ o ~~f certain~~ names that identify

craft and industrial products with given quality, reputation or other characteristics linked to

their geographical origin **,** and ~~,~~

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

international registration and protection system based on the Geneva Act of the Lisbon

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

administered by the World Intellectual Property Organi ~~s~~ **z** ation (WIPO).

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# ANNEX COMPET.1 EN

_Article 2_

_**Scope**_

1. This Regulation applies to craft and industrial products ~~listed under the combined~~

~~nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87~~ ~~**[25]**~~ ~~.~~

2. This Regulation does not apply to spirit drinks as referred **to** in Regulation (EU)

2019/787 **[26]** of the European Parliament and of the Council, **to** wines as ~~defined in~~ **referred**

**to in** Regulation (EU) No 1308/2013 **[27]** of the European Parliament and of the Council, ~~nor~~

**or** to agricultural products and foodstuffs as ~~protected by~~ **referred to in** Regulation (EU)

No 1151/2012 **[28]** of the European Parliament and of the Council.

3. Registration ~~s~~ and protection of geographical indications 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 ~~and, in particular, to~~ product labelling requirements, ~~to~~

product safety, consumer protection and market surveillance.

**25** ~~Council Regulation (EEC) No 2685/87 of 23 July 1987 on the tariff and statistical~~
~~nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).~~
**26** 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).
**27** 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).
**28** Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21
November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343,
14.12.2012, p. 1).

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# ANNEX COMPET.1 EN

4. ~~The geographical indications system laid down in this Regulation shall apply~~

~~notwithstanding D~~ irective (EU) No 2015/1535 **[29]** of the European Parliament and of the

Council **shall not apply to geographical indications protected under this Regulation** .

_Article 3_

_**Definitions**_

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

(a) ‘craft **and industrial** products’ means products **:**

**(i)** produced either totally by hand **,** or with the aid of manual **or digital** tools **,** or by

mechanical means, whenever the direct manual contribution is the most important

component of the finished product; **or**

**(ii)** ~~‘industrial products’ means products~~ produced in a standardised way, typically on **a**

mass scale and through the use of machines;

**(aa)** _(moved from point (g))_ ‘producer’ means an operator engaged in any production step of a

**craft and industrial** product ~~the name of which is protected as a geographical indication,~~

~~including processing activities covered by the product specification;~~

(b) _(moved to indent (ii) of point (a))_

(c) _(deleted)_

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

producer ~~s or processors~~ working with the same product;

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

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# ANNEX COMPET.1 EN

(e) ‘production step’ means any stage of production, **including** processing, **obtaining,**

**extracting, cutting** or preparation, up to the point ~~,~~ where the product is in a form to be

placed on th ~~e internal~~ market;

(f) ‘traditional’ and ‘tradition’, when 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;

(g) _(moved to point (aa))_

(h) ‘generic terms’ means:

(i) the names of products which, although relating to the place, region or country where

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

a product in the Union ~~**;**~~ ~~or~~

(ii) a ~~common t~~ erm **common within the Union, which is** descriptive of the type of

product ~~,~~ **or of the** product attributes **;** or

**(iii)** other terms that do not refer to **a** specific product;

(i) ‘product certification body’ means ~~a legal person~~ ~~**a**~~ **body, irrespective of its legal form,**

which **is entrusted to** certif ~~ies~~ ~~**y**~~ that products designated by geographical indications

comply with the product specification ~~, whether in performance of a delegated official~~

~~control task or any other mandate~~ ;

(j) ‘self-declaration’ means a document in which a producer ~~, or an authorised representative,~~

indicates on his or her sole responsibility that the product is compliant with the

corresponding product specification and that all necessary controls and checks for the

proper determination of conformity have been carried out in order to demonstrate the

lawful use of the geographical indication to the competent authorities of Member States ~~.~~ ~~**;**~~

**(ja)** **‘the Office’ means the European Union Intellectual Property Office as defined under**

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

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# ANNEX COMPET.1 EN

(k) ‘notice of comment’ means a written observation lodged with the ~~European Union~~

~~Intellectual Property Office (‘the~~ Offic ~~e)~~ indicatin ~~g at~~ inaccuracies in the application **,**

without triggering the opposition procedure ~~.~~ ~~**;**~~

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

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

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

**quality, reputation or other characteristics linked to their geographical origin, with**

**the exception of trade marks.**

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# ANNEX COMPET.1 EN

_Article 4_

~~_**Data protection**_~~

_(moved to Article 62b)_

_Article 5_

_**Requirements for a geographical indication**_

**1.** For the name of a craft and industrial product to qualify for ~~‘g~~ eographical indication ~~’~~

protection, the product shall comply with the following requirements:

(a) ~~T~~ ~~**t**~~ he product originates in a specific place, region or country;

(b) ~~I~~ ~~**i**~~ ts given quality, reputation or other characteristic is essentially attributable to its

geographical origin; and

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

geographical area.

**2.** **Products that are contrary to public policy are excluded from being the subject of**

**geographical indication protection.**

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# ANNEX COMPET.1 EN

## **TITLE II** **REGISTRATION OF GEOGRAPHICAL INDICATIONS** **Chapter 1** **General Provisions**

_Article 6_

_**Applicant**_

1. Applications for the registration of geographical indications shall ~~only~~ be submitted by a

producer grou ~~p of a product (‘applicant producer group’), the name of which is proposed~~

~~for registration. Regional or local public entities may help in the preparation of the~~

~~application and in the related procedure.~~

2. _(moved to paragraphs 3a and 3b)_

3. **By way of derogation from paragraph 1,** ~~A~~ ~~**a**~~ single producer may ~~be deemed to~~ be an

applicant ~~producer group for the purposes of this Title,~~ where 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;

(b) the geographical area concerned is defined by natural features without reference to

property boundaries and has characteristics ~~which~~ **that** differ appreciably from those

of neighbouring areas **,** or the characteristics of the product are different from ~~those~~

**the characteristics of products** produced in neighbouring areas.

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**3a.** **Upon request by the producer group or the single producer, a public or private entity**

**may assist in the preparation of the application and in the related procedure.**

**3b.** **A local or regional authority, other than any of the authorities referred to in**

**Articles 11(1) and 45(1), designated by a Member State, or a private entity designated**

**by a Member State, may be deemed to be an applicant within the meaning of**

**paragraph 1. The application referred to in Article 6a shall state the reasons for such**

**designation.**

4. In the case of a geographical indication that designates a cross-border geographical area,

**several** ~~producer groups~~ **applicants,** from different Member States **, from Member States**

**and third countries, or from third countries,** may lodge a joint application for the

registration of a geographical indication ~~from either Member State. When the cross-border~~

~~geographical area concerns a Member State and a third country, they may lodge a joint~~

~~application for registration with the national authority of the Member State concerned.~~

~~When the cross-border geographical area concerns several third countries, several producer~~

~~groups may lodge a joint application with the Office.~~

_(_ _**new) Article 6a**_

_**Application**_

_(moved from Article 11(3))_ ~~Applications~~ **The application for registration of a geographical**

**indication** shall comprise:

(a) the product specification referred to in Article 7;

(b) the single document referred to in Article 8; **and**

(c) the accompanying documentation referred to in Article 9.

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_Article 7_

_**Product specification**_

1. **In order for the name of a** ~~Craft~~ **craft** ~~and~~ ~~**o**~~ **r** industrial product ~~s the names of which are~~

**to b** ~~**e**~~ ~~registered~~ **protected** as a geographical indication **, the product** shall comply with ~~a~~

**the** product specification, which shall include ~~at least:~~

(a) the name to be protected as **a** 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, ~~if~~ **where** appropriate, the raw materials;

(c) the specification of the defined geographical area creating the link referred to in

point (g);

(d) evidence that the product originates **, and that at least one of the production steps**

**takes place,** in the defined geographical area **as** specified in Article 5 **(1)**, point **s (a)**

**and** (c);

(e) a description of the method of producin ~~g or obtaining~~ the product and, where

appropriate, the traditional methods and specific practices used;

(f) information concerning packaging, where the applicant ~~producer group~~ so

determines and **where the packaging has to take place in the defined**

**geographical area, in which case the applicant shall** giv ~~es~~ sufficient product

specific justification as to why the packaging must take place in ~~the defined~~

~~geographical~~ **that** are ~~a 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 movement of services~~ ;

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(g) details establishing the link between a given quality, the reputation or other

characteristic of the product and the geographical origin as referred to in Article 5 **(1)**,

point (b);

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

**(ha) indication and specific provisions for the verification of compliance of any**

**individual production step that is carried out by one or more producers in a**

**Member State or third country other than the Member State or third country in**

**which the geographical inidication originates;**

(i) other ~~applicable~~ requirements ~~where p~~ rovided for by Member States or by a producer

group, ~~if~~ ~~**a**~~ **s** applicable, having regard to the fact that such requirements must be

objective, non-discriminatory and compatible with **national and** Union law.

2. The Commission may adopt implementing acts laying down rules ~~, which~~ **that** limit the

information contained in the product specification referred to in paragraph 1, where such a

limitation is necessary to avoid excessively voluminous applications for registration and

rules on the form of the product specification. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 65(2).

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_Article 8_

_**Single document**_

1. The single document **shall be drawn up by using the form set out in Annex** ~~**2**~~ **II and**

~~shall~~ comprise:

(a) the following main points of the product specification:

(i) the name **that is requested to be protected as a geographical indication** ;

(ii) a description of the product, including, where appropriate, ~~specific rules~~

~~concerning~~ **the raw materials and information concerning the** packaging

and labellin ~~g,~~ **;**

(iii) a concise definition of the geographical area;

(b) a description of the link between the product and the geographical origin referred to

in Article 7(1), point (g), including, where appropriate, the specific elements of the

product description or production method justifying that link.

2. ~~The Commission may adopt implementing acts setting out the format and online~~

~~presentation of the single document provided for in paragraph 1. Those implementing acts~~

~~shall be adopted in accordance with the examination procedure referred to in Article 65(2).~~

_–_
_(deleted_ _as the form of the single document is finalised in Annex II)_

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_Article 9_

_**Documentation accompanying the application for registration**_

1. The documentation accompanying the application for registration (‘accompanying

documentation’) shall comprise:

(a) _(moved to point (ca))_

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

(c) the name and contact details of the competent authority **referred to in Article 45(1)**

and ~~/or~~ ~~**,**~~ **if applicable, of the** product certification body **or natural person** verifying

compliance with ~~the provisions of t~~ he product specification **referred to in**

**Articles 46(6)(b), 46a(1)(b) and 46b(b)** ;

**(ca)** information concerning any proposed limitations on the use or protection of the

geographical indication, as well as any transitional measures proposed by the

applicant ~~producer group~~ or by the national ~~authorities~~ ~~**c**~~ **ompetent authority,** notably

following the national examination and opposition procedure;

(d) ( _deleted_ )

(e) any other information deemed appropriate by the Member Stat ~~e,~~ o ~~r by~~ the applicant.

2. The Commission shall be empowered to adopt delegated acts supplementing this

Regulation ~~by provisions clarifying~~ **specifying** the requirements **set out in paragraph 1** ~~or~~

~~listing additional items of the accompanying documentation to be supplied~~ _(deleted words_

_moved to paragraph 2a)._

**2a.** **The Commission shall be empowered to adopt delegated acts amending this**

**Regulation** listing additional items of the accompanying documentation to be supplied.

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3. The Commission may adopt implementing acts defining the format and online presentation

of the accompanying documentation. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 65(2).

_Article 10_

~~_**Registration fees**_~~

_–_
_(deleted_ _moved to Article 62a)_

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## **Chapter 2** **National hase o f the** **stage p registration**

_Article 11_

_**Designation of competent authority and procedure for the national**_ ~~_**application**_~~ _**phase of**_

_**registration**_

1. Without prejudice to paragraph 4 of this Article and **to** Article 15, each Member State shall

~~maintain or d~~ esignate a competent authority for ~~the management of~~ the national phase of

~~the r~~ egistration ~~and other procedures for~~ **of** geographical indications for craft and industrial

products. **That competent authority shall also be responsible for the national phase of**

**the procedures regarding any amendments to the product specification or regarding**

**the cancellation of the registration.**

2. Without prejudice to paragraph 4 of this Article and **to** Article 15 **a(1)**, an application for

registration of a geographical indication **of a product** originating in the Union shall be

addressed to the competent ~~authorities~~ **authority** of the Member State in which the product

concerned originates.

3. _(moved to Article 6a)_

4. Two or more Member States may agree that the competent authority of one Member State

is in charge of the national phase of the registration and other procedures **referred to in**

**paragraph 1**, including the submission of the ~~Union~~ application to the Office, also on

behalf of the other Member Stat ~~e,~~ or Member States.

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**5.** _(moved from Article 68(3))_ Member States shall inform the Commission **and the Office** by

_[_ ~~_six months after t_~~ _he date of_ ~~_the entry into force_~~ _**application**_ _of this Regulation]_ **of the**

**names and addresses of the designated competent authorities, and keep that**

**information updated. They shall inform the Commission and the Office, by the same**

**date,** if they decide to cooperate with each other **on a permanent basis** ~~for the~~

~~management of the national procedures foreseen in Chapter II of Title II~~ **in relation to the**

**processing of applications,** as ~~laid down~~ **provided for** in ~~Article 6(4)~~ **paragraph (4)** .

_Article 12_

_**Examination by the competent**_ ~~_**authorities**_~~ _**authority**_

**1.** The competent authority shall examine the application ~~and shall check that the product~~ **to**

**verify that it** complies with the requirements ~~for geographical indications~~ referred to in

Article 5 and **6, and that the application** provides the necessary information for

registration **, as** referred to in Articles 7, 8 and 9.

**2.** **Where the competent authority finds that the application is incomplete, it shall give**

**the applicant the possibility to correct or complete the application within a set time**

**limit.**

**3.** **Where, following the examination of the application, the competent authority finds**

**that the application does not fulfill the requirements or provide the necessary**

**information for registration, it shall reject the application. Otherwise, it shall proceed**

**to the national opposition procedure referred to in Article 13.**

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_Article 13_

_**National opposition procedure**_

1. ~~After the conclusion of the examination referred to in Article 12,~~ ~~**F**~~ **ollowing the**

**examination referred to in Article 12(1),** the competent authority shall conduct a national

opposition procedure. That procedure shall ~~ensure~~ **provide for the** publication of the

application and ~~provide~~ for a period of at least ~~60 days~~ **two months** from the date of

publication within which any person having a legitimate interest and established or resident

~~on~~ **in** ~~the territory of~~ the Member State in charge of the national phase of the registration or

~~of~~ **in** the Member States in which the product concerned originates (‘national opponent’)

may lodge an opposition to the application with the competent authorit ~~y of the~~

~~Member State in charge of the national phase of the registration.~~

2. The competent authority shall establish the detailed arrangements ~~of~~ **for** the opposition

procedur ~~e~~ ~~**,**~~ ~~.~~ Thos ~~e detailed~~ arrangements may include ~~criteria for the admissibility of an~~

~~opposition, a~~ period of consultation between the applicant and each national opponent **,**

**with a view to a friendly settlement. The outcome of such consultations, including any**

**possible changes to the application agreed, shall be communicated to the competent**

**authority by the applicant** ~~, and submission of a report from the applicant on the outcome~~

~~of the consultations including any changes the applicant has made to the application~~ .

**3.** **An opposition lodged shall be admissible only if it is based on one or more of the**

**following grounds for opposition:**

**(a)** **the proposed geographical indication does not comply with the requirements for**

**protection laid down in this Regulation;**

**(b)** **the registration of the proposed geographical indication would be contrary to**

**Articles 37 and 38 or Article 39(1); or**

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**(c)** **the registration of the proposed geographical indication would jeopardise the**

**existence of an identical or similar name used in trade or of a trade mark, or the**

**existence of products that have been legally on the market for at least five years**

**preceding the date of the publication provided for in paragraph 1.**

_Article 14_

_**Decision**_ ~~_**on**_~~ _**at the national**_ ~~_**application**_~~ _**phase**_

1. ~~If~~ ~~**W**~~ **here** the competent authority, after the examination of the application and the

assessment of the results of ~~any~~ **the** opposition ~~s received~~ **procedure**, ~~and~~ **including,**

**where applicable,** any changes to the application agreed with the applicant, finds that the

requirements of this Regulation are met, it shall take a favourable decision and ~~lodge a~~

**submit the** ~~Union~~ application ~~for registration~~ ~~**,**~~ in accordance with Article ~~17~~ **18(1), to the**

**Office** . **Otherwise, it shall reject the application.**

2. The competent authority shall ~~ensure that~~ **make** its decision **public.** ~~is made public and~~

~~that any person having a legitimate interest has an opportunity to lodge an appeal. The~~

~~competent authority shall ensure that.~~ **It shall publish electronically** the product

specification on which its favourable decision is based ~~is published, and shall provide~~

~~electronic access to the product specification~~ .

**3.** **The applicant and any other party to the opposition procedure shall have the right to**

**lodge an appeal against the decision taken under paragraph 1.**

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_**(new) Article 14a**_

_**Temporary national protection**_

_(ex Article 16)_

1. A Member State may, on a temporary basis, grant transitional protection to ~~the~~ **a**

geographical indication ~~s~~ at national level, with effect from the date on which an

application for registration is ~~lodged with~~ **submitted to** the Office.

2. The temporary national protection shall cease on the date on which either a decision on the

application for registration is adopted or the application is withdrawn.

3. Where a geographical indication is not registered under this Regulation, the consequences

of the temporary national protection shall be the sole responsibility of the Member State

concerned.

4. The measures taken by Member States in accordance with this Article shall produce effects

at national level only, and they shall have no effect on the internal market of the Union or

international trade.

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## **Chapter 2a** **Derogation from the national phase of registration**

_Article 15_

~~_**Direct registration**_~~ _**Derogation from the national phase**_

1. By way of derogation from Article 11, the Commission shall be empowered to exempt a

Member State from the obligation to designate a competent authority ~~in accordance with~~

~~Article 11(1)~~ and to ~~handle the management of the~~ **process** applications ~~of~~ **for**

geographical indications for craft and industrial products at national level, if the

Member State, by ~~_**[**_~~ ~~six~~ ~~**t**~~ **welve** months ~~_from_~~ _**before**_ _the date of_ ~~_entry into force_~~ _**application**_

_of this Regulation_ _**]**_, provides the Commission with evidence ~~that~~ show **ing** ~~s~~ that the

following conditions are met:

(a) the Member State concerned does not have ~~a~~ national ~~_sui generis_~~ ~~system in place for~~

~~the management of geographical indications for craft and industrial products~~ **specific**

**protection for geographical indications for craft and industrial products** ; and

(b) the Member State concerned submits a request for a ~~n opt-out~~ **derogation**

accompanied by an assessment to the Commission demonstrating that the local

interest for protecting craft and industrial products by a geographical indication is

low.

2. The Commission may request further information from the Member State before adopting

a ~~Commission D~~ ~~**d**~~ ecision on the derogation referred in paragraph 1.

3. _(moved to Article 15a(1))_

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4. A Member State that has ~~applied~~ **been granted** the derogation in accordance with

paragraph 1, may ~~decide to~~ withdraw its opt-out and designate a competent authority for

~~the management of the applications~~ **the national phase of the registration** of

geographical indications for craft and industrial products. Such ~~decision~~ **withdrawal** shall

not affect any ongoing registration procedures. The Member State shall inform ~~in writing~~

the Commission **in writing** of its decision to withdraw the opt-out.

5. If the number of direct applications submitted by applicants from a Member State that has

opted out substantially exceeds the estimate given in the assessment submitted by the

Member State pursuant to paragraph 1, the Commission may withdraw ~~its decision referred~~

~~to in paragraph 2~~ **the derogation granted in accordance with paragraph 1** .

6. ~~The~~ ~~**A**~~ **ny** Member State **granted a derogation pursuant to paragraph 1** shall ~~provide the~~

~~Commission and the Office with the details of a~~ **appoint a single** point of contact, **which**

**is** independent from the applicant **and is impartial,** for any technical issues relating to the

product and the application **, and shall provide the Commission and the Office with the**

**relevant contact details** .

7. _(moved to Article 15a(4))_

8. _(moved to Article 15a(5))_

9. _(moved to Article 15a(6))_

10. _(moved to paragraphs (4)(a) and (5) of Article 62a)_

11. _(moved to Article 15a(2))_

12. ( _deleted)_

13. _(moved to Article 15a(3))_

14. _(moved to Article 15a(7))_

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15. Member States applying the procedure set out in this Article shall not be exempted from

the obligations laid down in Articles ~~45~~ **44a** to 58 ~~as regards checks and enforcement~~ .

16. _(moved to Article 15a(9))_

_**(new) Article 15a**_

_**Direct registration**_

**1.** _(moved from Article 15(3)_ ~~_)_~~ ~~When~~ ~~**W**~~ **here** a Member Stat ~~e makes use of~~ **has been granted**

the derogation in accordance with ~~paragraph~~ **Article 15(** 1 **)**, ~~the~~ **any** application from ~~a~~

~~producer group~~ **an** **applicant** of that Member State for registration, cancellation or

amendment ~~of~~ ~~**t**~~ **o** the product specification of a geographical indication **of a product**

originating in the Union shall be addressed **by the applicant** directly to the Office.

**2.** _(moved from Article 15(11))_ ~~Articles 6 to 9, Articles 11 to 14 and Articles 16 to 30~~

**Article 12, Article 14(2), and Articles 19 and 21 to 30** shall apply **,** _**mutatis mutandis**_ **,** to

the direct registration procedure referred to in this Article ~~_mutatis mutandis_~~ _,_ with the

exception of any examination periods referred to in Article 19 ~~(2~~ ~~**3**~~ ~~) and the obligation to~~

~~conduct a national opposition procedure referred to in Article 13, which shall not apply~~ .

**3.** _(moved from Article 15(13))_ In the direct registration procedure, any person having a

legitimate interest **, including national opponents as referred to in Article 13(1),** may

lodge an opposition with the Office in accordance with Article 21.

**4.** _(moved from Article 15(7))_ The Office shall communicate with both the applicant and the

**single** point of contact referred to in ~~paragraph~~ **Article 15(** 6 **)** on any technical issues

relating to the application.

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**5.** _(moved from Article 15(8))_ Upon request by the Office, within ~~60 days~~ **two months** from

such request, the Member State, through the **single point of** contact ~~point~~, shall provide

assistance in particular for the examination process. Upon request by the Member State,

the time limit may be extended by ~~60 days~~ **two months** . Such assistance shall include

examining certain specific aspects of the applications lodged by the applicant with the

Office, verifying certain information in the applications, issuing declarations concerning

such information and replying to other requests for clarifications made by the Office in

relation to the applications **.**

**6.** _(moved from Article 15(9))_ If the Member State, through the **single point of** contact ~~point,~~

does not provide assistance within the time limit referred to in paragraph ~~8~~ **5**, **the**

**-**
**registration procedure shall be suspended for up to six months. If the above**

**-**
**mentioned assistance is not provided within this six** **month period, the Geographical**

**Indication Division referred to in Article 32 shall consult the Advisory Board referred**

**to in Article 33 before taking a final decision on** the application ~~shall be deemed not to~~

~~be filed.~~

**7.** _(moved from Article 15(14))_ This ~~a~~ ~~**A**~~ rticle shall not apply to applications for registration **of**

**a geographical indication concerning a product** ~~from~~ ~~**o**~~ **riginating in a** third count ~~ries~~ ~~**y**~~ .

**8.** **The Commission shall be empowered to adopt delegated acts specifying the criteria**

**for the direct registration procedure.**

**9.** _(moved from Article 15(16))_ The Commission may adopt implementing acts ~~setting out~~

~~further details on the criteria for the application of direct registration and~~ **laying down**

**detailed rules** on the procedures for the preparation and submission of ~~the~~ direct

applications. Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 65(2).

_Article 16_

~~_**Temporary national protection**_~~

_–_
_(deleted_ _moved to Article 14a)_

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## **Chapter 3** **Union stage phase of the r egistration**

### **S ECTION 1** **P ROCEDURES A T THE U NIO N STAGE LEVEL**

_Article 17_

_**Union phase of the application**_

**Procedures at Union level cover:**

**(a)** **the Union phase of an application submitted by the competent authority of a**

**Member State after a favourable decision has been taken on the application at the**

**national phase in accordance with Article 14(1);**

**(b)** **the processing of a direct application submitted in accordance with Article 15a; or**

**(c)** **the processing of applications for a geographical indication concerning products**

**originating in a third country, other than geographical indications protected in the**

**Union under the Geneva Act or under any other international agreement to which the**

**Union is a contracting party.**

1. _(incorporated into Article 18(1))_

2. _(moved to Article 18(3))_

3. _(moved to Article 18(2a))_

4. _(moved to Article 18(2b))_

5. _(moved to Article 18(2c))_

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6. _(moved to Article 18(3a))_

_Article 18_

_**Submission of the application to the Union**_ ~~_**application**_~~ _**phase**_

1. ~~A Union~~ ~~**I**~~ **n cases referred to in Article 17(a), an** application for the registration of a

geographical indication **concerning a product originating in the Union** ~~, including the~~

~~direct registration referred to in Article 15~~, shall be submitted to the Office ~~electronically,~~

~~through~~ ~~a~~ ~~digital system~~ by the competent authority of the Member Stat ~~e or where~~

~~Article 15 applies, by the producer group~~ concerned. _(direct registration moved to_

_paragraph 1a; electronic submission moved to paragraph 2d; sentence on digital system_

_moved to Article 64(2))_

_(Moved from Article 17(1))_ ~~For geographical indications concerning products originating~~

~~in the Union, the Union application for registration submitted by a Member State to the~~

~~Office,~~ ~~**T**~~ **he application** shall comprise:

(a) the single document referred to in Article 8;

(b) the accompanying documentation referred to in Article 9;

(c) declaration by the Member State to which the application was initially addressed,

confirming that the application meets the conditions for registration under this

Regulation;

(d) the ~~electronic publication~~ reference **to the electronic publication** of the product

specification ~~referred to in~~ **published in accordance with** Article ~~7~~ **14(2)** .

**1a.** **An application for direct registration pursuant to Article 15a, as referred to in**

**Article 17(b), shall be submitted to the Office by the applicant and shall comprise the**

**documents listed in Article 6a.**

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2. **In cases referred to in Article 17(c),** ~~Where the~~ ~~**a**~~ **n** application for registration ~~relates to~~

**of** a geographical ~~area~~ **indication concerning a product originating** in a third ~~**-**~~ country

~~the application~~ shall be submitted to the Office ~~,~~ either directly by the applicant ~~producer~~

~~group o~~ r by the competent authority of the third country concerned **, whichever the third**

**country allows** . _(second sentence of Article 18(2) deleted – covered by Article 64(2), in_

_conjunction with Article 17(c))_ The applicant ~~producer group~~ and the competent ~~authorities~~

**authority** of the third country concerned shall be considered ~~a~~ **to be** part ~~y~~ ~~**i**~~ **es** to the

procedure.

**2a.** _(moved from Article 17(3))_ ~~For geographical indications concerning products originating in~~

~~a third country or countries~~ ~~**,**~~ ~~the~~ **An** application for registration ~~is s~~ ubmitted to the Office

**pursuant to paragraph 2** ~~, such application for registration~~ shall comprise:

(a) the product specification referred to in Article 7 ~~together with its publication~~

~~reference;~~

(b) the single document referred to in Article 8;

(c) the accompanying documentation referred to in Article 9;

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

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

**2b.** _(moved from Article 17(4))_ A joint application for registration **as** referred to in Article 6(4)

shall be submitted to the Office by **the competent authority of** one of the Member States

concerned or **, where the cross-border area concerns only third countries,** by the

applicant ~~producer group~~ in a third country, directly or by the competent authority of that

third country. If the cross-border area concerns a ~~ny~~ Member State and a third country, the

joint application shall be submitted by **the competent authority of** the Member State

concerned.

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**2c.** _(moved from Article 17(5))_ ~~The~~ ~~**A**~~ joint application **as** referred to in Article 6(4) shall

include ~~, where relevant~~ **as applicable**, the documents listed in paragraphs 1 **, 1a** and 2 **a** of

this Article, from the Member States or third countries concerned. The related national

**phase of the** procedur ~~e for application, the examination and opposition procedure~~ referred

to in Articles 11, 12 and 13 shall be ~~carried out~~ **conducted** in all the Member States ~~and~~

~~third countries c~~ oncerned **, except where Article 11(4) applies** .

**2d.** _(moved from Article 18(1)_ **The** application shall be submitted electronically, **using the**

digital system **of the Office referred to in Article 64.**

3. Upon submission **of the application**, the Office shall ~~publish the Union application~~ **make**

**it public** in the Union register of geographical indications for craft and industrial products

**(‘the Union register’) referred to in Article 34a** . Th ~~e electronic publication~~ **product**

**specification** referred to in paragraph 1, point (d ~~),~~ shall be kept ~~up to date~~ **updated** . _(last_

_sentence moved from Article 17(2))_

**3a.** _(moved from Article 17(6))_ The Commission shall be empowered to adopt delegated acts

defining procedures and conditions applicable to the preparation and submission of ~~Union~~

applications for registration **at the Union phase** .

**3b.** _(moved from Article 17(7))_ The Commission may adopt implementing acts laying down

detailed rules on procedures, the form and presentation of ~~Union~~ applications for

registration **at the Union phase**, 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 65(2).

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_Article 19_

_**Examination and publication for opposition**_

1. ~~The Office shall examine any~~ **In its examination of an** application for registration ~~that it~~

~~receives~~ **received** under Article ~~17(1)~~ **18** ~~. Such examination~~ ~~**,**~~ **the Office** shall ~~consist of a~~

check that:

(a) there are no manifest errors;

(b) the information provided ~~in accordance with~~ **pursuant to** Articl ~~e 17~~ **18(1), (1a)**

**and (2a), as applicable,** is complete; and

(c) the single document is precise and technical in nature and in accordance with

Article 8.

2. The examination **pursuant to paragraph 1 shall be carried by the Geographical**

**Indication Division referred to in Article 32 and** shall take into account the outcome of

th ~~e preliminary~~ national procedure carried out by the Member State concerned, unless

Article 15 **a** ~~is applied~~ **applies** .

3. The examination ~~carried out~~ pursuant to paragraph 1 shall ~~not exceed a period of 6~~ **be**

**carried out within six** months. ~~Where~~ **In the event that** the examination period exceeds

or is likely to exceed ~~6~~ **six** months, the Office shall inform the applicant **in writing** of the

reasons for the dela ~~y in writing.~~

4. The Office may seek supplementary information from the **competent authority of the**

Member State concerned. If the application is lodged by a **n** ~~producer group~~ **applicant** from

a third country or by the competent authority of a third country, such ~~producer group~~

**applicant** or competent authority shall **be required to** provide supplementary information **,**

where requested ~~to do so~~ by the Office.

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5. When th ~~e Office~~ **Geographical Indication Division** consults the Advisory Board ~~as~~

referred to in Article 33, the applicant shall be notified thereof and the period referred to in

paragraph ~~2~~ **3** of this Article shall be suspended.

6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that

the application is incomplete or incorrect, the Office shall send its observations to the

**competent authority of the** Member State or **,** in **the** case of **a** thir ~~d~~ ~~**-**~~ country application ~~s,~~

to th ~~e relevant producer group~~ **applicant** or competent authority that has submitted the

~~Union~~ application **to the Office**, ~~from where that application originates~~ and request to

complete or ~~to c~~ orrect the application within ~~60 days~~ **two months** . If the Member Stat ~~e,~~ or **,**

in ~~case~~ ~~**t**~~ **he event** of **a** thir ~~d~~ ~~**-**~~ country application ~~s~~, the ~~relevant producer group~~ **applicant** or

competent authority **concerned**, does not complete **or correct** the application within the

deadline, the application shall ~~be considered to be withdrawn, or if not corrected, it shall~~ be

rejected **,** pursuant to Article 24(2). **Upon request, the time limit may be extended by two**

**months.**

7. Where, based on the examination carried out pursuant to paragraph 1, the Office considers

that the conditions laid down in this Regulation are fulfilled, it shall publish **,** for the

purposes of opposition **,** in the Union register **,** ~~of geographical indications for craft and~~

~~industrial products~~ the single document and the reference to the electronic publication of

the product specification **published in accordance with Article 14(2** ~~**)**~~ ~~on the webpage of~~

~~the Member State concerned~~ . The single document shall be published in the official

languages of the Union.

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# ANNEX COMPET.1 EN

_Article 20_

~~_**National cC**_~~ _**hallenge**_ ~~_**to an application**_~~ _**against the decision at national phase**_

1. **The competent authority of the** Member Stat ~~es~~ shall keep the Office informed of any

national administrative and judicial proceedings **against that competent authority’s**

**decision** that may affect the registration of a geographical indication.

2. The Office shall be exempted from the obligation to meet the deadline ~~to perform~~ **for**

**completing** the examination laid down in Article 19 ~~(2~~ **3** ) **,** and ~~to~~ **shall** inform the applicant

of the reasons for the delay, where ~~it receives a communication from~~ ~~**t**~~ **he competent**

**authority of** a Member Stat ~~e, concerning an application for registration in accordance with~~

~~Article 14(1), which~~ :

(a) informs the Office that the decision referred to in Article 14(1) has been invalidated

at national level by an immediately applicable, but not final, **administrative or**

judicial decision; or

(b) requests the Office to suspend the examination because national administrative or

judicial proceedings have been initiated to challenge the validity of the application

~~and the Member State considers that those proceedings are based on valid grounds~~ .

3. _(moved to paragraph 4a)_

4. ~~If~~ ~~**W**~~ **hen** the **administrative or** judicial decision referred to in paragraph 2 has ~~acquired~~

~~the force of~~ ~~_res judicata_~~ **become final**, the **competent authority of the** Member State

shall ~~, as necessary, withdraw or modify the application~~ **inform the Office accordingly** .

**4a.** _(moved from paragraph 3)_ The exemption set out in paragraph 2 shall have effect until the

Office is informed by the **competent authority of the** Member State that the ~~original~~

~~application has been restored or that the Member State withdraws its request~~ **reason** for

**the** suspension **no longer exists** .

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# ANNEX COMPET.1 EN

_Article 21_

_**Opposition and comments procedure**_

1. Within ~~3~~ **three** months from the date of publication of the single document and the

~~reference to the~~ product specification ~~referred to in Article 7~~ in the Union register ~~of~~

~~geographical indications for craft and industrial products~~ ~~**,**~~ an opponent may lodge an

opposition or notice of comment with the Office. The applicant and the opponent shall be

considered ~~a~~ **to be the** part ~~y~~ **ies** to the procedure.

2. An opponent may be the competent ~~authorities~~ **authority** of a Member State, or of a third

country, or a natural or legal person having **a** legitimate interest and established or resident

in a third country or in another Member Stat ~~e that does not qualify as~~ **, except** a national

opponent ~~pursuant to~~ **referred to in** Article 13(1).

3. The Office shall check the admissibility of the opposition **, in accordance with Article 22** .

_(remaining part of this paragraph moved to paragraph 3a)_

**3a.** ~~If~~ ~~**W**~~ **here** the Office considers ~~that~~ the opposition ~~is~~ **to be** admissible, it shall, within ~~60~~

~~days~~ **two months** after ~~the~~ receipt of that opposition, invite the opponent and the applicant

to engage in consultations for a reasonable period not exceeding ~~3~~ **three** months. At any

time during that period, the Office may, at the request of either party, extend the time limit

for the consultations by a maximum of ~~3~~ **three** months. The Office may offer mediation for

the consultations between the applicant and the opponent pursuant to Article 170 of

Regulation (EU) 2017 ~~(~~ ~~**/**~~ 1001 ~~).~~

4. **During the consultation, t** ~~Th~~ e applicant and the opponent shall provide each other ~~during~~

~~the consultation~~ with the relevant information to assess whether the application for

registration complies with the conditions set out in this Regulation.

5. Th ~~e Office~~ **Geographical Indication Division** may at any stage of the opposition

procedure consult the Advisory Board ~~as r~~ eferred to in Article 33, in which case the parties

shall be notified and the period referred to in paragraph ~~2~~ **3a** shall be suspended.

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# ANNEX COMPET.1 EN

6. Within ~~1~~ **one** month from the end of the consultations referred to in paragraph ~~2~~ **3a**, the

applicant ~~established in the third country or the competent authority of the Member State~~

~~or of the third country from which the application for Union registration was lodged shall~~

~~notify the Office of the result~~ **shall communicate the outcome** of the consultations **to the**

**Offic** ~~**e**~~ ~~, whether an agreement was reached with one or all of the opponents, and of any~~

~~consequent changes to the application made by that applicant. The opponent may also~~

~~notify the Office of its position at the end of the consultations.~~

7. Where, following the end of the consultations, the data published in accordance with

Article 19 ~~(6~~ ~~**7**~~ ) have been modified, the Office shall carry out a new examination of the

modified application. Where the application for registration has been modified in a

substantial manner, and the Office considers that the modified application meets the

conditions for registration, it shall publish the modified application **,** in accordance with ~~that~~

~~paragraph~~ **Article 19(7)** .

8. The authorities and persons ~~that may act~~ **eligible to act** as an opponent may lodge **, with**

**the Office,** a notice of comment **as defined in Article 3(k** ~~**)**~~ ~~with the Office~~ . **Such notice**

**shall not be based on the grounds for opposition referred to in Article 22.** The

competent authority or person that lodged a notice of comment shall not be considered to

be a party to the procedure.

9. The Offic ~~e may~~ **shall** share the notice of comment with the applicant ~~and the opponent~~ .

10. In order to facilitate the ~~official submission of comments and to improve~~ management of

the opposition procedure, the Commission may adopt implementing acts laying down ~~the~~

~~necessary~~ rules ~~to provide for~~ **on** the submission of such ~~official~~ comments and specifying

the format and online presentation of ~~oppositions and any~~ **the notice of** comments

~~procedure.~~ Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 65(2).

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# ANNEX COMPET.1 EN

_Article_ _22_

_**Admissibility**_ ~~_**and grounds**_~~ _**for opposition**_

1. An opposition lodged in accordance with Article 21 shall be admissible only if it contains ~~a~~

~~declaration that the application could infringe the conditions laid down in paragraph 2 of~~

~~this Article and give justification in a reasoned statement of opposition drawn up in~~

~~accordance with~~ **all the information specified in** the form set out in Annex ~~3~~ **III, and if it**

**is based on one or more of the following grounds for opposition:** ~~An opposition that~~

~~does not contain the reasoned statement of opposition shall be void.~~

~~Upon opposition, the name for which there has been an application for registration shall~~

~~not be registered, if:~~

(a) th ~~e proposed~~ **requested** geographical indication does not comply with the

requirements for protection laid down in this Regulation;

(b) the registration of the ~~proposed~~ **requested** geographical indication would be contrary

to Articles 37 ~~,~~ **and** 38 or **Article** 39 **(1)** ; **or**

(c) the registration of the ~~proposed~~ **requested** geographical indication would jeopardise

the existence of ~~,~~ an ~~entirely, or partly~~ identical **or similar** name **used in trade** or of a

trade mark, or the existence of products ~~which~~ **that** have been legally on the market

for at least 5 years preceding the date of the publication **of the application** provided

for in Article 18(3).

2. _(moved to paragraph 1)_

3. ~~The admissibility and the grounds of an opposition shall be assessed by the Office in~~

~~relation to the territory of the Union.~~ _(first sentence partly moved to Article 24(5))_ **An**

**opposition that is not admissible in accordance with paragraph 1 shall be rejected.**

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# ANNEX COMPET.1 EN

_Article_ 23

_**Transitional period for the use of a geographical indication**_ ~~_**s**_~~

1. Without prejudice to Article ~~42~~ **39(3) to (7)**, at the time of registration **of the geographical**

**indication**, the Office may decide to grant a transitional period of up to ~~5~~ **five** 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 35, the continued use of ~~that~~

**the** designation, under which they were marketed, provided that an admissible ~~and~~

~~grounded o~~ pposition, under Article 13 or Article 21, to the application for registration of

the geographical indication whose protection is contravened ~~shows~~ **has shown** that:

(a) the registration of the geographical indication would jeopardise the existence of ~~the~~

~~entirely or partially~~ **an** identical **or similar** name **used in trade** 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 date of the publication **of**

**the application** provided for in Article 18(3).

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15

years **in total**, or allow ~~ing~~ continued use for up to 15 years, provided it is additionally

shown that:

(a) the name in the designation referred to in paragraph 1 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 Office;

(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.

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# ANNEX COMPET.1 EN

3. ~~The d~~ ~~**D**~~ ecision **s** granting **or extending** a transitional period **,** **as** referred to in paragraph **s** 1

**and 2,** shall be published in the Union register ~~of geographical indications for craft and~~

~~industrial products.~~

4. When using a designation referred to in paragraph 1, the indication of the country of origin

shall clearly and visibly appear on the labelling.

5. ~~To overcome temporary difficulties with~~ **With a view to** the long-term objective of

ensuring that all producers of a product ~~designated under~~ **protected by** 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~~ **ten** years ~~, with~~

**taking** effect from the date on which the application is lodged with the Office, provided

that the operators concerned have legally marketed the products in question, using the

names concerned continuously for at least ~~5~~ **five** years preceding the lodging of the

application to the **competent** ~~authorities~~ ~~**a**~~ **uthority** of that Member State and have referred

to that fact in the national opposition procedure referred to in Article 13.

6. Paragraph 5 **, with the exception of the need to have raised the use of the name in the**

**national opposition procedure,** shall apply **,** _mutatis mutandis_ **,** to a geographical

indication referring to a geographical area situated in a third countr ~~y, with the exception of~~

~~the opposition procedure~~ .

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# ANNEX COMPET.1 EN

_Article_ 24

_**Decision**_ ~~_**s by**_~~ _**of the Office on the application for registration**_

1. _(deleted)_

2. Where, on the basis of the information available to the Office from the examination carried

out pursuant to Article 19, the Office considers that any of the requirements referred to in

that Article is not fulfilled, it shall ~~adopt a decision r~~ eject ~~ing~~ the application for

registration.

3. Where **,** ~~the application meets the requirements laid down in Article 17 and~~ **on the basis of**

**the information available to the Office from the examination carried out pursuant to**

**Article 19,** the Office **considers that the requirements of this Regulation are met and**

~~receives n~~ o admissible ~~and grounded o~~ pposition **is received**, the Office shall ~~adopt a~~

~~decision~~ registe ~~ring~~ th ~~e name~~ **geographical indication** .

4. Where the Office receives an admissible ~~and grounded o~~ pposition, and following the

consultations referred to in Article 21(3 **a** ) an agreement has been reached, the Office, after

checking that the agreement complies with Union law, shall ~~adopt a decision~~ registe ~~ring~~

th ~~e name~~ **geographical indication** . If necessary, in ~~case~~ **the event** o ~~f standard~~ **non-**

**substantial** amendments referred to in Article 28(2), point (b), the Office shall ~~adopt a~~

~~decision a~~ men ~~ding~~ the information published pursuant to Article 19 ~~(6~~ ~~**7**~~ ).

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# ANNEX COMPET.1 EN

5. Where an admissible ~~and grounded o~~ pposition ~~had~~ ~~**h**~~ **as** been received **,** but no agreement

has been reached following the consultations referred to in Article 21(3 **a** ), the Office shall

**-**
**examine whether the opposition is well** **founded. The Office shall assess the grounds**

**for opposition in relation to the territory of the Union. Based on this assessment, the**

**Office shall either** ~~adopt a decision on registration~~ **reject the opposition and register the**

**name protected as a geographical indication** ~~**name,**~~ **or reject the application** .

6. Decisions **of the Office** on registration made pursuant to paragraphs 3 to 5 ~~adopted by the~~

~~Office s~~ hall ~~provide~~, where appropriate, **specify** ~~for~~ any conditions applicable to the

**-**
registration and **, in the event of any necessary amendments that are non** **substantial,**

~~for the republication~~ **republish,** for information purposes **,** ~~of~~ the information **already**

published ~~for opposition~~ **in the Union register** pursuant to Article 19(7) ~~in the Union~~

~~register of geographical indications, in case of any necessary amendments that are not~~

~~substantial.~~

7. Decisions adopted by the Office shall be published in the Union register ~~of geographical~~

~~indications for craft and industrial products~~ in ~~all~~ the official languages of the Union. The

~~reference to the name of the product, class of the product, indications of the country or~~

~~countries of origin and the~~ reference to the decision published in the Union register ~~of~~

~~geographical indications for craft and industrial products s~~ hall be published **in the official**

**languages of the Union** in the _Official Journal of the European Union_ .

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# ANNEX COMPET.1 EN

_Article_ 25

_**Decision**_ ~~_**by**_~~ _**of the Commission**_

1. Concerning applications for registration referred to in Article 17, the Commission may

take over from the Office, at any time before the end of the procedure, on its own initiative,

~~on the initiative of a~~ **or at the request of the competent authority of a** Member State or

**of** the Office, the power to decide on the application for registration of ~~the proposed~~ **a**

geographical indication where such ~~decision~~ **registration of the requested geographical**

**indication** ~~may jeopardise the~~ **might be contrary to** publi ~~c interest~~ **policy**, or **its**

**registration or rejection might jeopardise** the Union’s trade or external relations. _(last_

_two sentences of this paragraph moved to paragraph 1a and 1b)_

**1a.** **Where, pursuant to paragraph 1 the Commission has taken over the procedure,** ~~The~~

**the** Office shall ~~submit a proposal to~~ **provide** the Commission **with a draft** fo ~~r a~~ **the**

decision ~~pursuant to~~ **referred to in paragraphs 2 to 6 of** Article 24 ~~(2) to 24(6)~~ .

**1b.** The Commission shall adopt **any decision to take over the procedure, as referred to in**

**paragraph 1, and** ~~the final act~~ ~~**a**~~ **ny decisions** on the application for registration **, as**

**referred to in paragraph 1a, by means of an implementing act. Those implementing**

**acts shall be adopted in accordance with the examination procedure referred to in**

**Article 65(2) and shall be published in the Union register referred to in Article 34a.**

**1c.** ~~This p~~ ~~**P**~~ aragraph **s 1, 1a and 1b** ~~**a**~~ shall apply **,** _mutatis mutandis_ **,** to the cancellation **of a**

**geographical indication** and ~~the~~ ~~**a**~~ **ny** amendment ~~of~~ **to** the product specification.

**1d.** _(moved from paragraph 3)_ **For the purposes of paragraph 1, 1a and 1b, t** ~~Th~~ e Office

shall ensure that the Commission has access **, through the digital system referred to in**

**Article 64,** to ~~the d~~ ocuments concerning ~~the a~~ pplications for registration, any amendment **s**

~~of~~ **to** the product specification and cancellation **s** ~~through the digital system referred to in~~

~~Article 18(1) and Article 26(1)~~ .

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# ANNEX COMPET.1 EN

2. ~~In situations referred to in paragraph 1 of this Article, t~~ ~~**T**~~ he Commission shall adopt

implementing acts ~~on~~ ~~**s**~~ **etting out** the **procedures applicable to the situations referred to**

**in paragraph 1** ~~protection of the geographical indication~~ . Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 65(2 ~~) and~~

~~shall be published in the~~ ~~_Official Journal of the European Union_~~ ~~and in the Union register~~

~~of geographical indications for craft and industrial products.~~

3. _(moved to paragraph 1d.)_

_Article 26_

~~_**The Union register of geographical indications for craft and industrial products**_~~

_–_
_(deleted_ _moved to Artcile 34a)_

_Article 27_

~~_**Extracts from the Union register of geographical indications for craft and industrial products**_~~

_–_
_(deleted_ _moved to Artcile 34b)_

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# ANNEX COMPET.1 EN

_Article 28_

_**Amendments to a product specification**_

1. **The applicant in whose name the geographical indication has been registered, or** ~~A~~ ~~**a**~~

producer group **or producer** having a legitimate interest **,** ma ~~y apply for~~ **request** 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~~ ~~**s**~~ **ubstantial** amendments **as referred to in paragraph 3**, requiring an

opposition procedure at the Union level ~~,~~ ~~**;**~~ and

(b) ~~standard~~ ~~**n**~~ **on-substantial** amendments **,** to be dealt with at Member State or third ~~**-**~~

country level.

3. An amendment shall be considered a ~~Union~~ **substantial** amendment if it concerns a

revision of the single document and if any of the following conditions are met:

(a) the amendment includes a change in the name **of the geographical indication**, or in

the use of the nam ~~e,~~ ~~**;**~~

(b) the amendment risks ~~voiding~~ ~~**u**~~ **ndermining** the link to the geographical area referred

to in the single document ~~,~~ ~~**;**~~ **or**

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

4. **In the examination of substantial amendments, the steps of the national and Union**

**phase as set out in Articles 6, 12 to 15, and Articles 19 to 25 shall apply** _**mutatis**_

_**mutandis**_ **. Decisions on** ~~Union~~ ~~**s**~~ **ubstantial** amendments shall b ~~e approved~~ **taken** by the

Office or, where Article 25 applies, the Commission. ~~The approval procedure shall follow~~

~~_mutatis mutandis_~~ ~~the procedure and publication requirements laid down in Articles 6 to 25~~ .

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# ANNEX COMPET.1 EN

5. An ~~y other~~ amendment to the product specification of a registered geographical indication **,**

~~that is not a Union amendment in accordance with~~ ~~**o**~~ **ther than those referred to in**

paragraph 3, shall be considered ~~as a standard~~ **a non-substantial** amendment ~~.~~ ~~**,**~~ **which shall**

**fall within the competence of the Member States or third countries in whose territory**

**-**
**the product originates. Non** **substantial amendments, once approved, shall be**

**communicated to the Office. Where Article 15a applies, non-substantial amendments**

**shall be approved by the Office.**

6. ~~Applications~~ ~~**R**~~ **equests** for amendments referred to in paragraph 2 submitted by **the**

**competent authority of** a third country or by producers established in a third country shall

contain proof that the requested amendment complies with the laws on the protection of

geographical indications in force in that third country.

7. ~~If an application for a Union~~ **Where a request for a substantial** amendment concerning a

geographical indication of a Member State also relates to ~~standard~~ **non-substantial**

amendments, ~~the Office shall examine~~ **only** th ~~e Union~~ **substantial** amendments ~~only~~ **shall**

**be examined in accordance with paragraph 4** . ~~Any standard amendments shall be~~

~~deemed as not having been submitted. The examination of such applications shall focus on~~

~~the proposed Union amendments.~~ _(deleted last sentence moved to paragraph 7a)_

**7a.** _(moved from paragraph 7)_ Where appropriate, the **competent authority of the**

Member State concerned or the Office may invite the applicant **in whose name the**

**geographical indication has been registered** to modify other elements of the product

specification ~~s~~ .

8. ~~Standard amendments shall be approved by Member States or third countries in whose~~

~~territory the geographical area of the product concerned is located. Such amendments shall~~

~~be communicated to the Office. Where Article 25 applies, the Office shall approve the~~

~~standard amendments. The Office shall make those~~ ~~**S**~~ **ubstantial and non-substantial**

amendments **, once approved, shall be made** public **by the Office** in the Union register ~~of~~

~~geographical indications for craft and industrial products.~~

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# ANNEX COMPET.1 EN

9. The Commission may adopt implementing acts laying down detailed rules on procedures,

form and presentation of an amendment application for ~~Union~~ **substantial** amendment and

on procedures, form and communication of ~~standard~~ **non-substantial** amendments to the

Office. Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 65(2).

_Article 29_

_**Cancellation of the registration**_

1. ~~The Office may, own 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,~~

~~decide to cancel the registration of a geographical indication~~ ~~**A**~~ **registered geographical**

**indication may be cancelled** ~~in the following cases~~ ~~**,**~~ **where** :

(a) ~~where c~~ ompliance with the requirements for the product specification can no longer

be ensured;

(b) ~~where n~~ o product has been placed on the market under the geographical indication

for ~~at least a~~ consecutive period of **at least seven** ~~7 y~~ ear ~~s.~~ ~~**;**~~ **or**

**(c)** **it was registered in breach of Article 37(1), Article 38(1) or (2), or Article 39(1).**

2. ~~The Office may, at the request of the producer group of the product marketed under the~~

~~registered name, decide to cancel the corresponding registration.~~ ~~**A**~~ **geographical**

**indication may also be cancelled at the request of the applicant in whose name the**

**geographical indication has been registered.**

**2a.** **A request for cancellation pursuant to paragraph 1 may be submitted by the**

**competent authority of a Member State, a third country or a natural or legal person**

**having a legitimate interest.**

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# ANNEX COMPET.1 EN

**2b.** **The Commission or the Office may initiate a cancellation procedure on its own**

**initiative, on the basis of the grounds set out in points (a) and (b) of paragraph 1.**

3. **The steps of the national and Union phase as set out in** Article **s** 6 **, 12 to 14, 15a**, and

~~Articles 1~~ 9 to 25 shall apply **,** _mutatis mutandis_ **,** ~~to the cancellation procedure~~ **to the**

**cancellation procedure** .

4. Before deciding to cancel the registration of a geographical indication, the Office shall

~~consult the competent authority of the Member State~~ ~~**,**~~ **in the cases referred to in**

**paragraphs 2a and 2b, inform the applicant in whose name the geographical**

**-**
**indication has been registered. Before deciding to cancel the registration of a third**

**country geographical indication, the Office shall consult** the competent authorities of

the third country **concerned** ~~or, where possible, the third country producer group which~~

~~had applied for the registration of the geographical indication concerned, unless the~~

~~cancellation is directly requested by the original applicants.~~ If the geographical indication

was registered pursuant to Article 15 **a**, th ~~e Office~~ **Geographical Indication Division** ~~shall~~

**may** consult the Advisory Board referred to in Article 33 **and the single point of contact**

**referred to in Article 15(6) of the Member State concerned** .

**4a.** **The Union register shall be updated accordingly when a geographical indication is**

**cancelled.**

**4b.** **This Article shall not apply to third-country geographical indications that are**

**protected in the Union under the Geneva Act or under another international**

**agreement to which the Union is a contracting party.**

5. The Commission ~~may~~ **shall** adopt implementing acts laying down detailed rules on

procedures and form of the cancellation process, as well as on the presentation of the

requests referred to in paragraphs 1 and 2 of this Article. Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 65(2).

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# ANNEX COMPET.1 EN

_Article 30_

_**Appeal**_

1. Any party to a procedure regulated in this Regulation that is adversely affected by ~~the~~ ~~**a**~~

decision taken by the Office in that procedure may lodge an appeal to the Boards of Appeal

referred to in Article 34 against the decision. _(second and third sentences moved to_

_paragraph 1a)_ Member States shall ~~also h~~ ave the right to join the **appeal** procedure.

**1a.** _(moved from pargarpah 1)_ The filing of the appeal shall have suspensive effect. ~~The~~

~~appealed~~ ~~**A**~~ decision ~~s~~ of the Office **that has not been contested** shall take effect ~~only as~~

~~from the~~ **on the day following the** date o ~~f expiration~~ **expiry** of the appeal period referred

to in paragraph 3.

2. A decision ~~which~~ **that** does not terminate proceedings as regards one of the parties shall

only be appealed together with the final decision.

3. ~~Notice~~ ~~**T**~~ **he notice** of appeal shall be filed in writin ~~g at~~ ~~**w**~~ **ith** the Office within ~~2~~ **two**

months of the date of publication of the decision. The notice shall be deemed to ~~be h~~ ave

been filed only when the fee for appeal has been paid. In ~~case~~ **the event** of an appeal, a

written statement setting out the grounds of appeal shall be filed within ~~4~~ **four** months of

the date of publication of the decision.

4. ~~The Boards of Appeal shall examine whether the appeal is admissible.~~ ~~_(_~~ _covered by_

_paragraph 5)_

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# ANNEX COMPET.1 EN

5. Following an examination of admissibility of the appeal, the Boards of Appeal shall decide

on the **merits of the** appeal. The Boards of Appeal shall either exercise any power within

the competence of the ~~g~~ ~~**G**~~ eographical ~~i~~ **I** ndications ~~d~~ ~~**D**~~ ivision **referred to in Article 32,**

which was responsible for the **contested** decision ~~appealed~~ ~~**,**~~ or remit the case to that

~~g~~ ~~**G**~~ eographical ~~i~~ ~~**I**~~ ndication **s** ~~d~~ ~~**D**~~ ivision ~~for further prosecution.~~ The Boards of Appeal may,

on ~~its~~ ~~**t**~~ **heir** own initiative or upon the written, reasoned request of a party, consult the

Advisory Board as referred to in Article 33. The Office may offer mediation services

pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties

reach an amicable settlement.

6. Actions may be brought before the General Court **of the European Union** against

decisions of the Boards of Appeal in relation to appeals, within two months of the date of

~~publication~~ ~~**n**~~ **otification** of the decision of the Boards of Appeal, on grounds of

infringement of an essential procedural requirement, infringement of the ~~TFEU~~ **Treaty on**

**the Functioning of the European Union**, infringement of this Regulation or of any rule of

law relating to their application or misuse of power. The action shall be open to any party

to **the** proceedings before the Boards of Appeal adversely affected by its decision and to

any Member State. The General Court shall have jurisdiction to annul or to alter the

contested decision.

7. The decisions of the Boards of Appeal shall take effect ~~only as from~~ **on the day following**

the date of expiry of the ~~appeal p~~ eriod **referred to in paragraph 6** or, if an action has been

brought before the General Court within that period, as from the date **following the day** of

dismissal of such action or **of dismissal** of any appeal filed with the Court of Justice **of the**

**European Union** against the decision of the General Court. **The Office shall take the**

**necessary measures to comply with the judgement of the General Court or, in the**

**event of an appeal against that judgement, the Court of Justice.**

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8. The Commission is empowered to adopt delegated acts ~~in accordance with Article 66 to~~

supplement **ing** this Regulation by specifying:

(a) the content of the notice of appeal referred to in paragraph 3 and the procedure for

the filing and the examination of an appeal **;** and

(b) the content and the form of the Board **s** of Appeal’s decisions as referred to in

paragraph 5.

_Article 31_

~~_**Establishment of a domain name information and alert system**_~~

_(deleted)_

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### **S ECTION 2** **O RGANISATION AND TASKS OF THE O FFICE IN RELATION TO THE GEOGRAPHICAL**

~~**INDICATIONS**~~

_Article 32_

_**Geographical Indications Division for craft and industrial products**_

1. A Geographical Indications Division **for craft and industrial products (‘the**

**Geographical Indications Division’)** ~~, as a department of~~ ~~**s**~~ **hall be established within** the

Offic ~~e,~~ ~~**.**~~ **That Division** shall be responsible for taking decisions ~~on behalf of the Office~~ in

relation to:

(a) an application for registration of a geographical indication;

(b) an application for amendment ~~of~~ **to** a geographical indication;

(c) an opposition to an application to register or amend a geographical indication;

(d) entries in the Union register ~~of geographical indication for craft and industrial~~

~~products;~~

(e) requests for cancellation of a geographical indication.

2. _(deleted)_

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_Article 33_

~~_**Geographical Indications A**_~~ _**dvisory Board**_

1. An Advisory Board ~~is~~ **shall be** set up to deliver an opinion where provided for in this

Regulation.

2. The Geographical Indications Division and the Boards of Appeal as referred to in

Article 32 and 34 may, and, at the request of the Commission shall, consult the Advisory

Board **on questions** concerning **an** ~~individual a~~ pplication ~~s~~ at any stage of the examination,

opposition o ~~r the~~ appeal procedure as referred to in Articles 19, 21 **, 22, 24, 28, 29** and 30 **.**

**The Advisory Board may also be consulted** ~~as well as concerning the following~~ **on**

**horizontal** matters **, such as** :

(a) the assessment of the quality criteria;

(b) the establishment of reputation ~~and renown~~ **of the geographical indication** ;

(c) the determination of the generic nature of the name **of the geographical indication** ;

(d) ~~the assessment of fair competition in commercial transactions and~~ the risk of

confusing consumers in cases of conflict between geographical indications and trade

marks, homonyms or existing products ~~which~~ **that** are legally marketed.

3. The Geographical Indications Division **referred to in Article 32** and **, as applicable,** the

Boards of Appeal **referred in Article 34,** ~~shall~~ ~~**m**~~ **ay** consult the Advisory Board

concerning the possible registration of ~~all individual a~~ pplications submitted through the

direct registration procedure referred to in Article 15 **a** .

4. The opinions of the Advisory Board shall not be binding on the Geographical Indications

Division and the Boards of Appeal.

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5. The Advisory Board shall be composed of one representative of each Member State and

one representativ ~~es~~ of the Commission and their respective alternates.

6. The opinion of the Advisory Board shall be delivered in a panel of three members.

7. The Office shall make public the list of members of the Advisory Board on its website and

shall keep that list up-to-date.

8. Procedures concerning the appointment of the members of the Advisory Board and its

operation shall be specified in its rules of procedures as approved by the Management

Board **instituted by Article 153 of Regulation (EU) 2017/1001,** and shall be made public.

9. The mandates of members of the Advisory Board shall be up to ~~5~~ **five** years. Those

mandates may be renewable.

10. The Office shall provide the logistic support necessary for the Advisory Board and provide

a secretariat for its meetings.

_Article 34_

_**Boards of Appeal**_

~~In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the~~ ~~**T**~~ **he**

Boards of Appeal instituted b ~~y that~~ **Article 165 of** Regulation **(EU) 2017/1001** shall be responsible

for deciding on appeals ~~from~~ **against** decisions ~~of the Geographical Indications Division as regards~~

~~their decisions concerning geographical indications subject to Article 28 of~~ **adopted by the Office**

**under** this Regulation.

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_**(new) Article 34a**_

~~_**The U**_~~ _**nion register of geographical indications for craft and industrial products**_

_(ex Article 26)_

1. A publicly accessible electronic Union register ~~of geographical indications for craft and~~

~~industrial products~~ shall be developed, kept and maintained by the Office for ~~the~~

~~management of g~~ eographical indications for craft and industrial products.

2. ~~Each geographical indication of craft and industrial products shall be identified in the~~

~~Union register of geographical indications for craft and industrial products as a ‘protected~~

~~geographical indication’.~~ **The Union register shall contain the entries referred to in this**

**Regulation.**

3. Upon the entry into force of a decision registering a ~~protected g~~ eographical indication **in**

**accordance with Article 24 or 25**, the Office shall ~~record~~ **enter** the following data in the

Union registe ~~r of geographical indications for craft and industrial products~~ :

(a) the ~~registered~~ name of th ~~e product~~ **geographical indication registered as a**

**‘protected geographical indication’** ;

(b) th ~~e class of the~~ product **type** ;

**(ba)** **the name of the applicant in whose name the geographical indication is**

**registered;**

(c) the reference to the **legal** ~~instrument~~ **act** registering the name **of the geographical**

**indication** ;

(d) ~~indication of~~ the country or countries of origin **of the geographical indication** .

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4. Geographical indications concerning **craft and industrial** products from third countries

that are protected in the Union under ~~an international agreement to which the Union is a~~

~~contracting party~~ **the Geneva Act following a decision in accordance with Article 7 of**

**Regulation (EU) 2019/1753** shall be entered in the Union register ~~of geographical~~

~~indications for craft and industrial products~~ . _(Second sentence moved to paragraph 4a)_

**4a.** _(Moved from paragraph 4)_ Geographical indications ~~other than those~~ ~~**c**~~ **oncerning craft**

**and industrial products from third countries that are** protected in the Union **under an**

**international agreement – other than the Geneva Act – to which the Union is a**

**contracting part** ~~**y**~~ ~~pursuant to Article 7 Regulation (EU) 2019/1753,~~ shall ~~be registered by~~

~~means~~ **be entered in the Union register on the basis** of implementing acts adopted by the

Commission in accordance with the examination procedure referred to in Article 65(2).

5. Each geographical indication shall be entered in the Union register ~~of geographical~~

~~indications for craft and industrial products~~ 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

registe ~~r of geographical indications for craft and industrial products~~ and shall have equal

status.

6. _(moved to Article 34c(2))_

7. The Office 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~~ **the event** of cancellation for ~~10~~ **ten** years thereafter.

**7a.** **The running costs of the register shall be covered by the Office’s operational budget.**

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8. The Commission ~~may~~ **shall** adopt implementing acts ~~defining the content~~ **setting out the**

**IT architecture** and presentation of the Union register ~~of geographical indications for craft~~

~~and industrial products~~ . Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 65(2).

_**(new) Article 34b**_

_**Extracts from the Union register**_ ~~_**of geographical indications for craft and industrial products**_~~

_(moved from Article 27)_

1. The Office shall ensure that any person ~~is able~~ **has the possibility** to download ~~an official~~

~~extract f~~ rom the Union register ~~of geographical indications for craft and industrial products~~

**an official extract** 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. The official extract may be used as an authentic certificate

~~in legal proceedings, in a court of law, in a court of arbitration or similar body~~ .

2. _(deleted)_

3. The Commission ~~may~~ **shall** adopt implementing acts defining the format and online

presentation of extracts from the Union register ~~of geographical indications for craft and~~

~~industrial products.~~ Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 65(2).

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_**(new) Article 34c**_

_**Technical**_ ~~_**assistance of the Office**_~~ _**support**_

_(moved from Article 62)_

**1.** **Upon request by the** ~~The C~~ ommission **, the Office shall carry out** ~~shall be empowered to~~

~~adopt delegated acts supplementing this Regulation by rules on entrusting the Office with~~

the examination **of,** and ~~other~~ ~~**r**~~ **elated** administrative tasks **pertaining to,** ~~concerning t~~ hird

**-** country geographical indications for craft and industrial products ~~**:**~~ ~~, other than~~

~~geographical indications under the Geneva Act of the Lisbon Agreement on Appellations~~

~~of Origin and Geographical Indications.~~

**(a)** **protected or** proposed for protection ~~pursuant to international negotiations or~~ ~~**u**~~ **nder**

**an** international agreement ~~s~~ **to which the Union is a party, other than the Geneva**

**Act; or**

**(b)** **proposed for protection under an international agreement under negotiation by**

**the Union** .

**2.** _(moved from Article 26(6))_ **On the basis of information received from** ~~T~~ ~~**t**~~ he

Commission **, the Office** shall make public, and regularly update **,** ~~both~~ the list of the

international agreements ~~referred to in paragraph 2~~ ~~**p**~~ **rotecting geographical indications**

**for craft and industrial products to which the Union is a contracting party,** ~~and~~ ~~**a**~~ **s**

**well as** the list of geographical indications protected under those agreements.

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## **TITLE III** **PROTECTION OF GEOGRAPHICAL INDICATIONS**

_Article 35_

_**Protection of geographical indications**_

1. Geographical indications entered in the Union register ~~of geographical indications for craft~~

~~and industrial products~~ 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 ~~identical or similar~~

**comparable** to the products ~~registered~~ **protected** ~~under that~~ **by the** geographical

indication **,** or where use of the name exploits, weakens, dilutes ~~,~~ or is detrimental to

the reputation of ~~,~~ the protected geographical indication;

(b) any misuse, imitation or evocation, even if the true origin of the products or services

is indicated or if the protected geographical indication is translated or accompanied

by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’,

‘flavour’, ‘like’ or similar;

(c) any other false or misleading indication as to the provenance, origin, nature or

essential qualities of the product that is used on the inner or outer packaging, **on**

advertising material **s**, **in** documents or information provided on ~~websites~~ **online**

**interfaces** relating to the product ~~s,~~ ~~and~~ ~~**a**~~ **s well as** the packing of the product ~~s~~ in a

container liable to convey a false impression as to their origin;

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

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2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall

be deemed to arise, in particular, where a term, sign, or other labelling or packaging device

presents a **sufficiently** direct and clear link with the product covered by the registered

geographical indication in the mind of the **average European consumer who is**

reasonably **well-informed and reasonably observant and** 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.~~ **The protection of geographical indications shall also apply to**

**any use of a domain name that is in breach of paragraph 1.**

4. The protection referred to in paragraph 1 shall also apply 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 producer group or any producer that is entitled to use the 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 contrary to paragraph 1.

6. Geographical indications protected under this Regulation shall not become generic within

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 in

paragraph 1, points (a) and (b).

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_Article 36_

_**Parts or components in manufactured products**_

1. Article 35 is without prejudice to the use of a geographical indication by producers **,** in

conformity with Article 43 **,** to indicate that a manufactured product contains, as a part or

component, a product designated by that geographical indication **,** provided that such use is

made in accordance with honest commercial practices and does not **exploit,** weaken,

dilute, or is not detrimental to, the reputation of the geographical indication.

2. The geographical indication designating a product’s part or component shall not be used in

the sales designation of the manufactured product, except ~~in cases of agreement with a~~

~~producer group or, in situations referred to in Article 6(3), a single producer~~ **where the**

**applicant in whose name the geographical indication has been registered has given its**

**agreement to such use** .

_Article 37_

_**Generic terms**_

1. **A** ~~G~~ ~~**g**~~ eneric term ~~s~~ shall not be registered as a geographical indication.

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 areas of consumption;

(b) the relevant Union or national legal acts.

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_Article 38_

~~_**Homonymous geographical indications**_~~ _**Homonyms**_

1. A geographical indication that has been applied for after a wholly or partly homonymous

~~geographical indication had~~ **name has** been applied for or protected **as a geographical**

**indication** 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~~ **names**, taking into account the need to ensure equitable

treatment of the producers concerned and **the need to ensure** that consumers are not

misled as to the true identity or geographical origin of the products.

2. A wholly or partly homonymous name ~~which~~ **that is liable to** mislead ~~s~~ 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 purpose of this Article, a geographical indication applied for or protected in the

Union refers to:

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

~~indications for craft and industrial products~~ ;

(b) geographical indications that have been applied for **,** provided that they are

subsequently entered in the Union register ~~of geographical indications for craft and~~

~~industrial products~~ ;

(c) appellations of origin and geographical indications protected in the Union pursuant to

~~the R~~ egulation (EU) 2019/1753 **[30]** ; 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.

**30** 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 ~~–11)~~ .

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4. The Office shall cancel **, pursuant to Article 29(1)(c), any** geographical indication ~~s~~ **that**

**has been** registered in breach of paragraphs 1 and 2 **, after having informed the applicant**

**in whose name the geographical indication has been registered** .

_Article 39_

_**Relationship between geographical indications and**_ ~~_**Tt**_~~ _**rade marks**_

_(integrates most of former Article 42)_

**1.** ~~A name shall not be registered as~~ **An application for the registration of** a geographical

indication **shall be rejected** where, in the light of a trade mark ~~’s~~ **with a** reputation ~~and~~ ~~**o**~~ **r**

~~renown~~ ~~**a**~~ **well-known mark**, ~~registration of t~~ he name proposed as a geographical

indication ~~could~~ **would be liable to** mislead the consumer as to the true identity of the

product.

**2.** **The Office shall cancel, pursuant to Article 29(1)(c), any geographical indication that**

**has been registered in breach of paragraph 1, after having informed the applicant in**

**whose name the geographical indication has been registered.**

**3.** _(moved from Article 42(1))_ **An application for** ~~Tt~~ he registration of a trade mark **,** the use of

which would contravene Article 35 **,** shall be rejected if ~~the~~ **this** application ~~for registration~~

~~of the trade mark~~ is submitted after the dat ~~e of submission to the Office of~~ **on which** the

application for the registration of the geographical indication **has been submitted to the**

**Office** .

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**4.** _(moved from Article 42(2))_ The Office and, ~~when~~ **as** applicable, the **national** competent

~~national a~~ uthorities shall **, upon request,** invalidate trade marks registered in breach of

paragraph ~~1~~ **3** .

**5.** _(moved from Article 42(4))_ Without prejudice to paragraph ~~2~~ **4** of this Article, a trade

mark **,** the use of which contravenes Article 35, 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 Office, may continue to be

used and renewed notwithstanding the registration of ~~a~~ **the** geographical indication,

provided that no grounds for invalidity or revocation of the trade mark exist under

Directive (EU) 2015/2436 **[31]** of the European Parliament and of the Council or Regulation

(EU) 2017/1001. In such cases, the use of the geographical indication and that of the

relevant trade mark shall be permitted.

**6.** _(moved from Article 42(5))_ 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 **and packaging devices**, together with the geographical

indication.

**31** Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December
2015 to approximate the laws of the Member States relating to trade marks (OJ L 336,
23.12.2015, p. 1).

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_Article 40_

_**Producer groups**_

1. ~~Member States shall verify that the producer~~ ~~**P**~~ **roducer** group **s** **shall** operat ~~es~~ in a

transparent **, open** and ~~democratic~~ ~~**n**~~ **on-discriminatory** manner **,** ~~and that~~ **allowing** all

producers of the product designated by the geographical indication **to** ~~enjoy right of~~

~~membership in~~ ~~**j**~~ **oin** the group **at any point in time** . Member States may provide that

publi ~~c officials~~ **bodies**, and other stakeholders such as consumer groups, retailers and

suppliers, **may** also participate in the work of the producer group.

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

**tasks** :

(a) develop **and amend** the product specification and ~~manage~~ **set up** internal ~~controls~~

**compliance checks** that ensure compliance of production steps **with the product**

**specification** of **the** product designated by the geographical indication ~~with that~~

~~specification;~~

(b) take legal action to ensure the protection of the geographical indication and of ~~the~~

**any other** intellectual property right ~~s~~ that ~~are~~ **is** directly connected with ~~it~~ **the**

**product** ;

(c) agree sustainability undertakings, whether or not included in the product

specification or as a separate initiative ~~, including arrangements for verification of~~

~~compliance with these undertakings and assuring adequate publicity for them in~~

~~particular in an information system provided by the Commission;~~

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(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 **to consumers** the attributes of the product designated by a

geographical indication ~~to consumers;~~

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

production, technical characteristics 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~~ ; ~~and~~

(e) combat counterfeiting and suspected fraudulent uses ~~on~~ **in** the internal market of a

geographical indication that is not in compliance with the product specification by

monitoring the use of the geographical indication across the internal market and ~~on~~

**in** thir ~~d~~ ~~**-**~~ countr **y** ~~ies’~~ markets where the geographical indications are protected,

including on ~~the internet~~ **online interfaces**, and, as necessary, **by** informing

enforcement authorities ~~using confidential systems available.~~

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_Article 41_

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

_–_
_(deleted_ _partly moved to recital (33))_

_Article 42_

~~_**Conflicting trade marks**_~~

_(moved to Article 39, except for Article 42(3), which has been integrated into Article 67(2a) and_

_recital (31))_

_Article 43_

~~_**Right to use**_~~

1. _(moved to Article 46(1))_

2. _(deleted)_

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_Article 44_

_**Union symbol, indication, abbreviation**_

1. The Union symbol established for ‘protected geographical indications’ under Commission

Delegated Regulation (EU) 664/2014 **[32]** shall be applicable to geographical indications for

craft and industrial products.

2. ~~In the case of~~ ~~**F**~~ **or** craft and industrial products originating in the Union that are marketed

under a geographical indication, the Union symbol referred to in paragraph 1 may appear

on the labelling and advertising material. The geographical indication shall be in the same

field of vision as the Union symbol.

3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’

may appear on the labelling of products designated by a geographical indication of craft

and industrial products.

4. Indications, abbreviations and Union symbols may be used in the labelling and advertising

materials of manufactured products when the geographical indication refers to a part or

component thereof. In that case, the indication, abbreviation or Union symbol shall be

placed next to the name of the part or component that is clearly identified as a part or

component. The Union symbol shall not be placed in a manner that suggests to the

consumer that **it is** the manufactured product **,** rather than the part or component ~~**,**~~ **that** is ~~the~~

~~object of registration~~ **protected as a geographical indication** .

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

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5. After the submission of a **n** ~~Union~~ application for ~~the~~ registration of a geographical

indication **at Union level**, producers may indicate on the labellin ~~g,~~ and in the presentation ~~,~~

of the product that an application has been filed in ~~compliance~~ ~~**a**~~ **ccordance** with Union

law.

6. The Union symbol indicating the protected geographical indication and the Union

indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may

appear on the labelling only after the publication of the decision on registration in

accordance with Articles 24 **(7)** ~~and~~ ~~**o**~~ **r** 25 **(2), as applicable** .

7. Where an application is rejected, any products labelled in accordance with paragraph ~~4~~ **5**

may be marketed until the stocks are exhausted.

8. The following may also appear on the labelling:

(a) depictions of the geographical area of origin, as referred to in the product

specification; and

(b) text, graphics or symbols referring to the Member State or the region in which that

geographical area of origin is located.

9. The Union symbol associated with a geographical indication entered in the Union

~~R~~ ~~**r**~~ egiste ~~r of geographical indications for craft and industrial products~~ designating **a** craft

and industrial product originating in **a** thir ~~d countries~~ **country**, may appear on the ~~product~~

labelling and advertising material **of the product**, in which case the symbol shall be used

in conformity with paragraph 2.

10. The Commission may adopt implementing acts specifying the technical characteristics of

the Union symbol and indication as well as the rules concerning their use on ~~the~~ products

marketed under a registered geographical indication, including rules concerning the

appropriate linguistic versions to be used. These implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 65(2).

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## **TITLE IV** **CONTROLS AND ENFORCEMENT**

_**(new) Article 44a**_

_**Scope**_

**1.** **This Title covers controls of geographical indications** ~~**of**~~ **for craft and industrial**

**products.**

**2.** _(partly taken from Article 45(1))_ ~~Member States shall designate the competent authorities~~

~~responsible for official controls to verify compliance with this Regulation. Those controls~~

**Controls** shall include the following:

(a) verification that a product designated by a geographical indication ~~has been produced~~

~~in conformity~~ **is in compliance** with the corresponding product specification;

(b) monitoring of the use of geographical indications in the market ~~place~~ .

_Article 45_

_**Designation of competent authorities**_

1. Member States shall designate ~~the~~ ~~**o**~~ **ne or more** competent authorities responsible for

~~official~~ **the** controls **provided for in this Title** ~~to verify compliance with this Regulation~~ .

2. ~~Competent~~ ~~**T**~~ **he competent** authorities referred to in paragraph 1 shall be objective and

impartial, and shall have at their disposal the qualified staff and resources necessary to

carry out their functions.

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_Article 46_

_**Verification of compliance**_ ~~_**with the product specifications**_~~ _**by self-declaration**_

_(previous Article 46 replaced by text below;_

_includes elements from Article 43(1), ex Articles 49 and 58(1))_

**1.** _(moved from Article 43(1))_ A registered geographical indication may be used by any

produce ~~r marketing~~ **of** a product ~~conforming to~~ ~~**t**~~ **hat is in conformity with** the

~~corresponding~~ product specification ~~or to the single document of an equivalent to the latter~~ ~~**.**~~

**2.** **For a product designated by a geographical indication and originating in the Union,**

**the verification of compliance with the corresponding product specification shall be**

**carried out by means of a self-declaration. The self-declaration shall be made using**

**the form set out in Annex I and shall contain the information and requirements**

**specified in that Annex.**

**3.** **Prior to placing the product on the market, producers shall submit a self-declaration**

**to the competent authority referred to in Article 45(1). Once the product is on the**

**-**
**market, producers shall submit a renewed self** **declaration once every three years to**

**demonstrate continued compliance with the product specification. Where the product**

**-**
**specification is amended in a way that affects the product concerned, the self**

**declaration shall be renewed without delay.**

**4.** _(incorporates elements of former Article 58(1))_ **The competent authority shall check, at**

**-**
**least, that the information provided in a self** **declaration is complete and consistent. If**

**the result of the check is positive, the competent authority shall issue, or renew, a**

**certificate of authorisation to use the geographical indication for the product**

**concerned. In the event of obvious errors and inconsistencies in the self-declaration,**

**the producer shall be given the possibility to complete or correct the self-declaration.**

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**5.** **Verification based on self-declaration does not prevent producers from having**

**conformity of the product verified by product certification bodies or natural persons.**

**6.** **To check conformity of the product covered by the self-declaration, controls, which**

**can take place before and after the product has been put on the market, shall be**

**carried out, based on a risk analysis and, if available, notifications by interested**

**producers of products designated by geographical indications, by:**

**(a)** **the competent authority; or**

(b) one or mor ~~e delegated~~ product certification bodies ~~including~~ **or** natural persons to

which responsibilities have been delegated in accordance with Article 50.

**7.** **In the event of detected non-compliance, the competent authority shall take the**

**necessary measures to remedy the situation.**

**8.** _(taken from Article 49(5))_ The Commission shall be empowered to adopt delegated acts ~~in~~

~~accordance with Article 66, amending this Regulation and introducing~~ **to amend and**

**introduce**, where relevant, modifications to the information and requirements specified in

the form set out in Annex ~~1~~ **I** .

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_**(new) Article 46a**_

_**Verification of compliance by a competent authority or by delegated product certification bodies**_

_**or natural persons**_

**1.** **As an alternative to the procedure set out in Article 46, Member States may provide**

**for the verification of compliance with the product specification by means of controls,**

**to be carried out before and after the product has been put on the market. Such**

**controls shall be carried out by:**

**(a)** **one or more competent authorities referred to in Article 45(1); or**

**(b)** **one or more product certification bodies or natural persons to which**

**responsibilities have been delegated in accordance with Article 50.**

**2.** **Where the result of the control carried out prior to placing the product on the market**

**demonstrates compliance of the product with the product specification, the competent**

**authority shall issue a certificate of authorisation to use the geographical indication**

**for the product concerned.**

**3.** **Controls carried out after the product has been put on the market shall be based on a**

**risk analysis and, if available, on notifications by interested producers of products**

**designated by geographical indications. Where the result of such controls confirms**

**compliance of the product with the product specification, the competent authority**

**shall renew the certificate of authorisation.**

**4.** **In the event of detected non-compliance, the competent authority shall take the**

**necessary measures to remedy the situation** .

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_**(new) Article 46b**_

_**Verification of compliance of products originating in a third country**_

_(moved from Article 46(4))_

In respect of geographical indications that designate products originating in a third country, ~~the~~

verification of compliance with the **product** ~~specifications~~ ~~**s**~~ **pecification** 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.

_**(new) Article 46c**_

_**Monitoring of the use of geographical indications in the market**_

_(elements incorporated from ex Article 48)_

**1.** **The authorities referred to in Article 45(1) shall monitor the use of geographical**

**indications in the market, irrespective of whether the products in question are** in

storage, transit, distribution, or offered for sale at wholesale or retail level, including in

electronic commerce.

**2.** **To that end, those authorities** shall carry out controls, based on risk analysis and, **if**

**available,** notifications ~~of~~ **by** interested producers of products designated by geographical

indications. **If necessary, those authorities** shall take appropriate administrative and

judicial steps to prevent or stop the use of names on products or services that are produced,

operated or marketed in their territory and that contravene the protection of geographical

indications provided for in Articles 35 and 36.

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_Article 47_

_**Due diligence**_ ~~_**obligations**_~~ _**responsibilities o**_ ~~_**f the**_~~ _**producers**_

**1.** Producer ~~s using the geographical indication~~ shall ensur ~~e the continous~~ compliance of ~~the~~

~~use of the name and symbol in the marketplace~~ **their products** with th ~~e relevant~~ product

specification. _(second sentence and its sub-points moved to new pargarpah 2)_

**2.** **In order to prevent misuse of geographical indications in the market, producers** ~~They~~

may:

(a) monitor the commercial use of the geographical indication in the market ~~place;~~ and

(b) _(deleted)_

(c) take action to ensure adequate legal protection of the geographical indication,

including, where appropriate, ~~informing~~ **by notifying** the competent authorities ~~as~~

~~referred to in Article 45(1)~~ **, in accordance with Articles 46(6), 46a(3) and 46c(2)** .

_Article 48_

~~_**Controls and enforcmeent of geographical indications rights in the marketplace**_~~

_–_
_(deleted_ _most elements of paras 1, 2 and 3 moved to Article 46c; para 4 moved to Article 57(3))_

_Article 49_

~~_**Self-declaration certification procedure**_~~

_–_
_(deleted_ _some elements moved to Article 46)_

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_Article 50_

_**Delegation**_ ~~_**by the competent authorities of official**_~~ _**of certain control tasks**_

1. ~~The~~ ~~**C**~~ ~~co~~ mpetent authorities may delegate ~~official~~ **certain** control tasks **related to**

**products that are subject to the controls referred to in Articles 46(6), 46a(2), 46a(3)**

**and 46c(2)** to one or more product certification bodies including natural persons.

**1a.** The competent authority shall ensure that the ~~delegated p~~ roduct certification body or

natural person **s**, to which ~~such~~ **the control** tasks **referred to in paragraph 1** ~~have been~~

**are** delegated, have the powers needed to ~~effectively p~~ erform these tasks **effectively** .

2. The delegation of ~~official~~ **certain** control tasks shall be in writing and ~~shall comply with~~

subject to the following conditions:

(a) the delegation is to contain a precise description of the ~~official~~ control tasks that the

delegated body or the natural person may perform, and the conditions under which it

may perform those tasks;

(b) the delegated product certification body:

(i) is to have the expertise, equipment and infrastructure required to perform the

~~official~~ control tasks delegated to it;

(ii) is to have a sufficient number of suitably qualified and experienced staff; **and**

(iii) is to be impartial and free from any conflict of interest and **,** in particular **,** **it** is

not to be in a situation ~~which~~ **that** may, directly or indirectly, affect the

impartiality of its professional conduct as regards the performance of those

control tasks delegated to it; ~~and~~

_–_
(iv) _(deleted_ _covered by paragrpah 1)_

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(c) where th ~~e official~~ control tasks are delegated to natural persons, those natural

persons:

(i) are to have the expertise, equipment and infrastructure required to perform

thos ~~e official~~ control tasks delegated to them;

(ii) are to be suitably qualified and experienced; **and**

(iii) are to act impartially and are to be free from any conflict of interest as regards

the exercise of those ~~official~~ control tasks delegated to them; ~~and~~

(d) there are to be arrangements in place ensuring efficient and effective coordination

between the delegating competent authorities and the ~~delegated~~ product certification

bodie ~~s, including~~ **or** natural persons.

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_Article 51_

_**Obligations of**_ ~~_**the**_~~ _**delegated product certification bodies and natural persons**_

The product certification bodies or natural persons **,** to whic ~~h official~~ certain control tasks have been

delegated in accordance with Article 50, shall:

(a) communicate the outcome of ~~the official~~ controls and related activities performed by them

to the delegating competent authorities on a regular basis and whenever those authorities

so request;

(b) immediately inform the delegating competent authorities whenever the outcome of ~~the~~

~~official~~ controls indicate non-compliance or point to the likelihood of non-compliance,

unless specific arrangements as established between the competent authority and the

~~delegated~~ product certification body or the natural person concerned provides otherwise;

and

(c) ~~give~~ ~~**c**~~ **ooperate with and provide assistance** to the competent authorities **, and give those**

**authorities** access to their premises and ~~facilities, cooperate and provide assistance~~ **to**

**documentation related to their delegated tasks** .

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_Article 52_

_**Obligations of**_ ~~_**the**_~~ _**delegating competent authorities**_

1. Competent authorities that have delegated certain ~~official c~~ ontrol tasks to product

certification bodies or natural persons, in accordance with Article 50, shall ~~:~~

~~(a)~~ ~~organise audits or inspections of such bodies or persons, as necessary;~~

~~(b)~~ fully or partly withdraw the delegation without delay, where:

~~(i)~~ ~~**(**~~ **a)** there is evidence that such a ~~delegated~~ product certification body or natural person is

failing to perform properly the tasks delegated to it;

~~(ii)~~ ~~**(**~~ **b)** the ~~delegated~~ product certification body or natural person fails to take appropriate

and timely action to remedy the identified shortcomings; or

~~(iii)~~ ~~**(**~~ **c)** the independence or impartiality of the ~~delegated~~ product certification body or

natural person has been compromised.

**1a.** _(moved from end of paragraph 1)_ The competent authorities may also withdraw the

delegation for reasons other than those referred to in ~~this Regulation~~ **paragraph 1** .

2. _(deleted first sentence moved to paragraph 1)_ ~~The competent authorities may also~~

~~withdraw the delegation for reasons other than those referred to in this Regulation.~~ **The**

**competent authorities may** organise audits or inspections of product certification bodies

or natural persons **at any time,** as necessary. _(second sentence takes over initial_

_paragraph 1(a))_

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_Article 53_

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

1. Member States shall make public the names and addresses of the designated competent

authorities **, referred to in Article 45(1)** ~~**,**~~ ~~and delegated~~ product certification bodies

~~including~~ **and** natural persons referred to in Article 46 ~~(3~~ ~~**6**~~ ) **(b) and 46a(1)(b)** and keep that

information ~~up-to-date~~ **updated** .

2. **In relation to third countries,** ~~T~~ ~~**t**~~ he Office shall make public **, where available,** the names

and addresses of the competent authorities and product certification bodies referred to in

Articl ~~e 46(4)~~ **46b** and update that information periodically.

3. The Offic ~~e may~~ **shall** establish a digital portal where the names and addresses of the

competent authorities and ~~delegated~~ product certification bodies ~~including~~ **and** natural

persons referred to in paragraphs 1 and 2 are made public.

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_Article 54_

_**Accreditation of product certification bodies**_

1. The product certification bodies referred to in Article ~~46 (3), point (b) and Article 46 (4),~~

~~point (b)~~ **50** shall comply with and be accredited **, depending on their activities,** in

accordance with **the following standards** :

(a) European standard **EN** 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~~ **and EN**

**ISO/IEC 17025 for testing and calibration laboratories, including any revisions**

**or amended versions of those standards** ; 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 **[33]**, that is a member of **the**

European **cooperation for** Accreditation, or **,** **for third-country product certification**

**bodies,** b ~~y an~~ **a recognised** accreditation body outside the Union that is a member of

International Accreditation Forum **or International Laboratory Accreditation**

**Cooperation** .

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

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_Article 55_

_**Orders to act against illegal content**_

**1.** **Any information related to the advertising, promotion and sale of goods to which**

**persons established in the Union have access that contravenes the protection of**

**geographical indications provided for in Articles 35 and 36 of this Regulation shall be**

**considered illegal content within the meaning of Article 3, point (h) of Regulation**

**(EU) 2022/2065** **[34]** **of the European Parliament and of the Council.**

**2.** ~~Where provided by national law and in compliance with Union law, competent~~ **Relevant**

**national judicial or administrative** authorities of the Member States may **,** ~~issue an order~~

~~to act as referred to~~ in **accordance with** Article ~~8~~ **9** of Regulation (EU) 2022/ **2065,** **issue**

**an order to act** against **one or more specific items of** illegal content ~~that contravenes~~

~~Article~~ ~~35 of this Regulation~~ **, as referred to in paragraph 1 of this Article** .

_Article 56_

_**Penalties**_

Member States shall lay down ~~the~~ rules on penalties applicable to non-compliance with, and

infringements of, this Regulation and shall take all measures necessary to ensure that they are

implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Member States shall, by the ~~entry into force~~ **date of application** of this Regulation, notify the

Commission of those rules and of those measures and shall notify it, without delay, of any

subsequent amendment affecting them.

**34** Regulation (EU) 2022/ **2065** of the European Parliament and of the Council **of 19 October**
**2022** on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC
(OJ L **277**, **27** . **10** .2022, p. **1** ).

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_Article 57_

_**Mutual assistance and resources**_

1. Member States shall assist each other for the purposes of carrying out the controls ~~and~~

~~enforcement~~ provided for in this Title.

2. _(initial paragraph 2 becomes paragraph 4; initial paragraph 3 becomes paragraph 2)_

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.

3. _(initial paragraph 3 becomes paragraph 2; initial paragraph 4 becomes the first sentence_

_below; initial Article 48(4) becomes the 2_ _[nd]_ _sentence below)_ In ~~case~~ **the event** of a possible

violation o ~~f the protection conferred to~~ a geographical indication, **a** Member Stat ~~es~~ shall

take measures to facilitate the transmission, from law enforcement ~~authorities, public~~

~~prosecutors~~ and judicial authorities within the Member State, to the competent authorities

referred **to** in Article 45(1), of information on such possible violation. The authorit ~~y~~ ~~**i**~~ **es**

~~designated~~ **in charge of the monitoring in the Member States** ~~**,**~~ **shall,** in accordance with

paragraph 1 ~~shall coordinate enforcement of geographical indications among~~ **cooperate, as**

**appropriate, with** relevant departments, agencies and bodies, including police, anti

counterfeiting agencies, customs, intellectual property offices, market surveillance and

consumer protection authorities and retail inspectors.

4. _(initial paragraph 4 incorporated into paragraph 3; initial paragraph 2 becomes_

_paragraph 4)_ The Commission may adopt implementing acts specifying the nature and the

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

the purposes of controls ~~and enforcement~~ under this Title. Those implementing acts shall

be adopted in accordance with the examination procedure referred to in Article 65(2).

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_Article 58_

~~_**Certificates of authorisation to produce**_~~

_(deleted; para 1 incorporated into Article 46(4); elements of para 2 incorporated into recital (47b))_

## **TITLE V** **GEOGRAPHICAL INDICATIONS ENTERED IN THE** **INTERNATIONAL REGISTER AND AMENDMENTS TO OTHER** **ACTS**

_Article 59_

~~_**Amendments to Council Decision (EU) 2019/1754**_~~

( _deleted – Commission due to present a separate proposal for a Council Decision amending_

_Council Decision (EU) 2019/1754_ )

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_Article 60_

_**Amendments to Regulation (EU) 2019/1753**_

Regulation (EU) 2019/1753 is amended as follows:

(1) Article 1 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2. For the purposes of this Regulation, the term ‘geographical indications’ covers

appellations of origin within the meaning of the Geneva Act, including designations

of origin within the meaning of Regulations (EU) No 1151/2012 and (EU)

No 1308/2013, as well as geographical indications within the meaning of

Regulations (EU) No 1151/2012, (EU) No 1308/2013, ~~(EU) No 251/2014,~~ (EU)

2019/787 and Regulation (EU) ~~2022~~ ~~**…**~~ /… of the European Parliament and of the

Council of … concerning geographical indication protection for craft and industrial

products _**[this Regulation]**_ . In respect of appellations of origin relating to craft and

industrial products which are subject to an international registration, protection in the

EU shall be construed as specified in Articles 5 and 35 of that Regulation **.** ’;

(b) the following paragraph 3 is added:

‘3. For the purposes of this Regulation, “ **the** Office” means the European Union

’
Intellectual Property Office **, as defined under Regulation (EU) 2017/1001** . **;**

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(2) Article 2 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘Upon the accession of the Union to the Geneva Act and thereafter on a regular basis,

the Commission or the Office shall, in their respective capacity as Competent Authority

within the meaning of Article 3 of the Geneva Act as specified in Article 4(1) of

Council Decision (EU) 2019/1754, file applications for the international registration of

geographical indications protected and registered under Union law and pertaining to

products originating in the Union pursuant to Article 5(1) and ~~Article~~ (2) of the Geneva

Act with the International Bureau of the World Intellectual Property Organization (‘the

International Bureau’).’;

(b) in paragraph 2, the first sentence is replaced by the following:

‘For the purposes of paragraph 1, Member States may request the Commission or, in

respect of geographical indications protecting craft and industrial products (“craft and

industrial geographical indications”), the Office ~~,~~ to register in the International Register

geographical indications that originate in the territory of Member States and that are

protected and registered under Union law;’ **;**

(c) the following paragraph 4 is added:

‘4. In respect of requests to register craft and industrial geographical indications in the

International Register, the Office shall, in its capacity ~~of~~ ~~**a**~~ **s** Competent Authority

~~referred to in~~ ~~**w**~~ **ithin the meaning of** Article 3 of the Geneva Act as specified in

Article 4(1) of Council Decision (EU) 2019/1754, proceed on the basis of ~~its own~~ ~~**t**~~ **he**

decision on granting protection in accordance with the procedure referred to in

Articles 17 to 34 **b** of Regulation (EU) ~~2022~~ ~~**…**~~ /…’ _**[this Regulation]**_ ;

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(3) In Article 3, the following paragraph 4 is added:

‘4. In respect of craft and industrial geographical indications, the Office shall request

the International Bureau to cancel a registration in the International Register of a

geographical indication originating in a Member State if **the** circumstances of

paragraph 1 are fulfilled.’;

(4) Article 4 is replaced by the following:

_‘Article 4_

**Publication of third** ~~**-**~~ **country geographical indications registered in the International Register**

1. The Commission or, in respect of craft and industrial geographical indications, the

Office shall publish any international registration notified by the International Bureau

pursuant to Article 6(4) of the Geneva Act, which concerns geographical indications

registered in the International Register in respect of which the Contracting Party of

Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State.

2. The international registration referred to in paragraph 1 shall be published in the C

series of the _Official Journal of the European Union_ _**;**_ ~~or, i~~ n respect of international

registrations relating to craft ~~of~~ ~~**a**~~ **nd** industrial geographical indications, **the**

**registration shall be published** by the Office. The publication shall include a reference

to the product type and country of origin.’;

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(5) In Article 5, paragraph 1 is replaced by the following:

‘1. The Commission or, in respect of craft and industrial geographical indications, the

Office shall assess any international registration notified by the International Bureau

pursuant to Article 6(4) of the Geneva Act concerning the geographical indications

registered in the International Register and in respect of which the Contracting Party of

Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State, in

order to determine whether it includes the mandatory contents laid down in Rule 5(2) of

the Common Regulations under the Lisbon Agreement and the Geneva Act (the

‘Common Regulations’), and the particulars concerning the quality, reputation or

characteristics as laid down in Rule 5(3) of the Common Regulations.’;

(6) Article 6 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. Within four months from the date of publication of the international registration in

accordance with Article 4, the competent authorities of a Member State or of a third

country other than the Contracting Party of Origin as defined in point (xv) of Article 1

of the Geneva Act, or a natural or legal person having a legitimate interest and

established in the Union or in a third country other than the Contracting Party of Origin,

may lodge an opposition with the Commission or, in respect of craft and industrial

geographical indications, the Office. The opposition shall be in one of the official

languages of the Union.’;

(b) in paragraph 2, point (e) is deleted ~~.~~ ~~**;**~~

(c) paragraph 3 is replaced by the following:

‘3. The grounds for opposition set out in paragraph 2 shall be assessed by the

Commission or, in respect of craft and industrial geographical indications, the Office, in

relation to the territory of the Union or part thereof.’ **;**

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(7) Article 7 is amended as follows:

(a) in paragraph 1, the following sentence is added:

‘In respect of craft and industrial geographical indications, the Office shall reject any

inadmissible opposition and decide to grant protection of the geographical indication.’;

(b) in paragraph 2, the last sentence is replaced by the following:

‘In respect of craft and industrial geographical indications, the decision whether to grant

protection shall be adopted by the Office ~~,~~ or, in cases referred to in Article 25 of

Regulation (EU) ~~2022~~ ~~**…**~~ /… _**[this Regulation]**_, by the Commission ~~..~~ ~~**,**~~ **in respect of**

**which** ~~T~~ ~~**t**~~ he related implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 15(2).’ **;**

(c) paragraph 4 is replaced by the following:

‘4. In accordance with Article 15(1) of the Geneva Act, the Commission or, in respect

of craft and industrial geographical indications, the Office shall notify the International

Bureau of the refusal of the effects of the international registration concerned in the

territory of the Union, within ~~one year~~ ~~**t**~~ **welve months** from the receipt of the

notification of international registration in accordance with Article 6(4) of the Geneva

Act ~~[, or, in the cases referred to in the first paragraph of Article 5 of Decision (EU)~~

~~2019/1754, within two years from the receipt of that notification]~~ .’;

(d) ~~in~~ paragraph 5 **is replaced by** ~~, the last sentence is deleted;~~ ~~**:**~~

**‘The Commission may, on its own initiative or following a duly substantiated**

**request by a Member State, a third country or a natural or legal person having a**

**legitimate interest, withdraw, in whole or in part, by means of an implementing**

**act, a refusal previously notified to the International Bureau. That implementing**

**act shall be adopted in accordance with the examination procedure referred to in**

**Article 15(2).**

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~~(e)~~ ~~the following paragraphs 5a and 5b are added:~~

~~‘5a. I~~ n respect of craft and industrial geographical indications concerning the protection

of which a previous refusal has been notified by the Office, the Office may, on its own

initiative or following a duly substantiated request by a Member State, a third country or

a natural or legal person having a legitimate interest, withdraw, in whole or in part, a

refusal previously notified to the International Bureau. ~~;~~

~~5b. T~~ he Commission or, in respect of craft and industrial geographical indications, the

Office shall notify the International Bureau of such withdrawal without delay.’;

(8) In Article 8(1) the following sentence is added:

‘In respect of craft and industrial geographical indications, the same shall apply to the

decision of the Office.’;

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(9) Article 9 is replaced by the following:

_‘Article 9_

**Invalidation of effects in the Union of a third** ~~**-**~~ **country geographical indication registered in**

**the International Register**

1. The Commission or, in respect of craft and industrial geographical indications, the Office

may, on its own initiative or following a duly substantiated request by a Member State, a third

country or a natural or legal person having a legitimate interest, invalidate, in whole or in part

the effects of protection in the Union of a geographical indication, in one or more of the

following circumstances:

(a) the geographical indication is no longer protected in the Contracting Party of Origin;

(b) the geographical indication is no longer registered in the International Register;

(c) compliance with the mandatory contents laid down in rule 5(2) of the Common

Regulations or with the particulars concerning the quality, reputation or

characteristics as laid down in Rule 5(3) of the Common Regulations is no longer

ensured.

2. The Commission shall adopt implementing acts for the purpose of paragraph 1. The

implementing acts in question shall be adopted in accordance with the examination procedure

referred to in Article 15(2) and only after the natural persons or legal entities as referred to in

point (ii) of Article 5(2) of the Geneva Act or the beneficiaries as defined in point (xvii) of

Article 1 of the Geneva Act have been given an opportunity to defend their rights.;

3. Where the invalidation is no longer subject to appeal, the Commission, or in respect of craft

and industrial indications, the Office shall notify the International Bureau without delay of the

invalidation of the effects in the territory of the Union of the international registration of the

geographical indication in accordance with point (a) or (c) of paragraph 1.’;

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(10) In Article 11, paragraph 3 is replaced by the following:

‘3. In respect of each appellation of origin originating in a Member State which is party to the

Lisbon Agreement, for a product falling within the scope of Regulation (EU) ~~2022~~ ~~**…**~~ /… _**[this**_

_**Regulation]**_, but not yet protected under that Regulation, the Member State concerned shall,

on the basis of a request by a natural person or legal entity referred to in point (ii) of

Article 5(2) of the Geneva Act or a beneficiary as defined in point (xvii) of Article 1 of the

Geneva Act, or on its own initiative, choose to request either:

(a) the registration of that appellation of origin under Regulation (EU) ~~2022~~ ~~**…**~~ /… _**[this**_

_**Regulation]**_ ; or

(b) the cancellation of the registration of that appellation of origin in the International

Register.

The Member State concerned shall notify the Office of the choice referred to in the first

subparagraph, and lodge the respective request ~~within one year following the adoption of~~

~~Regulation (EU) 2022/….~~ **by …** _**[note to OJ: please set the date twelve months from the date**_

_**of entry into force of Regulation (EU) …/… (this Regulation)]**_ **.** The registration procedure

foreseen in Article 67 (3) of Regulation (EU) ~~2022~~ ~~**…**~~ /… applies _mutatis mutandi_ _**s**_ .

In the situations referred to in point (a) of the first subparagraph, the Member State concerned

shall request the international registration of that appellation of origin under the Geneva Act,

if that Member State has ratified or acceded to the Geneva Act pursuant to the authorisation

referred to in Article 3 of Decision (EU) 2019/1754, within ~~six months~~ ~~**t**~~ **welve months** from

the date of registration of the geographical indication under Regulation (EU) ~~2022~~ ~~**…**~~ /… _**[this**_

_**Regulation]**_ .

The Member State concerned shall, in coordination with the Office, verify with the

International Bureau whether there are any modifications to be made under Rule 7(4) of the

Common Regulations for the purpose of registration under the Geneva Act. The Office shall

authorise the Member State concerned to provide for the necessary modifications and to

notify the International Bureau.

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If the request for registration under Regulation (EU) ~~2022~~ ~~**…**~~ /… _**[this Regulation]**_ is refused

and related administrative and judicial remedies have been exhausted, or if the request for

registration under the Geneva Act has not been made pursuant to the third subparagraph of

this paragraph, the Member State concerned shall, without delay, request the cancellation of

the registration of that appellation of origin in the International Register.’ **;**

(11) in Article 15(1) the following point (e) is added:

‘(e) for craft and industrial products falling within the scope of Article 2(1) of Regulation

(EU) ~~2022~~ ~~**…**~~ /… _**[this Regulation]**_, by the Craft and Industrial Geographical Indication

Committee established by Article 65 of that Regulation.’ **.**

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# ANNEX COMPET.1 EN

_Article 61_

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

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

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

‘(ba) administration and promotion of geographical indications **for craft and industrial**

**products**, in particular the tasks conferred on it under ~~the R~~ egulation (EU)

No ~~2022~~ ~~**…**~~ / **…** _[this Regulation]_ of the European Parliament and of the Council and

promotion of the geographical indications system.’ **;**

**(1a) in Article 153(1), the following point (n) is added:**

**‘(n) adopting rules of procedure of the Advisory Board referred to in**

**Article 33(8) of Regulation …/…** _**[this Regulation]**_ **’;**

**(1b) in Article 170, paragraph 2 is replaced by the following:**

**‘2. Any natural or legal person may use the Centre’s services on a voluntary**

**basis with the aim of reaching a friendly settlement of disputes, based on this**

**Regulation, Regulation (EC) No 6/2002 or Regulation …./…** _**[this Regulation]**_ **,**

**by mutual agreement.’;**

(2) ( _deleted_ )

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## **TITLE VI** **TECHNICAL ASSISTANCE FEES**

_Article 62_

~~_**Technical assistance of the Office**_~~

_(moved to Article 34c)_

_**(new) Article 62a**_

~~_**Registration fF**_~~ _**ees**_

_(moved from Article 10)_

1. Member States may charge ~~a f~~ ee **s** to cover the costs of ~~managing~~ the **national phase of the**

geographical indication system for craft and industrial products provided for in this

Regulation, ~~including~~ **notably** those **costs** incurred in **the** processing **of** applications,

~~statements~~ **notice** of opposition, applications for amendments **,** requests for cancellation ~~s~~

**and appeals** .

**1a.** _(moved from Article 48(5) and 2_ _[nd]_ _sentence of Article 43(2))_ Member States may collect

fees or charges to cover the costs of ~~official c~~ ontrols ~~in the marketplace~~ **conducted**

**pursuant to Title IV of this Regulation** .

2. _(moved to paragraph 5a)_

3. ~~The Office shall not charge any fee for any procedure under this Regulation.~~ _(deleted)_

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4. ~~By way of derogation to paragraph 3 of this Article, the~~ ~~**T**~~ **he** Office shall charge a fee **for:**

**(a)** ~~in t~~ he direct registration procedure **, as** referred to in Article 15 **a** ~~,~~ ~~**;**~~

**(b)** ~~in t~~ he procedure **concerning products originating in a third country or third**

**countries, as** referred to in Article 17 ~~(3~~ ~~**c**~~ ) **;** and

**(c)** ~~for the a~~ ppeals before the Boards of Appeal **, as** referred to in Article 30.

**4a.** ~~Fees may be charged also~~ **The Office may charge a fee** fo ~~r the~~ **requests for an**

amendment ~~of~~ ~~**t**~~ **o** the product specification and **for requests for** cancellation **of the**

**geographical indication,** ~~if the procedure concerns a~~ ~~**w**~~ **here the** nam ~~e that~~ was registered

~~under~~ **pursuant to one of the procedures referred to** ~~Article 15 or Article 17(3)~~ **in point**

**(a) or (b) of paragraph 4** .

5. The Commission shall adopt implementing acts to determine the amounts of the fees

charged by the Office and the ways in which they are to be paid or, in **the** case of the fee

for appeals before the Boards of Appeal, reimbursed. Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 65(2).

**5a.** _(moved from paragraph 2)_ ~~Where a Member State charges a fee, the level of the~~ ~~**A**~~ **ny** fees

**charged pursuant to this Title** shall be reasonable, foster the competitiveness of the

producers of the geographical indications and ~~shall~~ **may** take into account the **specific**

situation of micro, small and medium-sized enterprises.

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## **TITLE VII** **SUPPLEMENTARY PROVISIONS**

_**(new) Article 62b**_

_**Data protection**_

_(moved from Article 4)_

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

Article 3, point ~~(9~~ ~~**8**~~ ), of Regulation (EU) 2018/1725 **[35]** ~~of the European Parliament and of~~

~~the Council~~ in relation to the processing of personal data in the procedure it is competent

for in accordance with this Regulation.

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

meaning of Article 4, point (7), of Regulation (EU) 2016/679 **[36]** ~~of the European Parliament~~

~~and of the Council~~ in relation to the processing of personal data in the procedures for

which they are competent in accordance with this Regulation.

**35** 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).
**36** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the

~~–~~
free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016, p. 1
~~88.~~

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_Article 63_

_**Procedural languages**_

1. All documents and information sent to the Office in respect of the procedures under this

Regulation ~~,~~ shall be in one of the official languages of the Union.

2. For the tasks conferred on the Office under this Regulation, the languages of the Office

shall be all the official languages of the Union in accordance with Regulation 1 **[37]** .

_Article 64_

_**IT system**_

**1.** The digital system referred to in Article 18 ~~(1~~ **2d** ) **,** ~~and~~ the Union register ~~of geographical~~

~~indications for craft and industrial products~~ referred to in Article ~~26~~ **34a, and the digital**

**portal referred to in Article 53(3)** shall be developed ~~, kept~~ and maintained by the Office.

**2.** _(moved from Article 18(1))_ The digital system shall **be used for applications pursuant to**

**Article 17, but shall also** have the capacit ~~y to allow the submission of applications to~~

~~competent authorities of a Member State, and~~ to be used by the Member Stat ~~e in its~~ **at the**

national **phase of registration** ~~procedure.~~

_Article 65_

_**Committee procedure**_

1. The Commission shall be assisted by the **Committee for** Craft and Industrial Geographical

Indications ~~Committee~~ **(‘the 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.

**37** Council Regulation No 1 determining the languages to be used by the European Economic
Community (OJ 17, 6.10.1958, p. 385 **)** .

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_Article 66_

_**Exercise of the delegation**_

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles **9, 15a, 18,** ~~29,~~ 30 **,** ~~and 4~~ 9 **and 62**

shall be conferred on the Commission for a period of seven years from [ _OJ: date of entry_

_into force of this Regulation_ ]. The Commission shall draw up a report in respect of the

delegation of power not later than nine months before the end of the seven-year period.

The delegation of power shall be tacitly extended for periods of an identical duration,

unless the European Parliament or the Council opposes such extension not later than three

months before the end of each period.

3. The delegation of power referred to in Article **s 9, 15a, 18,** ~~29, 3~~ 0 **,** ~~and~~ 49 **and 62** may be

revoked at any time by the European Parliament or by the Council. A decision to revoke

shall put an end to the delegation of power specified in that decision. It shall take effect **on**

the day following the publication of the decision in the _Official Journal of the European_

_Union_ or at a later date specified therein. It shall not affect the validity of any delegated

acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each

Member State in accordance with the principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

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6. A delegated act adopted pursuant to ~~the A~~ rticle ~~s~~ **9, 15a, 18,** ~~29, 3~~ 0 ~~and~~ ~~**,**~~ 49 **or 62** shall enter

into force only if no objection has been expressed either by the European Parliament or by

the Council within a period of two months of notification of that act to the European

Parliament and the Council or if, before the expiry of that period, the European Parliament

and the Council have both informed the Commission that they will not object. That period

shall be extended by two months at the initiative of the European Parliament or of the

Council.

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## **TITLE VIII** **TRANSITIONAL AND FINAL PROVISIONS**

_Article 67_

_**Transitional**_ ~~_**Gg**_~~ _**eographical**_ ~~_**Ii**_~~ _**ndication protection**_

1. **By** _**[twelve months after the date of application of this Regulation]**_ **,** ~~N~~ ~~**n**~~ ational specific

protection for geographical indications for craft and industrial products shall cease to exist **,**

**and pending applications shall be considered not to have been filed** ~~by [~~ ~~_one year after_~~

~~_the date of entry into force of this Regulation_~~ ~~]~~ ~~**,**~~ **unless a request pursuant to paragraph 2**

**is made** .

2. By _[_ ~~_six months_~~ _**twelve months**_ _after the date of_ ~~_entry into force_~~ _**application**_ _of this_

_Regulation]_, interested Member States shall inform the Commission and the Office ~~,~~ which

of their legally protected names or **,** in the Member States where there is no protection

system, which of their names established by usage **,** they wish to register and protect

pursuant to this Regulation.

**2a.** **On the basis of a request pursuant to paragraph 2, national protection may be**

**extended in time by the Member State concerned until the registration procedure**

**pursuant to paragraph 3 is finalised and the decision has become final. Where Union**

**protection is granted, the day on which the Member States have informed the Office**

**and the Commission, in accordance with paragraph 2, shall be deemed the first day of**

**protection under this Regulation.**

3. ~~In accordance with the procedure laid down in Articles 17~~ ~~to 25,~~ ~~**N**~~ **ames referred to in**

**paragraph 2** ~~**, which**~~ **that comply with Articles 2, 5, 7 and 8, shall be registered by** the

Office **,** or, in **the** cases referred to in Article 25 ~~,~~ **by** the Commission **,** **in accordance with**

**the procedure laid down in Articles 17 to 2** ~~**5**~~ ~~shall register the names referred to in~~

~~paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8.~~ Article **s** 21 and 22

shall not apply. However, generic terms shall not be registered.

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# ANNEX COMPET.1 EN

4. _(merged into paragraph 1)_

_Article 68_

_**Member States reporting obligation**_

1. Member States ~~or their national authorities~~ shall report ~~every four years~~ to the Commission

**by** _**[four years after the date of application of this Regulation]**_ **, and every five years**

**thereafter,** on **:** the strategy and results of all the geographical indication controls carried

out to verify compliance with the legal requirements related to the protection scheme

established by this Regulation ~~and of the enforcement of geographical indications for craft~~

~~and industrial products in the market place including online~~ as referred to in Article 45 ~~on~~

~~designation of competent authority,~~ **;** ~~Article 46 o~~ n verification of compliance ~~with the~~

**-**
~~product specifications,~~ **by self** **declaration as referred to in Article 46; on verification**

**of compliance by a competent authority or a designated third party as referred to in**

**Article 46a, if applicable; on monitoring of the use of geographical indications for**

**craft and industrial products in the market as referred to in Article 46c;** ~~Article 47~~ on

due diligenc ~~e,~~ **as referred to in Article 47;** ~~Article 48 on enforcement of geographical~~

~~indications in the marketplace,~~ and ~~Article 55~~ on ~~online platforms~~ **illegal content on**

**online interfaces as referred to in Article 55** .

2. Eligible Member States shall provide the Commission by _[_ ~~six~~ ~~**t**~~ **welve** months ~~after~~ **before**

the date o ~~f entry into force~~ **application** of this Regulation _]_ with the information ~~requested~~

~~in~~ **required under** Article 15 in order to opt for the ~~‘~~ direct registration ~~’~~ procedure. On the

basis of the information received, the Commission shall adopt a ~~D~~ ~~**d**~~ ecision on th ~~e right~~

**request** of the concerned Member State to opt for the ~~‘~~ direct registration ~~’~~ procedure **as**

**referred to in Article 15a** and hence, to not designate a national authority for the

~~management at national level of the procedures for the~~ **processing of** application **s**,

amendment **s** of the product specification and cancellation as ~~referred to in Article 15~~

**required by Article 11(1)** .

3. ( _moved to paragraph 5 of Article 11)_

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# ANNEX COMPET.1 EN

_Article 69_

_**Review clause**_

By _[five years after the date of_ ~~_entry into force_~~ _**application**_ _of this Regulation]_, **and every five**

**years thereafter,** the Commission shall draw up a report on the implementation of this Regulation,

accompanied by any proposals for revision that it may deem appropriate.

_Article 70_

_**Entry into force**_

This Regulation shall enter into force on the twentieth day following that of its publication in the

_Official Journal of the European Union_ . It shall apply from ~~_**[**_~~ ~~_1 January 2024_~~ ~~_**t**_~~ _**he first day of the**_

_**twentyfifth month after the entry into force of this Regulation]**_ **, except Article 15(1) and (2),**

**Article 33(1), Article 34a(8), and Articles 64 to 66, which shall apply as of the date of entry**

**into force** .

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_

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# ANNEX COMPET.1 EN

**ANNEXES to the ANNEX**

_**ANNEX**_ ~~_**1**_~~ _**I**_

**Self-declaration referred to Article** ~~**49**~~ **46 of Regulation …/…** _**[this Regulation]**_

**1.** **Name and address of the** ~~**economic operator**~~ **producer: …**

[ ~~Note: i~~ ~~**I**~~ nsert the name and address of the **economic operator (** company or individual

producer **)** as well as **, where applibale,** the name and address of th ~~e signatory of the self-~~

~~declaration, if deviating from the economic operator:~~ authorised representative of the

company or producer **, who signs the self-declaration on the producer’s behalf** ]

**1a.** _(moved from point 5)_ **Producer group: …**

[ ~~Note:~~ ~~**I**~~ **f applicable,** insert name and address of the producer group ~~in~~ **of** which the producer

is a member]

**2.** **Name and type of the product** ~~**and type of goods:**~~ **…**

[ ~~Note: i~~ ~~**I**~~ nsert th ~~e full~~ name with all ~~appositions~~ **attributes** under which the product

designated by the geographical indication is marketed or is envisaged to be marketed and the

type of goods to which the product belongs]

**3.** **Status of the product: …**

[ ~~Note: insert~~ ~~**S**~~ **pecify** whether the product concerned is already on the market ~~or not]~~

**4.** **Production sites: …**

[ ~~Note: insert~~ **List** all production sites ~~,~~ ~~**(**~~ **with** address ~~,~~ **and** contact detail ~~a~~ ~~**s**~~ and activity ~~(step of~~

~~production pursuant to product specification)~~ carried out ~~there~~ **at each site)** ]

**5.** _(moved to point 1a.)_

**6.** **Name,** ~~**file**~~ **number and registration date of the** ~~**used**~~ **geographical indication: …**

[ ~~Note: T~~ he requirement can be met b ~~y referring to~~ **attaching to the self-declaration** the

corresponding electronic excerpt from the register ~~, which is to be attached to the self-~~

~~declaration.]~~

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# ANNEXES to the ANNEX COMPET.1 EN

**7.** ~~**Main points of the product specification and its electronic publication reference**~~
**Single document: …**

[ ~~Note: The insertion shall follow the indications made in~~ ~~**I**~~ **nsert the information from** the

single document: the name ~~,~~ **and** a description of the product, including, where appropriate,

~~specific rules~~ **the raw materials and information** concerning **the** packaging and labelling,

**including the possible use of the PGI logo,** and a concise definition of the geographical

area]

**8.** **Description of the measures undertaken by the producer to ensure** ~~**its conformity**~~ **the**
**product complies with the product specification: …**

[ ~~Note: i~~ ~~**I**~~ nsert all measures (controls and checks) ~~with a summarised description~~ undertaken

~~whether~~ by the producer ~~himself/herself~~ **itself**, the produce ~~r association~~ **group** o ~~r assigned~~ **a**

third part **y** ~~ies~~ since the last **self-** declaration has been submitted **, together with a summary of**

**each measure in the table below** ]

|Control<br>point44|Target<br>Refere<br>nce<br>Vvalue<br>45<br>(Tests)|Autocontrol<br>(AC)<br>Internal<br>Control<br>(IC) or<br>eExternal<br>Control<br>(EC)46|Frequency<br>47|Person<br>Rresponsibl<br>e for the<br>control|Description<br>of the<br>Control<br>method|Reference<br>document|
|---|---|---|---|---|---|---|
||||||||

**44**
Control point: ~~the checkpoint~~ **step or steps** within the production process where the control
measure is applied.
**45** ~~Target~~ ~~**R**~~ **eference** value, if any, to b ~~e reached~~ **met** at the control point.
**46** AC: Control performed by the producer ~~himself~~ **itself** ; IC: Control performed by the
producer group; ~~AC~~ **EC** : Control performed by an external certification body **or natural**

**person** .
**47** ~~Frequency: The time interval at which the control is performed.~~

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# ANNEXES to the ANNEX COMPET.1 EN

**9.** **Additional information: …**

[ ~~Note: i~~ ~~**I**~~ nsert any further information considered relevant ~~to an~~ **for the** assessment ~~of~~ **as to**

whether the product is compliant **with the product specification**, e.g. samples of the

labelling if there is a labelling rule in the product specification in question]

**10.** **Declaration of compliance with the requirements of the product specification:**

**I herewith declare that** ~~T~~ ~~**t**~~ he above-mentioned product, including its characteristics and

components, complies with the ~~rules of the~~ corresponding product specification. All necessary

controls and checks for the proper determination of conformity have been carried out.

~~[The signatory is~~ **I am** aware that in ~~case~~ **the event** of **a** false statement ~~s~~ ~~**,**~~ sanctions may be

imposed. ~~]~~

_Signed for and on behalf of:_

(place and date):

(name, function) (signature):

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# ANNEXES to the ANNEX COMPET.1 EN

_**ANNEX**_ ~~_**2**_~~ _**II**_

**Single document referred to in Article 8 of Regulation …/…** _**[this Regulation]**_

[Insert name, as in **point** 1 ~~below~~ :] ‘…’

EU N ~~o~~ ~~**u**~~ **mber** : [for EU use only]

**1.** **Name(s) [of PGI] …**

[Insert the nam ~~e proposed for registration~~ **that is requested to be protected as a**

**geographpical indication** or, in the case of an application for approval of an amendment to a

product specification, the registered name]

**2.** **Member State or** ~~**Tt**~~ **hird** ~~**Cc**~~ **ountry …**

**3.** **Description of the** ~~**craft and industrial**~~ **product**

_3.1._ _Type of product…_

_3.2._ _Description of the product to which the name in_ _**point**_ ~~_(_~~ _1_ ~~_)_~~ _applies…_

[Main points referred to in Article 8(1), point ~~(b)~~ ~~**(**~~ **a)(ii)** . To identify the product **,** use

definitions and standards commonly used for that product. In the description of the product,

focus on its specificity, using measurement units and common or technical terms of

comparison, without including technical characteristics inherent to all products of that type

~~and~~ **or** related mandatory legal requirements applicable to all products of that type ~~(Article~~

~~8(2)].~~

_3.3._ _Raw materials_ ~~_(for processed products only)_~~ _…_

~~**[**~~ ~~State~~ ~~**I**~~ **ndicate** any quality requirements, or restrictions on origin of raw materials. State

justifications for any such restrictions. Such restrictions must be justified in relation to the link

referred to in point ~~(f)~~ **(g)** of Article 7(1)] ~~.~~

_3.4._ _Specific steps in production that must take place in the identified geographical area…_

[ ~~State~~ ~~**I**~~ **ndicate** justifications for any restrictions or derogations ~~.]~~

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# ANNEXES to the ANNEX COMPET.1 EN

_3.5._ _Specific rules concerning packaging_ ~~_,_~~ _etc. of the product_ _**to which**_ _the registered name_
_refer_ ~~_s to_~~ _…_

[ ~~If none, leave blank. State~~ **If applicable, provide** product-specific justifications for any

restrictions ~~.]~~

_3.6._ _Specific rules concerning labelling of the product_ _**to which**_ _the registered name refers_ ~~_to …_~~

[If **applicable,** ~~none, leave blank. State~~ **provide** justifications for any restrictions ~~.]~~

**4.** **Concise definition of the geographical area …**

[Where appropriate, insert a map of the **geographical** area]

**5.** **Link with the geographical area …**

~~Causal l~~ **[Indicate the l** ink between the geographical origin and, where appropriate, ~~a~~ **the**

given quality, ~~the~~ reputation or other characteristics of the product.

~~[State explicitly on~~ **To that end, indicate on** which ~~ones~~ of ~~the given~~ **those** factors

~~(reputation, given quality, other characteristic of the product)~~ th ~~e causal~~ link is based ~~and give~~

~~information only with respect to the relevant factors,~~ including, where appropriate, elements

of the product description or production method justifying the link ~~.]~~

~~**Reference to publication of the product specification**~~

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# ANNEXES to the ANNEX COMPET.1 EN

_**ANNEX**_ ~~_**3**_~~ _**III**_

**Reasoned statement of opposition referred to in Article 22 of Regulation …/…** _**[this**_

_**Regulation]**_

**1.** **Name of product: …**

[as ~~given~~ **entered** in the **Union** ~~e-R~~ ~~**r**~~ egister]

**2.** ~~**Official referenceN**~~ **umber: …**

[as ~~given~~ **entered** in the **Union** ~~e-R~~ ~~**r**~~ egister]

~~**Reference number: …**~~

**2a.** **Date of publication of the single document and the product specification in the Union**

**register:** **…**

**3.** **Contact details**

~~**Group/organisation/individual**~~ **Natural or legal person/competent authority:** **…**

~~_**Or national authority:**_~~

~~**Department: …**~~

**Address: …**

**Telephone + …**

**e-mail address: …**

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# ANNEXES to the ANNEX COMPET.1 EN

**4.** ~~**Reason G**~~ **rounds for the opposition:**

~~–~~
~~Non-compliance with the definition of geographical indication for craft and~~

~~industrial products of this Regulation as laid down in Article 5;~~

~~–~~
~~Registration proposed for registration is generic as laid down in Article 37;~~

~~–~~
~~Registration of the name would be contrary to Article 38 (name wholly or partially~~

~~homonymous);~~

~~–~~
~~Registration of the name would be contrary to Article 39 (existing trademark);~~

~~–~~
~~Registration would jeopardise the existence of names, trademarks or products as~~

~~specified in Article 12(1), point (b)~~

–
**Non compliance with the requirements for protection laid down in this**

**Regulation;**

–
**The geographical indication proposed would be contrary to:**

– **Article 37 on generic terms of Regulation …/…** _**[this Regulation]**_ **;**

– **Article 38 on homonyms of Regulation …/…** _**[this Regulation]**_ **; or**

– **Article 39(1)** **on existing trademarks of Regulation …/…** _**[this Regulation]**_ **;**

–
**The geographical indication proposed would jeopardise the existence of an**

**identical or similar name used in trade or of a trade mark, or the existence of**

**products that have been legally on the market for at least 5 years preceding the**

**date of the publication of the application provided for in Article 18(3)**

**5.** **Details of opposition:**

**[** Provide duly substantiated reasons and justification for the opposition **,** ~~. Provide~~ **which**

**should** also **include** a statement explaining the legitimate interest of the opposition, unless the

opposition is lodged by the national authorities, in which case no statement of legitimate

interest is required. The statement of opposition should be sign ~~be~~ d and dated ~~**]**~~ ~~.~~

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# ANNEXES to the ANNEX COMPET.1 EN