Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2022/0089(COD)**

**INFORMATION NOTE**

From: General Secretariat of the Council

**Brussels, 1 March 2024**
**(OR. en)**

**6827/24**

**CODEC 563**
**AGRI 140**
**AGRISTR 9**
**AGRIORG 20**
**AGRILEG 104**
**PE 29**

To: Permanent Representatives Committee/Council

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

          - Outcome of the European Parliament's first reading
(Strasbourg, 26 to 29 February 2024)

**I.** **INTRODUCTION**

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

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

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

agreement on this file at first reading.

In this context, the Chair of the Committee on Agriculture and Rural Development (AGRI), Norbert

LINS (EPP, DE), presented on behalf of AGRI a compromise amendment (amendment number

286) to the abovementioned proposal for a Regulation, for which Paolo DE CASTRO (S&D, IT)

had prepared a draft report and an amendment (amendment number 287) to the legislative

resolution containing a statement. These amendments had been agreed during the informal contacts

referred to above. No other amendments were tabled.

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

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**II.** **VOTE**

When it voted on 28 February 2024, the plenary adopted the compromise amendment (amendment

number 286) to the abovementioned proposal for a Regulation, as well as amendment number 287

to the legislative resolution. The Commission’s proposal as thus amended constitutes the

Parliament’s first-reading position which is contained in its legislative resolution as set out in the

Annex hereto **[2]** .

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

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

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

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

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**ANNEX**

**(28.2.2024)**

### **P9_TA(2024)0101** **Geographical indications for wine, spirit drinks and agricultural products**

**European Parliament legislative resolution of 28 February 2024 on the proposal for a**
**regulation of the European Parliament and of the Council on European Union**
**geographical indications for wine, spirit drinks and agricultural products, and quality**
**schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU)**
**2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012**
**(COM(2022)0134 – C9-0130/2022 – 2022/0089(COD))**

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

_The European Parliament_,

–
having regard to the Commission proposal to Parliament and the Council
(COM(2022)0134),

–
having regard to Article 294(2) and Articles 43(2) and 118(1) of the Treaty on the
Functioning of the European Union, pursuant to which the Commission submitted the
proposal to Parliament (C9-0130/2022),

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

–
having regard to the opinion of the European Economic and Social Committee of 13
July 2022 **[1]**,

– having regard to the opinion of the Committee of the Regions of 30 November 2022 **[2]**,

–
having regard to the provisional agreement approved by the committee responsible
under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council
representative by letter of 27 November 2023 to approve Parliament’s position, in
accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–
having regard to the opinions of the Committee on Legal Affairs and the Committee on
International Trade,

–
having regard to the report of the Committee on Agriculture and Rural Development
(A9-0173/2023),

1. Adopts its position at first reading hereinafter set out **[3]** ;

**1** OJ C 443, 22.11.2022, p. 116.
**2** OJ C 79, 2.3.2023, p. 74.

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2. Approves the joint statement by Parliament and the Council annexed to this resolution;

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

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

**3** This position replaces the amendments adopted on 1 June 2023 (Texts adopted,

P9_TA(2023)0210).

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**P9_TC1-COD(2022)0089**

**Position of the European Parliament adopted at first reading on 28 February 2024 with**

**a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of**

**the Council on geographical indications for wine, spirit drinks and agricultural**

**products,** _**as well as traditional specialities guaranteed and optional**_ **quality** _**terms**_ **for**

**agricultural products, amending Regulations (EU) No 1308/2013, (EU)** _**2019/787 and**_

_**(EU) 2019/1753**_ **and repealing Regulation (EU) No 1151/2012**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Article 43(2) and the first paragraph of Article 118 thereof,

Having regard to the proposal from the European Commission,

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

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

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

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

**1**
OJ C _**443, 22.11.2022, p. 116**_ .

**2** OJ C _**79, 2.3.2023, p. 74.**_

**3** Position of the European Parliament of 28 February 2024.

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Whereas:

_**(1)**_ _**Over the years, the Union has established quality schemes for products with**_

_**identifiable specific characteristics which cover geographical indications for wine,**_

_**spirit drinks and agricultural products, including foodstuffs, as well as traditional**_

_**specialities guaranteed and optional quality terms for agricultural products,**_

_**including foodstuffs.**_

(2) The European Green Deal, introduced by the Commission in its communication of

11 December 2019, included the design of a fair, _**sustainable, healthier and more**_

environmentally-friendly food system that is _**accessible to all**_ (‘farm to fork’) among

the policies to transform the Union's economy for a sustainable future.

_**(3)**_ _**Geographical indications can play an important role in terms of sustainability,**_

_**including in the circular economy, thereby enhancing their heritage value and**_

_**thus strengthening their role within the framework of national and regional**_

_**policies with a view to meeting the objectives of the European Green Deal.**_

(4) The Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy 

for a fair, healthy and environmentally-friendly food system’, which called for a

transition to sustainable food systems, also called for the strengthening of the

legislative framework on geographical indications and for ▌ the inclusion of specific

sustainability criteria. In that communication, the Commission committed to

strengthening, among other players, the position of producers of products with

geographical indications, their cooperatives and producer organisations in the food

supply chain. _**Focus should be placed on small-scale producers, particularly those**_

_**who best preserve traditional skills and know-how.**_

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(5) 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 undertook to look at ways to strengthen,

modernise, streamline and better enforce geographical indications for agricultural

products, wine and spirit drinks.

(6) The quality and diversity of the Union’s wine, spirit drinks and agricultural _**and food**_

production are one of its important strengths, giving a competitive advantage to the

Union’s producers and making a major contribution to its living cultural and

gastronomic heritage. This is due to the skills and determination of Union producers

who have kept traditions _**and diversity of cultural identities alive as part of the**_

_**Union’s heritage,**_ while taking into account the development of new production

methods and material _**, which have made traditional Union products a symbol of**_

_**quality**_ .

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(7) Citizens and consumers in the Union increasingly demand quality _**, traditional and**_

_**accessible products which have specific qualities and characteristics attributable**_

_**both to their origin and to their manner of production**_ . They are also concerned

about maintaining the diversity _**and security of supply**_ of agricultural _**and food**_

production in the Union. This generates a demand for wine, spirit drinks and

agricultural products, _**including foodstuffs,**_ with identifiable specific characteristics,

in particular those linked to their geographical origin. _**Citizens and consumers are**_

_**increasingly aware of the production conditions that have shaped the reputation**_

_**and identity of such products.**_

_**(8)**_ _**Quality products represent one of the biggest assets that the Union has, both for its**_

_**economy and for its cultural identity. Those products are the strongest**_

_**representation of the ‘made in the EU’ brand, recognisable throughout the whole**_

_**world, which generate growth and preserve the Union’s heritage. Wines, spirit**_

_**drinks and agricultural products, including foodstuffs, are Union assets that need**_

_**to be further strengthened and protected.**_

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_**(9)**_ _**Citizens and consumers expect any geographical indication and quality scheme to**_

_**be backed up by a robust verification and control system, regardless of whether the**_

_**product originates in the Union or a third country.**_

(10) The protection of natural persons in relation to the processing of personal data is a

fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of

the Council **[4]** lays down rules on the protection of natural persons with regard to the

processing of personal data by the Union institutions, bodies, offices and agencies

and on the free movement of such data. ▌ Regulation (EU) _**2016/679**_ of the

European Parliament and of the Council _**[ 5]**_ _**applies to the processing**_ of personal data

_**carried out by Member States**_ in the course of the relevant procedures _**. The roles of**_

the Commission and _**of**_ the Member States _**in relation to the processing of**_ personal

data _**in the procedures they are competent for need to be clearly defined in order to**_

_**ensure a high level of**_ protection ▌ _**.**_

_**(11)**_ _**As a general principle and with a view to minimising the exposure of personal**_

_**data, the documents to be submitted in the course of the relevant procedures**_

_**should not contain personal data. Where this is not possible, information that**_

_**could contain personal data, such as the contact details of natural persons, should**_

_**be submitted in separate specific documents.**_

**4** 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).
_**5**_ _**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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).**_

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_**(12)**_ _**For the purpose of this Regulation, the first and last names of natural persons and**_

_**related contact details could appear in the documents processed by the Commission**_

_**and the Member States in the course of the procedures set out by this Regulation.**_

_**Personal data could appear, albeit rarely, in the procedures for registration,**_

_**amendment or cancellation procedures of geographical indications and traditional**_

_**specialities guaranteed. This can occur at both Member State and Commission**_

_**level, where the name of the producer group concerned, or of the opponent,**_

_**contains the name of a natural person. Personal data could also appear as part of**_

_**the names of recognised producer groups. Such data are processed in relation to**_

_**the designation of those groups and to the inclusion of their names in the Union**_

_**register of geographical indications. Personal data can also appear as part of the**_

_**names of delegated and product certification bodies and natural persons to which**_

_**certain official control tasks have been delegated. Such data are processed in the**_

_**context of the control procedures for geographical indications and traditional**_

_**specialities guaranteed, at both Member State and Commission level. On the other**_

_**hand, personal data are more likely to appear as part of the names of operators**_

_**granted a transitional period in the registration or amendment process of a**_

_**geographical indication or of a traditional speciality guaranteed, at both Member**_

_**State and Commission level. Personal data could also appear as part of the names**_

_**of the producers included in the list of the operators and in the tool delivering the**_

_**attestation of compliance with the product specification, processed by Member**_

_**States in control procedures for geographical indications and for traditional**_

_**specialities guaranteed. The Commission and the Member States could, therefore,**_

_**be obliged to process information that contains personal data, in particular the**_

_**names of natural persons and their related contact details.**_

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_**(13)**_ _**Whenever the Commission and the Member States find it necessary to process**_

_**personal data in accordance with this Regulation, such processing is justified by**_

_**the public interest. Carrying out procedures properly for registration, amendment**_

_**or cancellation of geographical indications and traditional specialities guaranteed**_

_**and control procedures in the framework of this Regulation and of Regulations**_

_**(EU) No 1308/2013**_ _**[6]**_ _**and (EU) 2019/787 of the European Parliament and of the**_

_**Council**_ _**[7]**_ _**is necessary for the correct functioning of the system in protecting**_

_**geographical indications and traditional specialities guaranteed. Those procedures**_

_**are public in nature. Information about the entities concerned is necessary to**_

_**identify their responsibilities in the procedures and to ensure fair competition and**_

_**a level-playing field between the operators. Furthermore, in some cases, processing**_

_**the names of producers and producer groups is indispensable for them to pursue**_

_**their interests or to enjoy their rights.**_

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

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_**The processing of personal data may happen in relation to the granting of a**_

_**transitional period, by the Member States or by the Commission, in the course of a**_

_**procedure of registration or amendment of a geographical indication or traditional**_

_**speciality guaranteed, to the designation of recognised producer groups and the**_

_**inclusion of their names in the Union register of geographical indications, to the**_

_**compilation of the list of the producers of products designated by a geographical**_

_**indication kept by the Member States and to the setting and functioning of the**_

_**system that delivers the attestation of compliance with the product specification. In**_

_**all those cases, the processing of personal data is carried out in the public interest**_

_**and, in some cases, also in the interest of the data subject.**_

_**(14)**_ _**In general, in accordance with this Regulation, information that may contain**_

_**personal data is normally processed in the form of digital or paper documents that**_

_**may be exchanged between the Member States and the Commission or between the**_

_**Member States and the producers or persons concerned, or archived. Such**_

_**information is neither disclosed to third parties nor published. However, in the**_

_**case of opposition procedures, in order to put the applicant and the opponent in**_

_**contact with each other with a view to starting consultations and reaching an**_

_**agreement, the Commission sends them each other’s contact details. Where the**_

_**applicant or the opponent happens to be identified by a name containing the name**_

_**of a natural person, the name and contact details are personal data that need to be**_

_**communicated to a third party.**_

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_**In addition, for the correct achievement of the objectives of the opposition**_

_**procedure, the applicant should be made aware of all of the information sent by**_

_**the opponent to justify its opposition to the registration or amendment or**_

_**cancellation. In addition, the names of the applicants for amendment, persons**_

_**requesting cancellation, producer groups, single producers and beneficiaries of**_

_**transitional period are published or made public. If personal data happen to be**_

_**part of those names, that personal data should also be published. In the case of**_

_**procedures for approval of a Union amendment, the name of the applicant is to be**_

_**published in the Official Journal of the European Union in order to allow the**_

_**potential opponent to challenge its interest in applying for the Union amendment.**_

_**In the case of procedures for cancellation, where the cancellation is requested by a**_

_**natural or legal person established or resident in a third country, the name of the**_

_**natural or legal person requesting the cancellation is to be published in order to**_

_**identify the persons who have activated the procedure for cancellation and to allow**_

_**a potential opponent to challenge their legitimate interest to request cancellation.**_

_**In the case of procedures for standard amendment, where the standard**_

_**amendment is communicated by a natural or legal person established or resident**_

_**in a third country, the name of that person is to be published or made public.**_

_**When entering the information in the Union register of geographical indications,**_

_**the name of the recognised producer group should be made public in that register**_

_**for reasons of transparency and to allow that group to demonstrate its status as the**_

_**recognised producer group for the geographical indication concerned.**_

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_**In the case of publication by the Member States of the names of the delegated**_

_**bodies and natural persons to which official control tasks have been delegated in**_

_**respect of geographical indications and traditional specialities guaranteed**_

_**originating in their territory, and in the case of publication of the names of**_

_**product certification bodies by the Commission in respect of geographical**_

_**indications and traditional specialities guaranteed originating in third countries,**_

_**those names shall be made public in order to allow full transparency of the control**_

_**procedures. In the case of a Commission Regulation or a national act granting a**_

_**transitional period to a producer to allow the use of a geographical indication or a**_

_**traditional speciality guaranteed, the name of that producer should be referred to**_

_**in that Commission Regulation or national act and made public in order to enable**_

_**that producer to exercise the rights that it has been granted and to ensure a level-**_

_**playing field. Within that framework, and for the proper implementation of the**_

_**procedures provided for in this Regulation and in accordance with Regulations**_

_**(EU) 2016/679 and (EU) 2018/1725, the Member States and the Commission**_

_**should be allowed to disclose to third parties or publish such personal data.**_

_**(15)**_ _**Documentation related to the registration of a geographical indication and of a**_

_**traditional speciality guaranteed, in digital or paper form, should be retained for a**_

_**period of 10 years after cancellation of the registration, in order to ensure the**_

_**retention of historical information and to allow comparison with possible**_

_**subsequent applications concerning the same or similar names. If personal data**_

_**are part of that documentation, those personal data should also be retained.**_

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(16) For the purpose of applying Regulation (EU) 2018/1725, the Commission is the

authority with whom the _**data subject**_ may exercise the related rights, by sending

comments, raising questions or concerns, or submitting a complaint regarding the

collection and use of the personal data. It should, therefore, be clarified that the

Commission is considered as the controller within the meaning of Regulation (EU)

2018/1725 in relation to the processing of personal data in the procedures for which

it is responsible under this Regulation, Regulations (EU) No 1308/2013 and (EU)

2019/787 and the provisions adopted pursuant to this Regulation and to those

Regulations. _**When maintaining and keeping up-to-date the Union register of**_

_**geographical indications, the European Union Intellectual Property Office**_

_**(‘EUIPO’) should act as processor. EUIPO should not have any discretion to**_

_**affect the purpose and the essential elements of the personal data processing.**_

(17) ▌ For the purpose of applying _**Regulation (EU) 2016/679,**_ the competent authorities

of the Member States are the authorities with whom the _**data subject**_ may exercise

the related rights, by sending comments, raising questions or concerns, or submitting

a complaint regarding the collection and use of the personal data. It should, therefore,

be clarified that the Member States are considered as controllers within the meaning

of Regulation (EU) 2016/679 in relation to the processing of personal data in the

procedures for which they are responsible under this Regulation, Regulations (EU)

No 1308/2013 and (EU) 2019/787 and the provisions adopted pursuant to this

Regulation and to those Regulations.

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(18) Ensuring uniform recognition and protection throughout the Union for the

intellectual property rights related to names protected in the Union is a priority that

can be effectively achieved only at Union level. ▌ A unitary and _**exhaustive**_ system

of geographical indications therefore needs to be provided for _**in Union law**_ .

Geographical indications are a collective right held by all eligible producers in a

designated area willing to adhere to a product specification. ▌

_**(19)**_ _**Producers acting collectively have more powers than individual producers and take**_

_**collective responsibilities to manage their geographical indications, including**_

_**responding to societal demands for products resulting from sustainable**_

_**production. Similarly, the collective organisation of the producers of a product**_

_**designated by a geographical indication can better ensure a fair distribution of the**_

_**value added amongst the actors in the supply chain, to provide a fair income to**_

_**producers, which covers their costs and allows them to invest further in the quality**_

_**and sustainability of their products. The use of geographical indications rewards**_

_**producers fairly for their efforts in producing a diverse range of quality products.**_

_**At the same time, that can benefit the rural economy, which is particularly the case**_

_**in areas with natural or other specific constraints, such as mountain areas and**_

_**remote regions, including the outermost regions, where the farming sector**_

_**accounts for a significant part of the economy and production costs are high. In**_

_**that way, quality schemes are able to contribute to and complement rural**_

_**development policy as well as market and income support policies of the common**_

_**agricultural policy (‘the CAP’). In particular, they may contribute to developments**_

_**in the farming sector and, especially, disadvantaged areas.**_

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_**The Commission communication of 30 June 2021 entitled ‘A long-term vision for**_

_**the EU’s Rural Areas - Towards stronger, connected, resilient and prosperous**_

_**rural areas by 2040’ recognises the key role of geographical indications among the**_

_**flagship initiatives that promote rural areas, in view of their contribution to the**_

_**prosperity, economic diversification and development of rural areas and the strong**_

_**association between a product and its territorial origin. A Union framework that**_

_**protects geographical indications by providing for their inclusion in a register at**_

_**Union level facilitates the development of the agricultural sector, since the**_

_**resulting, more uniform approach ensures fair competition between the producers**_

_**of products bearing such indications and enhances the credibility of products from**_

_**the perspective of consumers. The system of geographical indications aims at**_

_**enabling consumers to make more informed purchasing choices and, through**_

_**labelling and advertising, helping them to correctly identify their products on the**_

_**market.**_

_**(20)**_ _**A unitary and exhaustive system of geographical indications should contribute**_

_**significantly to increased awareness, recognition and consumer understanding,**_

_**both in the Union and in third countries, of the symbols, indications and**_

_**abbreviations demonstrating participation in Union quality schemes and their**_

_**added value. That system could strengthen and facilitate the promotion, under**_

_**Regulation (EU) No 1144/2014 of the European Parliament and of the Council**_ _[8]_ _**,**_

_**of products designated by geographical indications.**_

**8** _**Regulation (EU) No 1144/2014 of the European Parliament and of the Council**_
_**of 22 October 2014 on information provision and promotion measures concerning**_
_**agricultural products implemented in the internal market and in third countries and**_
_**repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56).**_

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_**(21)**_ _**Geographical indications, being a type of intellectual property right, help operators**_

_**and companies valorise their intangible assets. In order to avoid creating unfair**_

_**conditions of competition and to sustain the internal market, any producer,**_

_**including a third country producer, should be able to use a registered name and**_

_**market products designated by geographical indications throughout the Union and**_

_**in electronic commerce, provided that the product concerned complies with the**_

_**requirements of the relevant specification and that the producer is covered by a**_

_**system of controls. In light of the experience gained from the implementation of**_

_**Regulations (EU) No 1308/2013 and (EU) 2019/787 and Regulation (EU) No**_

_**1151/2012 of the European Parliament and of the Council**_ _[9]_ _**, there is a need to**_

_**address certain legal issues, to clarify and simplify certain rules and to streamline**_

_**the procedures.**_

(22) _**For the purpose of regulating geographical indications for agricultural products**_

_**and foodstuffs, it is appropriate to define the**_ agricultural products _**and foodstuffs**_

_**concerned in such a way as to take into account**_ the international _**regulatory**_

framework, _**namely the World Trade Organization (WTO) Agreement on**_

_**Agriculture, while respecting the scope**_ of the _**agricultural products as listed in**_

_**Annex I to the Treaty on the Functioning of the European Union (TFEU).**_

_**Therefore, reference to the**_ Combined Nomenclature _**established by Council**_

_**Regulation (EEC) No 2658/87**_ _**[10]**_ should be _**made. Thus, the agricultural products**_

_**and foodstuffs should include the products falling within the scope of Chapters 1**_

_**to 23 of the Combined Nomenclature, including the products listed in Annex I to**_

_**this Regulation**_ .

**9** _**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).**_
**10** _**Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical**_
_**nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).**_

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_**(23)**_ _**The Union's quality policy should contribute to enabling the transition to a**_

_**sustainable food system and should respond to societal demands for sustainable,**_

_**environmentally and climate-friendly, animal welfare-ensuring, resource-efficient,**_

_**socially and ethically responsible production methods. Producers of products**_

_**designated by geographical indications should be encouraged to adhere to**_

_**sustainable practices, encompassing environmental, social and economic**_

_**objectives, that go beyond mandatory standards. Such practices could be set out in**_

_**the product specification or in a separate initiative. The sustainability practices**_

_**included in the product specification should relate to at least one of the three main**_

_**types of sustainability: namely environmental, social and economic.**_

_**(24)**_ _**Sustainability practices should contribute to one or more environmental, social or**_

_**economic objectives. The environmental objectives should include climate change**_

_**mitigation and adaptation, the conservation and sustainable use of soil, landscape,**_

_**water and natural resources, the preservation of biodiversity, the conservation of**_

_**rare seeds, local breeds and plant varieties, the promotion of short supply chains**_

_**and the management and promotion of animal welfare. The social objectives**_

_**should include the improvement of working and employment conditions, as well as**_

_**collective bargaining, social protection and safety standards, attracting and**_

_**supporting both young and new producers of products designated by a**_

_**geographical indication, in order to ease generational renewal and facilitate the**_

_**solidarity and transmission of knowledge across generations. The economic**_

_**objectives should include securing a stable and fair income and a strong position**_

_**across the value chain for producers of products designated by a geographical**_

_**indication, improving the economic value of products designated by a geographical**_

_**indication and the redistribution of added value along the value chain,**_

_**contributing to the diversification of the rural economy and to local development,**_

_**including agricultural employment, and preserving rural areas.**_

_**(25)**_ _**In order to give visibility to the efforts of the producers of products designated by**_

_**geographical indications in relation to sustainability, producer groups or**_

_**recognised producer groups may prepare sustainability reports in which they**_

_**communicate the sustainable practices applied in the production of the product**_

_**concerned. Those reports should be made public by the Commission.**_

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(26) The Union has for some time aimed at simplifying the regulatory framework of the

CAP. _**The procedures for amending product specifications for products designated**_

_**by a**_ geographical _**indication have already been simplified and made more efficient**_

_**for wine and agri-food products as part of the review of the CAP,**_ in particular

through the extension of the ‘standard amendments’ regime, which was previously

applicable in the wine and the spirit drinks sector, to the agricultural products sector.

That reduces the steps for the approval of amendments that neither concern essential

elements of the product specification nor impact the interests of third parties

established or resident in Member States other than the Member State of origin of the

geographical indication concerned. In order to _**further**_ simplify the lengthy

procedures for registration, Union amendment and cancellation of the registration,

harmonised procedural rules for geographical indications for wine, spirit drinks and

agricultural products should be laid down in a single legal instrument, while

maintaining product specific provisions for wine in Regulation (EU) No 1308/2013,

for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this

Regulation. The procedures for registration, Union amendments to the product

specification and cancellation of the registration in respect of geographical

indications originating in the Union, including opposition procedures, should be

carried out by the Member States and the Commission. The Member States and the

Commission should be responsible for distinct stages of each procedure. However,

with respect to the approval of standard amendments, Member States should be

solely responsible for managing the procedure and adopting the final decision.

Member States should be responsible for the first stage of the procedure, which

consists of receiving the application from the producer group, assessing it, including

running a national opposition procedure, and, following the results of the assessment,

submitting the application to the Commission. The Commission should be

responsible for examining the application in the second stage of the procedure,

including running a worldwide opposition procedure, and taking a decision on

whether or not to grant protection to the geographical indication _**. Deadlines for**_

_**lodging an opposition should be set with a view to ensuring the full exercise of the**_

_**right of opposition without delaying the registration process. It should be possible**_

_**for the opponent to add further details to the grounds set out in the opposition in**_

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_**the course of the consultations with the applicant**_ . Geographical indications should

be registered only at Union level. However, with effect from the date of application

with the Commission for registration at Union level, Member States should be able

to grant transitional protection at national level without affecting the internal market

or international trade. The protection afforded by this Regulation upon registration

should be equally available to geographical indications of third countries that meet

the corresponding criteria and that are protected in their country of origin. The

Commission should carry out the corresponding procedures for geographical

indications of products originating in third countries.

_**(27)**_ _**In order to allow Member States, third countries and natural or legal persons**_

_**established or resident in a third country to bring to the attention of the**_

_**Commission any error or additional information in relation to an application for**_

_**registration, the possibility of submitting a notice of comments should be provided**_

_**for.**_

▌

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(28) To ensure coherent _**and efficient**_ decision-making as regards applications for

protection and judicial challenges▌ submitted in the national procedure, the

Commission should be informed in a timely and regular manner where procedures

are launched before national courts or other bodies concerning an application for

registration forwarded by the Member State to the Commission, and of the final

results of those procedures. For the same reason, where a Member State considers

that a national decision on which the application for protection is based is likely to be

invalidated as a result of national judicial proceedings, it should inform the

Commission of that assessment. If the Member State requests the suspension of the

examination of an application at Union level, the Commission should be exempted

from the obligation to meet the deadline for examination established in this

Regulation. 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.

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(29) To allow operators, whose interests are affected by the registration of a name, to

continue to use that name for a limited period of time, although the use of that name

would be in breach of the protection regime established in _**this Regulation**_, specific

derogations for the use of the names in the form of transitional periods should be

granted. Such periods should 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.

(30) To ensure transparency and uniformity across Member States, it is necessary to

establish and maintain _**a single**_ electronic Union register of geographical indications,

registered as protected designations of origin or protected geographical indications.

The _**regularly updated**_ register should provide information to consumers and to those

involved in trade _**on all types of geographical indications entered in that register**_ .

The register should be an electronic database stored within an information system

and should be accessible to the public. _**The EUIPO, drawing on its experience in**_

_**managing other intellectual property rights registers, should maintain and keep**_

_**the Union register up-to-date with respect to registrations, amendments and**_

_**cancellations of geographical indications.**_

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(31) The Union negotiates international agreements, including those that _**enhance**_ the

protection of designations of origin and geographical indications with its trade

partners. In order to facilitate the provision to the public of information about the

names protected by those international agreements, and in particular to ensure the

protection and control of the use to which those names are put, those names may be

entered in the Union register of geographical indications. Unless specifically

identified as designations of origin in such international agreements, the names

should be entered in the register as protected geographical indications.

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

other operators concerned, authorities and consumers can quickly and easily have

access to the relevant information concerning a registered protected designation of

origin or protected geographical indication. That information should include, where

applicable, the information on the identity of the producer group recognised at

national level.

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(33) Protection should be granted to names entered in the Union register of geographical

indications with the aim of ensuring that they are used fairly and in order to prevent

practices liable to mislead consumers. ▌To strengthen the protection of geographical

indications and to combat _**infringements**_ more effectively, the protection of

designations of origin and geographical indications should ▌ apply to _**all**_ domain

names _**that are accessible in the Union, irrespective of the place of establishment of**_

_**the relevant registries.**_

(34) To establish whether products are comparable to the products designated by a

geographical indication, account should be taken of all relevant factors. Those factors

should include whether the products have common objective characteristics, such as

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.

_**(35)**_ _**Building on the established case-law of the Court of Justice of the European**_

_**Union, evocation of a geographical indication may arise, in particular, where a**_

_**link with the product designated by the registered geographical indication,**_

_**including with reference to a term, sign, or other labelling or packaging device, is**_

_**present in the mind of the average European consumer who is reasonably well-**_

_**informed, observant and circumspect.**_

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(36) In light of commercial practices and Union case-law, clarity is required on the use of

a geographical indication in the sale name of a processed product of which the

product designated by the geographical indication is an ingredient. It should be

ensured that such use is made in accordance with fair commercial practices and does

not weaken, dilute or is not detrimental to the reputation of the product bearing the

geographical indication. _**To that end, conditions for the qualities attributed by the**_

_**geographical indication as ingredient to the processed food should be added.**_

_**Moreover, the producers of prepacked food should notify the recognised producer**_

_**group, where such a group exists, before starting to use the geographical**_

_**indication in the name of the prepacked food. Such approach is in line with the**_

_**objectives of strengthening the protection of the**_ geographical indications _**and**_

_**enhancing the role of the recognised producer groups. With a view to the**_

_**attainment of those objectives, Member States**_ should be _**able to maintain or**_

_**introduce additional national procedural rules applicable to internal situations**_

_**where the producer of prepacked food and the recognised producer group are**_

_**established on the territory of that Member State, in line with the Treaties and the**_

_**case-law, and without hampering the free movement of goods and the freedom of**_

_**establishment. Furthermore, respecting the principle of contractual freedom, the**_

_**recognised producer group and the producer of prepacked food may conclude an**_

_**agreement between them about specific technical and visual elements of the**_

_**presentation of the geographical indication of the ingredient in the name of the**_

_**prepacked food**_ .

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(37) Rules concerning the continued use of generic _**terms**_ should be clarified so that

generic terms that are similar to or form part of a name or term that is protected

should retain their generic status.

(38) The scope of the protection granted under this Regulation should be clarified, in

particular with regard to those limitations on registration of new trade marks set out

in Directive (EU) 2015/2436 of the European Parliament and of the Council _**[11]**_ _**and in**_

_**Regulation (EU) 2017/1001 of the European Parliament and of the Council**_ _**[12]**_ that

conflict with the registration of geographical indications. Such clarification is also

necessary with regard to the holders of prior intellectual property rights, in particular

those concerning trade marks and homonymous names registered as geographical

indications.

_**(39)**_ _**The relationship between trade marks and geographical indications should be**_

_**clarified with regard to criteria for the rejection of trade mark applications, the**_

_**invalidation of trade marks and the coexistence between trade marks and**_

_**geographical indications.**_

_**(40)**_ _**Geographical indications can also be registered as trade marks in cases where this**_

_**does not contravene this Regulation. To that end, this Regulation does not affect**_

_**national rules as regards the accounting valuation of those trade marks and their**_

_**inclusion in the annual balance sheet of producers and producer groups.**_

**11** 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).
**12** 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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(41) Producer groups play an essential role in the application process for the registration

of geographical indications _**and in the management of their geographical**_

_**indications. Producer groups may be assisted**_ in the _**preparation of their**_

_**application by interested parties such as regional and local authorities. Producer**_

_**groups**_ should be equipped with the means to better identify and market the specific

characteristics of their products. The role of the producer group should therefore be

clarified.

(42) As producers of products bearing geographical indications are mostly small or

medium- sized enterprises, they face competition from other operators along the food

supply chain which can create unfair competition between local producers and those

operating on a more extended scale. In this context, in the interest of all the

producers concerned, it is necessary to allow one single producer group to perform

specific actions in the name of the producers. _**For**_ that purpose, the category of the
recognised producer group should be established ▌. _**In addition to the general rules**_

_**on producer groups, which should apply accordingly also to recognised producer**_

_**groups, it is**_ necessary to _**define the criteria to**_ qualify as a recognised producer

group and the related specific additional rights, in particular in order to provide

recognised producer groups with the right tools to better enforce their intellectual

property rights against unfair _**and devaluating**_ practices. _**In that regard, the**_

_**recognised producer groups should be able to represent all producers of the**_

_**products designated by geographical indications concerned and to act on their**_

_**behalf. They should also be entrusted with exercising certain specific tasks listed in**_

_**this Regulation, particularly because the effect or the scale of those tasks concerns**_

_**all such producers. To that end, the division between national, regional and local**_

_**levels is understood in accordance with the Member States’ constitutional**_

_**structure and national law. The provisions on recognised producer groups are**_

_**inspired by the long-established systems in several Member States. Those existing**_

_**systems show that the recognised producer group is a valuable instrument in**_

_**enhancing the collective management and protection of geographical indications,**_

_**which should be maintained. Accordingly, this Regulation should give the**_

_**necessary regulatory tools to Member States wishing to establish such systems at**_

_**any time.**_

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_**(43)**_ _**A single producer group should also be recognised, upon agreement of the**_

_**Member States concerned, in the case of geographical indications whose**_

_**geographical area extends to more than one Member State. In view of the Protocol**_

_**on Ireland and Northern Ireland to the Agreement on the withdrawal of the United**_

_**Kingdom of Great Britain and Northern Ireland from the European Union and the**_

_**European Atomic Energy Community**_ _[13]_ _**, the same should apply where the territory**_

_**of Northern Ireland is concerned.**_

_**(44)**_ _Given the valuable and continued contribution of associations of producer groups to_

_the promotion and popularisation of the system of geographical indications, the role_

_and functions of such associations should be laid down._

(45) With a view to improving the enforcement of geographical indications in the market,

the relationship between internet domain names and protection of geographical

indications should be clarified as regards the scope of application of the remedy

measures, the recognition of geographical indications in dispute resolution, and the

fair use of domain names. _**Alternative dispute resolution systems of country-code**_

_**top-level domain name registries throughout the Union**_ should _**acknowledge**_

_**geographical indications as a right to be invoked during such disputes**_ .

▌

**13** OJ C 384 I, 12.11.2019, p. 1.

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(46) In order to avoid creating unfair conditions of competition, any _**operator**_, including a

third-country _**operator**_, should be able to use a registered geographical indication,

provided that the product concerned complies with the requirements of the relevant

product specification ▌. The system set up by the Member States should also ensure

that _**operators**_ complying with the rules are entitled to be covered by the verification

of compliance with the product specification.

(47) The symbols, indications and abbreviations identifying a registered geographical

indication, and the rights therein pertaining to the Union, should be protected in the

Union as well as in third countries with the aim of ensuring that they are used on

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

(48) The labelling of ▌ spirit drinks and agricultural products should be subject to the

general rules laid down in Regulation (EU) No 1169/2011 of the European

Parliament and of the Council [14], and in particular the provisions aimed at preventing

labelling that may confuse or mislead consumers.

14 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of
25 October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament
and of the Council, and repealing Commission Directive 87/250/EEC, Council
Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of
the European Parliament and of the Council, Commission Directives 2002/67/EC and
2008/5/EC and Commission Regulation (EC) No 608/2004 _**(OJ L 304, 22.11.2011, p.**_
_**18).**_

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(49) The use of Union symbols ▌ on the packaging _**(labelling and advertising material)**_

of agricultural products designated by a geographical indication should be made

obligatory in order to make that category of products, and the guarantees attached to

them, better known to consumers and to permit easier identification of those products

on the market, thereby facilitating checks. ▌In view of _**their**_ specific nature ▌,

special provisions concerning labelling should be maintained for ▌ spirit drinks. The

use of _**Union**_ symbols or indications should remain voluntary for third country

geographical indications and designations of origin _**for agricultural products**_ .

_**Labelling rules concerning protected designations of origin (‘PDO’) and protected**_

_**geographical indications (‘PGI’) in the wine sector should be maintained in**_

_**Regulation (EU) No 1308/2013 while clarifying that the abbreviations ‘PDO’ and**_

_**‘PGI’ can also be added on the label.**_

_**(50)**_ _**In order to give visibility to the producers of products designated by geographical**_

_**indications, it should be mandatory to indicate on the label the name of the**_

_**producer or, in the case of agricultural products, the name of the operator.**_

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(51) The added value of geographical indications is based on consumer trust. The system

of geographical indications relies significantly on self-control, due diligence and

individual responsibility of producers, while it is the role of the competent authorities

of the Member States to take the necessary steps to prevent or stop the use of names

of products which are in breach of the rules governing geographical indications. The

role of the Commission is _**to audit the Member States based on a risk analysis.**_

Geographical indications should be subject to the system of official controls, in

accordance with the principles set out in Regulation (EU) 2017/625 of the European

Parliament and of the Council [15], which should include a system of controls at all

stages of production, processing and distribution. Each operator should be subject to

a control system that verifies compliance with the product specification. Taking into

account that wine is subject to specific controls _**laid down in Regulation (EU) No**_

_**1308/2013**_, this Regulation should lay down controls for spirit drinks and agricultural

products only.

15 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March
2017 on official controls and other official activities performed to ensure the
application of food and feed law, rules on animal health and welfare, plant health and
plant protection products, amending Regulations (EC) No 999/2001, (EC) No
396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the
Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and
repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European
Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC,
90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision
92/438/EEC (Official Controls Regulation) _**(OJ L 95, 7.4.2017, p. 1).**_

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(52) In order to ensure that they are impartial and effective, the competent authorities

designated to perform the verification of the compliance with the product

specification should meet a number of operational criteria. Provisions on delegating

_**certain official**_ control tasks to _**delegated and**_ product certification bodies _**and**_

_**natural persons**_ should be envisaged to facilitate the task of the control authorities

and make the system more effective. _**Information on the competent authorities,**_

_**delegated and product certification bodies and natural persons should be made**_

_**public to ensure transparency and allow interested parties to contact them.**_

▌

(53) European standards developed by the European Committee for Standardisation and

international standards developed by the International Organisation for

Standardisation should be used for the accreditation of the _**delegated and product**_

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

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

of the European Parliament and of the Council **[16]** .

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

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(54) Enforcement of geographical indications in the _**market, in accordance with**_

_**Regulation (EU) 2017/625,**_ is important to prevent fraudulent and deceptive

practices _**and to allow the effective combating of counterfeiting,**_ thus ensuring that

producers are properly rewarded for the added value of their products bearing a

geographical indication and that illegal users of those geographical indications are

prevented from selling their products. Controls _**on the market**_ should be carried out

based on risk assessment or notifications from operators _**or competent authorities to**_

_**ensure compliance with the product specification or single document or an**_

_**equivalent to the latter, such as the summary of the product specification**_ .

Appropriate _**effective and proportionate**_ administrative and judicial steps should be

taken to prevent or stop the use of names on products or services that _**fail to respect,**_

_**or**_ contravene _**,**_ the protected geographical indications.

_**(55)**_ _**Furthermore, given the increased use of online intermediary services, the**_

_**enforcement of the protection of geographical indications against domains names**_

_**that contravene that protection deserves particular attention. It is necessary to**_

_**equip the competent national authorities with the tools to react properly to a**_

_**violation, established under this Regulation, of the protection of a geographical**_

_**indication, by a registered domain name. Therefore, when exercising their official**_

_**control tasks, those authorities should be able to take appropriate steps with a view**_

_**to disabling access from the territory of the Member State concerned to domain**_

_**names registered in breach of the protection of geographical indications, taking**_

_**into account the principle of proportionality and the rights and interests of the**_

_**affected parties. Such steps should be in line with other relevant Union law such as**_

_**Regulation (EU) 2022/2065 of the European Parliament and of the Council**_ _[17]_ _**.**_

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

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(56) _**Intermediary services, in particular**_ online platforms, have become increasingly

used for the sales of products, including those designated by geographical

indications, and in some cases they might represent an important space as regards

preventing fraud. _**Information related to the advertising, promotion and sale of**_

_**goods that contravenes the protection of geographical indications should be**_

_**considered illegal**_ content under Regulation (EU) _**2022/2065. In that regard, this**_

_**Regulation provides for the identification of such illegal content and for possible**_

_**measures to be taken by national authorities**_ .

(57) Taking into account that a product designated by the geographical indication

produced in one Member State might be sold in another Member State,

administrative assistance between Member States should be ensured to allow

effective controls, and the practicalities of that administrative assistance should be

laid down.

(58) For the optimal functioning of the internal market, it is important that producers

quickly and easily demonstrate in several contexts that they are authorised to use a

protected name, such as during customs controls or market inspections, or on

demand by trade operators. For that purpose, an _**attestation of compliance with**_ the

product _**specification**_ should be _**made available to the operator**_ .

▌

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(59) In the light of existing practice, the two different instruments for identifying the link

between the product and its geographical origin, namely the designation of origin and

the geographical indication, should be maintained. Rules for and definitions of plant

varieties and animal breeds should be clarified to better understand their relationship

to geographical indications in the event of conflict. Rules on sourcing of feed and of

raw materials should remain unchanged.

_**(60)**_ _**For protected designations of origin, the link between the geographical**_

_**environment and the specific quality or characteristics of the product which are**_

_**essentially or exclusively attributable to that environment, is generally composed of**_

_**several elements. Temporary amendments suspending for a limited period of time**_

_**the requirement to source the minimum threshold of 50 % of feed from within the**_

_**geographical area should be adopted only where they do not affect the link in the**_

_**entirety of its elements, because that would void it and would allow the marketing,**_

_**under the protected name, of products that are totally deprived of the specific**_

_**quality or characteristics linked to the geographical area.**_

(61) A product bearing a geographical indication should meet certain conditions set out in

the product specification. For such information to be easily understandable also for

interested parties, the product specification should be summarised in a single

document.

▌

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(62) The specific objective of the scheme for traditional specialities guaranteed is to help

the producers of traditional products to communicate the value-adding attributes of

their product to consumers. In order to avoid creating unfair conditions of

competition, any producer, including a producer from a third country, should be able

to use a registered name of a traditional speciality guaranteed, provided that the

product concerned complies with the requirements of the relevant specification and

the producer is covered by a system of controls.

_**(63)**_ _**In the absence of any general international obligation to recognise traditional**_

_**specialities guaranteed schemes that may exist in third countries, and since this**_

_**Regulation is applicable solely within the Union, the traditional practices**_

_**concerning the mode of production, processing or composition and the traditional**_

_**uses of raw materials or ingredients of a product designated by a name eligible for**_

_**registration as a traditional speciality guaranteed should be understood as**_

_**referring to such practices or uses within the Union. That should also apply to**_

_**applications originating in third countries.**_

(64) As only a few names have been registered, the current scheme for traditional

specialities guaranteed has failed to realise its potential. Current provisions should

therefore be improved, clarified and sharpened in order to make the scheme more

understandable, operational and attractive to potential applicants. To ensure that

names of genuine traditional products are registered, the criteria and conditions for

the registration of a name should be adapted, in particular by removing the condition

that traditional specialities guaranteed must have a specific character.

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(65) To ensure that traditional specialities guaranteed comply with their specification and

are consistent, producers organised into groups should themselves define the product

in a specification. The option of registering a name as a traditional speciality

guaranteed should be open to third country producers.

(66) To ensure transparency, traditional specialities guaranteed should be entered in the

Union register of traditional specialities guaranteed.

(67) For traditional specialities guaranteed produced within the Union, the Union symbol

should be indicated on the labelling and it should be possible to associate it with the

indication ‘traditional speciality guaranteed’. The use of the names, the Union

symbol and the indication should be regulated _**accordingly**_ to ensure a uniform

approach across the internal market.

(68) Traditional specialities guaranteed should be effectively protected on the market so

that their producers are properly rewarded for their added value and that illegal users

of traditional specialities guaranteed are prevented from selling their products.

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(69) In order to avoid misleading consumers, registered traditional specialities guaranteed

should be protected against any misuse or imitation, including as regards products

used as ingredients, or against any other practice liable to mislead the consumer.

Pursuing the same objective, rules should be laid down for specific uses of traditional

specialities guaranteed, in particular as regards the use of terms that are generic in the

Union, labelling which contains or comprises the denomination of a plant variety or

animal breed and trade marks.

(70) The procedures for registration, amendments to the product specification and

cancellation of the registration in respect of traditional specialities guaranteed

originating in the Union, including opposition procedures, should be carried out by

the Member States and the Commission. The Member States and the Commission

should be responsible for distinct stages of each procedure. Member States should be

responsible for the first stage of the procedure, which consists of receiving the

application from the producer group, assessing it, including running a national

opposition procedure, and, following the results of the assessment, submitting the

application for registration at Union stage to the Commission. The Commission

should be responsible for examining the application, including running a worldwide

opposition procedure, and taking a decision on granting the traditional specialities

guaranteed protection or not. The protection afforded by this Regulation upon

registration should be equally available to traditional specialities guaranteed from

third countries that meet the corresponding criteria and that are protected in their

country of origin. The Commission should also carry out the corresponding

procedures for traditional specialities guaranteed originating in third countries.

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(71) The optional quality terms scheme was introduced by Regulation (EU) No

1151/2012. It refers to specific horizontal characteristics, of one or more categories

of products, farming methods or processing attributes which apply in specific areas.

The optional quality term ‘mountain product’ met the conditions laid down for

optional quality terms and was established by that Regulation. That term provided

mountain producers with an effective tool to better market their product and to

reduce the actual risks of consumer confusion as to the mountain provenance of

products on the market. The possibility for producers to use optional quality terms

should be maintained, as the scheme has not yet reached its full potential in the

Member States.

▌

(72) Provisions concerning geographical indications for wine set out in Regulation (EU)

No 1308/2013 and for spirit drinks set out in Regulation (EU) 2019/787 need to be

amended in order to align them with the common rules on registration, amendment,

opposition, cancellation _**,**_ ▌protection _**and enforcement**_ of the geographical

indications and, for spirit drinks, on controls set out in this Regulation.

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_**(73)**_ For wine, additional changes are needed to the definition of protected geographical

indications _**to bring it**_ in line with the _**WTO**_ Agreement on _**Trade-Related Aspects of**_

Intellectual Property _**Rights (TRIPS), which does not define as an exceptional case**_

_**a geographical indication with a geographical area corresponding to the whole**_

_**territory of a country. While it is no longer necessary to justify as an exceptional**_

_**case a protected geographical indication in the wine sector covering the whole area**_

_**of a country, such a designation merits, nonetheless, careful examination in the**_

_**light**_ of the _**conditions of registration, in particular as regards very large areas**_ . _**The**_

_**alignment with the definition of geographical indication in TRIPS should not lead**_

_**to the registration of imaginative or fictitious names in the wine sector. A name**_

_**should be considered eligible for registration where, although not including any**_

_**geographical term, it reveals implicitly the place, region or country the product**_

_**originates from.**_

_**(74)**_ _**Regulation (EU) 2019/1753 of the European Parliament and of the Council**_ _**[18]**_ _**,**_

_**concerning the implementation of the Geneva Act**_ of the Lisbon Agreement on

Appellations of Origin and Geographical Indications (‘the Geneva Act’) _**in the**_

_**Union, needs to be amended in order to enhance the role of the recognised**_

_**producer group in the procedure of registration of geographical indications of the**_

_**Union in the international register under the Geneva Act. Regulation (EU)**_

_**2019/1753 should also be adapted to allow the registration under the Geneva Act**_

_**of the appellations of origin of the seven Member States which are parties to the**_

_**Lisbon Agreement related to products which do not fall within the scope of**_

_**Regulation (EU) No 1151/2012 but which fall within the scope of this Regulation.**_

_**18**_ _**Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23**_
_**October 2019 on the action of the Union following its accession to the Geneva Act**_
_**of the Lisbon Agreement on Appellations of Origin and Geographical Indications**_
_**(OJ L 271, 24.10.2019, p. 1).**_

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(75) In order to supplement or amend certain non-essential elements of this Regulation,

the power to adopt acts in accordance with Article 290 of the TFEU should be

delegated to the Commission in respect of the following: _**providing detailed**_

_**procedures and deadlines**_ for the ▌opposition procedure _**; setting out provisions on**_

_**Union**_ amendments to ▌ product _**specifications of**_ geographical indications _**for**_

_**which no single document was published, on admissibility of applications for**_

_**Union amendments, on the relationship between Union and standard amendments,**_

_**and on standard amendments**_ ; laying down additional rules on the use of

geographical indications _**in the name of**_ processed products _**with reference to the**_

_**use of comparable ingredients and the criteria of conferring essential**_

_**characteristics on the processed products**_ ; _**entrusting the EUIPO to establish and**_

_**manage a domain name information and alert system;**_ establishing restrictions and

derogations with regard to the slaughtering of live animals or with regard to the

sourcing of raw materials; laying down rules for determining the use of the

denomination of a plant variety or of an animal breed; laying down rules which limit

the information contained in the product specification for geographical indications

and traditional specialities guaranteed; laying down further details of the eligibility

criteria for traditional specialities guaranteed; _**complementing the**_ rules _**for the**_

_**opposition procedure**_ for traditional specialities guaranteed _**to establish detailed**_

_**procedures and deadlines; supplementing**_ the rules _**regarding the amendment**_

application process for traditional specialities guaranteed _**;**_

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_**supplementing**_ the rules _**on the use of**_ traditional specialities guaranteed _**in the name**_

_**of processed products with reference to the use of comparable ingredients and the**_

_**criteria of conferring essential characteristics on the processed products**_ ; laying

down detailed rules relating to the criteria for optional quality terms; reserving an

additional optional quality term, laying down its conditions of use; laying down

derogations to the use of the term ‘mountain product’ and establishing the methods

of production, and other criteria relevant for the application of that optional quality

term, in particular, laying down the conditions under which raw materials or

feedstuffs are permitted to come from outside the mountain areas. It is of particular

importance that the Commission carry out appropriate consultations during its

preparatory work, including at expert 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 **[19]** . 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.

_**(76)**_ _**To implement the rules laid down in this Regulation relating to geographical**_

_**indications, traditional specialities guaranteed and optional quality terms, the**_

_**Commission should be assisted by a committee, composed of the delegates of the**_

_**Member States.**_

**19** OJ L 123, 12.5.2016, p. 1.

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

implementing powers should be conferred on the Commission in respect of the

following:

       - as regards geographical indications: specifying the technical presentation of,

and online access to, the classification of the products designated by

geographical indications in accordance with the Combined Nomenclature;

specifying ▌ the format and online presentation of the accompanying

documentation and providing for the exclusion or anonymisation of ▌

personal data; laying down detailed rules on procedures, the form and

presentation of applications for registration at Union stage, including

applications concerning more than one national territory; specifying the

format and ▌ presentation of oppositions ▌ and providing for the exclusion

or anonymisation of ▌ personal data; _**specifying the format and**_

_**presentation of notices of comments;**_ granting a transitional period to allow

the use of a registered name alongside other names that would otherwise

contravene with a registered name and extending such transitional period;

rejecting the application; deciding on the registration of a geographical

indication if an agreement has not been reached; registering geographical

indications pertaining to products of third countries that are protected in the

Union under an international agreement, to which the Union is a contracting

party; specifying the content and presentation of the Union register of

geographical indications; specifying the format and online presentation of

extracts from the Union register of geographical indications, and providing

for the exclusion or anonymisation of ▌ personal data; laying down detailed

rules on procedures, form and presentation of applications for a Union

amendment and on procedures, form and communication to the Commission

of a standard amendment; cancelling the registration of a geographical

indication; laying down detailed rules on procedures and form of the

cancellation of a registration and on the presentation of cancellation

requests;

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_**removing from**_ the Union _**register any**_ geographical indications _**registered**_

_**in breach of the provisions on homonymous names;**_ specifying the

technical characteristics of the Union symbols as well as _**technical**_ rules of

their use and the use of the indications and abbreviations on products

marketed under a registered geographical indication, including _**linguistic**_

_**versions; specifying the communication to be made by the third countries**_

_**to the Commission; the arrangements for monitoring and verifying the**_

_**activity covered by the product specification**_ ; laying down detailed rules on

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

exchanging information under mutual assistance for the purpose of controls

and enforcement; laying down _**detailed rules on the form and content of**_

_**the attestation of compliance and listing, the forms in which they are to be**_

_**made available by the operators or traders for control or in the course of**_

_**business, and on the circumstances under which, and the forms in which,**_

_**an equivalent attestation is required in the case of products originating in**_

_**third countries; laying down**_ rules on the form of the product specification

of geographical indications of agricultural products; specifying the format

and online presentation of the single document of geographical indications

of agricultural products and providing for the exclusion or anonymisation of

▌ personal data;

      - as regards traditional specialities guaranteed: laying down rules on the form

of the product specification; specifying the content and presentation of the

Union register of traditional specialities guaranteed; _**specifying the technical**_

_**characteristics of the Union symbols as well as the technical**_ rules _**on their**_

_**use and the use**_ of the _**indication**_ and the _**abbreviation on products marketed**_

_**under a traditional speciality guaranteed, including linguistic versions**_ ;

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laying down procedural requirements for the protection of traditional

specialities guaranteed; laying down detailed rules on procedures, the form

and presentation of applications for registration, including applications

concerning more than one national territory, of applications for amendments

of a product specification and of _**requests**_ for cancellation of a registration;

specifying the format and presentation of oppositions and providing for the

exclusion or anonymisation of personal data; granting transitional periods for

use of traditional specialities guaranteed; rejecting an application for

registration; deciding on the registration of a traditional speciality guaranteed

if an agreement has not been reached; cancelling the registration of a

traditional speciality guaranteed; specifying _**the communication to be made**_

_**by the third countries to the Commission as regards the competent**_

_**authorities and the product certification bodies responsible for controls;**_

_**laying down detailed rules on the nature and the type of information to be**_

_**exchanged among Member States and the methods for exchanging that**_

_**information for the purpose of controls and enforcement; and laying down**_

_**detailed rules on the form and content of the attestation of compliance and**_

_**listing, and on the circumstances under which, and the forms in which,**_

_**they are to be made available by the operators or traders for control or in**_

_**the course of business, including in the case of products originating in**_

_**third countries;**_

_**-**_ _**as regards**_ optional quality terms: laying down technical details necessary for

the notification of the optional quality terms; and laying down rules related to

forms, procedures or other technical details necessary for the use of optional

quality terms _**;**_

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_**- as regards designations of origin and geographical indications in the wine**_

_**sector under Regulation (EU) No 1308/2013: the form of the product**_

_**specification, the definition of the format and the online presentation of the**_

_**single document, and the exclusion or anonymisation of personal data; the**_

_**communication to be made by the Member States to the Commission, the**_

_**rules governing the authority responsible for verifying compliance with**_

_**product specifications related to protected designations of origin and**_

_**protected geographical indications, including where the geographical area**_

_**is in a third country, and the checks for verification of compliance with the**_

_**product specification to be carried out by the Member States, including**_

_**testing;**_

_**-**_ _**as regards traditional terms in the wine sector under Regulation (EU) No**_

_**1308/2013: the communication to be made by the Member States to the**_

_**Commission, the rules governing the authority responsible for verifying**_

_**compliance with the definition provided for the traditional terms and,**_

_**where relevant, the conditions of use of traditional terms, the actions to be**_

_**implemented by the Member States to prevent the unlawful use of protected**_

_**traditional terms, and the checks for verification of compliance to be**_

_**carried out by the Member States; the declaration of invalidity and removal**_

_**from the register of protected traditional terms of any traditional terms**_

_**registered in breach of this Regulation;**_

_**-**_ _**as regards spirit drinks under Regulation (EU) 2019/787: the form of the**_

_**product specification, the definition of the format and the online**_

_**presentation of the single document and the exclusion or anonymisation of**_

_**personal data;**_

     _**as regards the application of the Geneva Act in the Union under Regulation**_

_**(EU) 2019/1753: the authorisation for a Member State which is party to the**_

_**Lisbon Agreement willing to register its appellations of origin under the**_

_**Geneva Act to provide for the necessary modifications and to notify the**_

_**International Bureau of the World Intellectual Property Organization (‘the**_

_**International Bureau’) thereof**_ _._

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

of the European Parliament and of the Council **[20]** .

(78) The Commission should be empowered to adopt implementing acts without applying

Regulation (EU) No 182/2011 in respect of: registering a name if there is no

admissible opposition or in the case of an admissible opposition, where the

agreement has been reached for geographical indications and traditional specialities

guaranteed and if necessary amending the information published, provided that those

amendments are not substantial; establishing and maintaining a publicly accessible

electronic register of geographical indications and electronic register of traditional

specialities guaranteed; granting a transitional period for use of geographical

indications following an opposition lodged in the national procedure; ▌and

specifying the means by which the name and address of competent authorities _**and**_

_**delegated**_ bodies are to be made public for traditional specialities guaranteed.

(79) Regulations (EU) No 1308/2013, (EU) _**2019/787 and (EU) 2019/1753**_ should

therefore be amended accordingly, and Regulation (EU) No 1151/2012 should

therefore be repealed.

**20** 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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(80) The protected designations of origin, protected geographical indications and

traditional specialities guaranteed already registered under Regulation (EU) No

1151/2012, the protected designations of origin and protected geographical

indications already registered under Regulation (EU) No 1308/2013 and the

geographical indications already registered under Regulation (EU) 2019/787 should

continue to be protected under this Regulation, and they should be automatically

included in the register concerned.

_**(81)**_ _**An appropriate mechanism should be provided for to ensure that the national**_

_**protection of geographical indications that do not fall within the scope of**_

_**Regulation (EU) No 1151/2012 but which fall within the scope of this Regulation**_

_**ceases smoothly. At the same time, the registration of those geographical**_

_**indications under this Regulation should be facilitated by exempting them from the**_

_**national stage of the registration procedure. It is also necessary to ensure that, in**_

_**the event that such geographical indications are registered under the Lisbon**_

_**Agreement, they may be registered under the Geneva Act without losing their**_

_**priority rights.**_

(82) Provisions should be made for appropriate arrangements to facilitate a smooth

transition from the rules laid down in Regulations (EU) No 1151/2012, (EU) No

1308/2013 and (EU) 2019/787 to the rules laid down in this Regulation _**.**_

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_**(83)**_ _**It is appropriate to lay down provisions to ensure the smooth transition from the**_

_**regime established by Regulation (EU) No 1151/2012 to the regime established by**_

_**this Regulation, including as regards delegated and implementing acts. Those**_

_**provisions are aimed at ensuring legal certainty so that the Member States’**_

_**authorities, the producers and the producer groups, and other persons or entities**_

_**concerned, are able to ascertain unequivocally what their rights and obligations**_

_**are and to take steps accordingly.**_

_**(84)**_ _**Since the objectives of this Regulation, namely the creation of a uniform protection**_

_**of geographical indications, as well as the establishment of a system of protection**_

_**for traditional specialities guaranteed and optional quality terms, 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 those objectives.**_

_**(85)**_ _**The European Data Protection Supervisor was consulted in accordance with**_

_**Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 18 July**_

_**2022,**_

HAVE ADOPTED THIS REGULATION:

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

_Article 1_

_Subject matter_

This Regulation lays down the rules on _**the following quality schemes**_ :

(a) _**protected designations of origin and protected**_ geographical indications for wine,

_**protected designations of origin and protected geographical indications for**_

agricultural products _**, including foodstuffs, as referred to in Article 5(1), point (c),**_

_**and geographical indications for spirit drinks;**_

(b) traditional specialities guaranteed and optional quality terms, _**as set out in Title III,**_

_**Chapters 2 and 3 respectively,**_ for agricultural products _**, including foodstuffs, as**_

_**referred to in Article 51**_ .

_**For the purpose of Titles I, II and V, with the exception of Chapter 5 of Title II, the term**_

_**‘geographical indications’ covers protected designations of origin and protected**_

_**geographical indications for wine, protected designations of origin and protected**_

_**geographical indications for agricultural products, including foodstuffs, as referred to in**_

_**Article 5(1), point (c), and geographical indications for spirit drinks.**_

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_Article 2_

_Definitions_

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

▌

_**(a)**_ _**‘wine’ means the products covered by Article 92(1) of Regulation (EU) No**_

_**1308/2013;**_

_**(b)**_ _**‘spirit drink’ means a spirit drink within the meaning of Article 2 of**_

_**Regulation (EU) 2019/787;**_

(c) ‘ _**labelling’ means, in respect of all products falling within the scope of this**_

_**Regulation,**_ labelling _**as defined**_ in Article 2(2), point (j), of Regulation (EU)

No 1169/2011;

(d) ‘production step’ means any stage of production, _**including of raw materials**_,

or of processing, preparation or ageing, up to the point where the product is

_**ready**_ to be placed on the ▌ market;

_**(e)**_ _**‘operator’ means a natural or legal person who performs activities subject to**_

_**one or more obligations provided for in the**_ product specification;

(f) ‘processed product’ means a processed product _**,**_ _**as defined in**_ Article _**2(1),**_

_**point (o),**_ of Regulation (EC) No 852/2004 of the European Parliament and of

the Council **[21]** ;

**21** Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29
April 2004 on the hygiene of foodstuffs ( _OJ L 139, 30.4.2004, p. 1)._

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(g) ‘ _**delegated**_ body’ means a delegated body _**, as defined in Article 3, point (5),**_ of

Regulation (EU) 2017/625 _**,**_ which certifies _**compliance with the product**_

_**specification for**_ products designated by geographical indications or traditional

specialities guaranteed _**;**_

(h) ‘generic term’ means _**the name of a product which, although relating to the**_

_**place, region or country where a product was originally produced or placed**_

_**on the market, has become the common name of a product in the Union;**_

(i) 'plant variety denomination’ means a ▌ designation of a given variety, that is in

common use or officially _**accepted in a national or Union catalogue**_ in

accordance with Council Directives 2002/53/EC **[22]**, 2002/55/EC **[23]**,

2008/90/EC **[24]** or Council Regulation (EC) No 2100/94 **[25]**, in the language or

languages _**in which it is**_ ▌ used or listed ▌at the date of application for the

registration of the geographical indication concerned;

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

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(j) ‘animal breed denomination’ means the name of a breed _**covered by**_ Regulation

(EU) 2016/1012 of the European Parliament and of the Council **[26]** that is listed

in breeding books or breeding registers _**. For species not covered by that**_

_**Regulation, it means the name of a breed which is listed in breeding books or**_

_**breeding registers under national law. Such a name shall be**_ in the language

or languages _**in which**_ it is ▌listed ▌at the date of application for the

registration of the geographical indication concerned _**;**_

_**(k)**_ _**‘Combined Nomenclature’ means the goods nomenclature established by**_

_**Article 1 of Regulation (EEC) No 2658/87.**_

_**2. For the purpose of Title II, the following definitions apply:**_

_**(a)**_ _**‘product specification’ means the document referred to in:**_

_**(i)**_ _**Article 94 of Regulation (EU) No 1308/2013 for wine;**_

_**(ii)**_ _**Article 22 of Regulation (EU) 2019/787 for spirit drinks;**_

_**(iii)**_ _**Article 49 of this Regulation for agricultural products;**_

**26** Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June
2016 on zootechnical and genealogical conditions for the breeding, trade in and entry
into the Union of purebred breeding animals, hybrid breeding pigs and the germinal
products thereof and amending Regulation (EU) No 652/2014, Council Directives
89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding
(‘Animal Breeding Regulation’) (OJ L 171, 29.6.2016, p. 66).

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_**(b)**_ _**‘single document’ means a document summarising the product specification**_

_**and referred to in:**_

_**(i)**_ _**Article 95 of Regulation (EU) No 1308/2013 for wine;**_

_**(ii)**_ _**Article 23 of Regulation (EU) 2019/787 for spirit drinks;**_

_**(iii)**_ _**Article 50 of this Regulation for agricultural products.**_

_**3.**_ _**For the purpose of Title III, Chapter 2, ‘traditional’ means proven historical usage**_

_**of the name by producers in a community for a period that allows transmission**_

_**between generations; that period is to be at least 30 years and such usage may**_

_**embrace modifications necessitated by changing hygiene, safety and other relevant**_

_**practices.**_

_Article 3_

_Data protection_

1. The Member States and the Commission shall process and make public the personal

data received in the course of the procedures for registration, approval of

amendments, cancellation, opposition, granting of transitional period and control

pursuant to this Regulation and Regulations (EU) No 1308/2013 and (EU) 2019/787,

in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

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2. The Commission shall be a controller within the meaning of Regulation (EU)

2018/1725 in relation to the processing of personal data in the procedure it is

competent for in accordance with Regulations (EU) 2019/787 and ▌(EU) _**No**_

_**1308/2013**_ and this Regulation.

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

meaning of Regulation (EU) 2016/679 in relation to the processing of personal data

in the procedures they are competent for in accordance with Regulations (EU)

2019/787 and ▌ (EU) No _**1308/2013**_ and this Regulation.

_**4.**_ _**The European Union Intellectual Property Office (EUIPO) shall be a ‘processor’**_

_**within the meaning of Regulation (EU) 2018/1725 in relation to the processing of**_

_**personal data linked to the Union register of geographical indications.**_

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

_Article 4_

_Objectives_

This Title provides for a unitary and _**exhaustive**_ system of geographical indications,

protecting the names of wine, spirit drinks and agricultural products having

characteristics, attributes or reputation linked to their place of production, thereby ▌:

(a) _**ensuring that**_ producers acting collectively have the necessary powers and

responsibilities to manage _**the**_ geographical indication _**concerned**_, including in

order to respond to societal demands _**, such as for animal health and welfare,**_

for products resulting from sustainable production in its three dimensions of

economic, environmental and social value, and to operate _**and be competitive**_

in the market;

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(b) _**contributing to**_ fair competition _**and generating added value with the aim of**_

_**sharing that added value across the marketing chain, in order to ensure a**_

_**fair return**_ for producers _**and a capacity to invest**_ in the _**quality, reputation**_

_**and sustainability of their products, as well as contributing to the**_

_**achievement of rural development policy objectives by providing support to**_

_**agricultural and processing activities, preserving know-how and promoting**_

_**specific quality products due to the geographical area where they are**_

_**produced;**_

(c) _**ensuring that**_ consumers receive reliable information and _**necessary**_ guarantee

of _**the origin,**_ authenticity _**, quality, reputation and other characteristics linked**_

_**to the geographical origin or the geographical environment**_ of such products

and can readily identify them in the marketplace including in electronic

commerce;

(d) _**ensuring the**_ efficient _**and user-friendly**_ registration of geographical

indications taking into account the appropriate protection of intellectual

property rights;

(e) _**ensuring**_ effective _**controls,**_ enforcement and _**placing on the market**_

throughout the Union _**, including**_ in electronic commerce _**, thereby**_ ensuring the

integrity of the internal market _**; and**_

_**(f)**_ _**contributing to the effective protection of intellectual property rights related**_

_**to such products in third country markets.**_

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_Article 5_

_Scope_

1. This Title covers _**:**_

_**(a)**_ _**wine, as defined in Article 2(1), point (a);**_

_**(b)**_ _**spirit drinks, as defined in Article 2(1), point (b); and**_

_**(c)**_ agricultural products.

_**For the purposes of this Title, the term ‘agricultural products’ covers agricultural**_

_**products, including foodstuffs and fishery and aquaculture products, listed under**_

_**Chapters 1 to 23 of the Combined Nomenclature set out in Part two of Annex I to**_

_**Regulation (EEC) No 2658/87, and the agricultural products under the Combined**_

_**Nomenclature headings set out in Annex I to this Regulation, except wine and**_

_**spirit drinks.**_

2. The registration and the protection of geographical indications _**are**_ without prejudice

to the obligation of producers to comply with other Union rules, in particular those

relating to the placing of products on the market, sanitary and phytosanitary rules, the

common organisation of the markets, the competition rules and the provision of food

information to consumers.

3. Directive (EU) 2015/1535 of the European Parliament and of the Council **[27]** shall not

apply to the system of geographical indications laid down in this Regulation.

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

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_Article 6_

_Classification_

1. Products designated by geographical indications shall be classified in accordance

with the Combined Nomenclature at two, four _**, six or, where a Member State so**_

_**decides, eight-**_ digit level. Where a geographical indication covers products of more

than one category, each entry shall be specified. Product classification shall only be

used for registration, statistical and record keeping purposes _**, in particular for**_

_**customs authorities**_ . That classification shall not be used to determine comparable

products for the purposes of protection against direct and indirect commercial use as

referred to in Article 26(1), point (a).

2. The Commission may, by means of implementing acts, lay down the technical

presentation of, and online access to, the classification referred to in paragraph 1 of

this Article. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article _**88(2).**_

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_**Article 7**_

_**Sustainability**_

_**1.**_ _**A producer group, or a recognised producer group where such a group exists, may**_

_**agree on sustainable practices to be adhered to in the production of the product**_

_**designated by a geographical indication or in carrying out other activities subject**_

_**to one or more obligations provided for in the product specification. Such practices**_

_**shall aim to apply sustainability standards higher than those laid down by Union**_

_**or national law in terms of environmental, social or economic sustainability or**_

_**animal welfare.**_

_**2.**_ _**For the purpose of paragraph 1, ‘sustainable practice’ means a practice which**_

_**contributes to one or more social, environmental or economic objectives, such as:**_

_**(a)**_ _**climate change mitigation and adaptation, the sustainable use and**_

_**protection of landscapes, water and soil, the transition to a circular economy,**_

_**including the reduction of food waste, pollution prevention and control, and**_

_**the protection and restoration of biodiversity and ecosystems;**_

_**(b)**_ _**the production of agricultural products in ways that reduce the use of**_

_**pesticides and manage risks resulting from such use, or that reduce the**_

_**danger of antimicrobial resistance in agricultural production;**_

_**(c)**_ _**animal welfare;**_

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_**(d)**_ _**a fair income for producers, diversification of activities, promotion of**_

_**local agricultural production, and valorisation of the rural fabric and local**_

_**development;**_

_**(e)**_ _**preservation of agricultural employment by attracting and sustaining**_

_**young producers and new producers of products benefiting from a**_

_**geographical indication;**_

_**(f)**_ _**improving working and safety conditions in agricultural and processing**_

_**activities.**_

_**3.**_ _**Where the producer group, or the recognised producer group where such a group**_

_**exists, decides that the sustainable practices referred to in paragraph 1 are**_

_**mandatory for all producers of the product concerned, those practices shall be**_

_**included in the product specification in accordance with the registration or**_

_**amendment procedure.**_

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_**Article 8**_

_**Sustainability report**_

_**1.**_ _**A producer group, or a recognised producer group where such a group exists, may**_

_**prepare and regularly update a sustainability report based on verifiable**_

_**information, comprising a description of existing sustainable practices**_

_**implemented in the production of the product, a description of how the method of**_

_**obtaining the product impacts on sustainability, in terms of environmental, social,**_

_**economic or animal welfare commitments, and information necessary to**_

_**understand how sustainability affects the development, performance and position**_

_**of the product.**_

_**2.**_ _**The Commission shall make the sustainability report public.**_

▌

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

_Article 9_

_Applicant_ _**in the national stage of the procedure of registration**_

1. Applications for the registration of geographical indications may only be submitted

by _**an applicant**_ producer group _**. An**_ applicant producer group _**shall be an**_

_**association, irrespective of its legal form, composed of producers of the same**_

_**product**_ the name of which is proposed for registration. _**Public bodies and other**_

_**interested parties may assist**_ in the preparation of the application and in the related

procedure.

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2. For the purposes of this Title, an authority designated by a Member State may be

deemed to be an applicant producer group with respect to geographical indications of

a spirit drink, if it is not feasible for the producers concerned to form a group by

reason of their number, geographical location or organisational characteristics. In

such a case, the application referred to in Article 10(2) shall state those reasons.

3. For the purposes of this Title, a single producer may be deemed to be an applicant

producer group, where it is shown that _**all**_ of the following conditions are fulfilled:

(a) that producer is the only producer willing to submit an application for the

registration of a geographical indication;

(b) the geographical area concerned is defined _**on the basis of the link referred to**_

_**in Article 49(1), point (f), of this Regulation, Article 94(1), point (i), of**_

_**Regulation (EU) No 1308/2013 and Article 22(1), point (f), of Regulation**_

_**(EU) 2019/787 and not on the basis of property boundaries; and**_

_**(c)**_ _**the geographical area concerned has characteristics which differ**_ appreciably

from _**those of neighbouring areas or the characteristics of the product are**_

_**different from those produced in neighbouring areas or, with respect to**_

_**geographical indications of a spirit drink, the spirit drink has a specific**_

_**quality, reputation or other characteristic which is clearly attributable to its**_

_**geographical origin.**_

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4. In the case of a geographical indication that designates a cross-border geographical

area, several _**applicant**_ producer groups from different Member States or third

countries may lodge a joint application for the registration of a geographical

indication. _**Such a joint application shall be addressed to all of the Member States**_

_**concerned.**_

_Article 10_

_National stage of the procedure of registration_

1. An application for the registration of a geographical indication concerning a product

originating in the Union shall be addressed to the competent authorities of the

Member State in which the product originates.

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

(a) the product specification ▌;

(b) the single document ▌; and

(c) the accompanying _**documentation**_ referred to in Article 12(1) ▌.

3. The Member State shall examine the application for registration in order to check

that it meets the conditions for registration laid down in the respective provisions for

wine, spirit drinks or agricultural products, as appropriate.

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4. As part of the examination referred to in paragraph 3 of this Article, the Member

State concerned shall conduct a national opposition procedure. The national

opposition procedure shall ensure publication of the application for registration _**with**_

_**the exception of the documents referred to in Article 12(1), points (b) and (c),**_ and

shall provide for a period of at least one _**month**_ from the date of publication within

which any natural or legal person having a legitimate interest and established or

resident in the Member State in which the product concerned originates may lodge an

opposition to the application for registration with that Member State.

5. The Member State concerned shall establish the modalities of the opposition

procedure. Those modalities may include criteria for the admissibility of an

opposition, a period of consultation between the applicant producer group and each

opponent, and submission of a report from the applicant producer group on the

outcome of the consultations including any changes the applicant producer group has

made to the application for registration.

6. If, after the examination of the application for registration and the assessment of the

results of any opposition received and any changes to the application agreed with the

applicant producer group, the Member State concerned considers that the

requirements of this Regulation are met, it may take a favourable decision and

_**submit an application for registration at**_ Union _**stage**_ as referred to in Article 13.

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7. The Member State concerned shall ensure that ▌ any natural or legal person having a

legitimate interest has an opportunity to lodge an appeal. The Member State

concerned shall also ensure that _**a favourable decision and the corresponding**_

_**product specification are**_ published, and shall provide electronic access to the

product specification.

_**8.**_ _**In the case of a joint application as referred to in Article 9(4), the application shall**_

_**be addressed to all Member States concerned and the related national procedures,**_

_**including the opposition stage, shall be carried out in all of those Member States.**_

_Article 11_

_Transitional national protection_

1. A Member State may, on a temporary basis, grant transitional protection to a name at

national level, with effect from the date on which an application for registration at

Union stage is lodged with the Commission.

2. Such national protection shall cease on the date on which either the implementing act

deciding on the application for registration, adopted in accordance with Article 21,

enters into force or the application for registration is withdrawn.

3. Where a name is not registered under this Regulation, the consequences of the

transitional national protection shall be the sole responsibility of the Member State

concerned.

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4. The measures taken by Member States in accordance with this Article shall produce

effects at national level only, and they shall have no effect on the internal market or

in international trade.

▌

_Article 12_

_Accompanying documentation_

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

(a) _**where relevant,**_ information _**explaining**_ any proposed limitations on the use or

on the protection of the geographical indication, and ▌ any transitional

measures, proposed by the applicant producer group ▌;

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

(c) the name and contact details of _**one or more of**_ the competent _**authorities,**_

_**delegated or**_ product certification _**bodies or natural persons**_ verifying

compliance with the ▌product specification in accordance with:

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

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

products;

(d) any other information deemed appropriate by the Member State concerned or

by the applicant producer group where applicable.

▌

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2. The Commission _**shall**_, by means of implementing acts, lay down the format and

online presentation of the accompanying documentation provided for in paragraph _**1,**_

_**points (a), (b) and (c), of this Article in the application for registration at Union**_

_**stage as provided in Article 13**_, and provide for the exclusion or anonymisation of

▌personal data. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article _**88(2)**_ .

_Article 13_

_▌Application for registration_ _**at Union stage**_

1. For geographical indications concerning products originating in the Union, the ▌

application for registration shall comprise:

(a) the single document ▌;

(b) the accompanying documentation referred to in Article 12 _**(1), points (a), (b)**_

_**and (c)**_ ;

(c) a declaration by the Member State to which the application was _**addressed at**_

_**the national stage of the procedure of registration**_, confirming that the

application meets the conditions for registration; ▌

_**(d)**_ _**any transitional period granted or proposed by the national authorities**_

_**following the national examination and opposition procedure as well as**_

_**information on the related admissible oppositions; and**_

(e) the electronic publication reference _**to the up-to-date**_ product specification ▌.

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2. For geographical indications concerning products originating outside the Union, the

▌ application for registration _**at Union stage**_ shall comprise:

(a) the product specification with its publication reference ▌;

(b) the single document ▌;

(c) the accompanying documentation referred to in Article 12 _**(1), points (a), (b)**_

_**and (c)**_ ;

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

and

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

3. The joint application for registration referred to in Article 9(4) shall include, _**in**_

_**addition to the single document,**_ as relevant, the documents listed in paragraph _**1,**_

_**points (b) to (e), or 2, points (c) (d) and (e), of this Article from all**_ Member States

_**or third countries**_ concerned.

4. The documents referred to in this Article shall be drafted in one of the official

languages of the Union.

▌

5. The Commission _**shall**_, by means of implementing acts, lay down detailed rules on

procedures, the form and presentation of applications for registration at Union stage,

including ▌ applications concerning more than one national territory. Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article _**88(2)**_ .

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_Article 14_

_Submission of the ▌application_ _for registration_ _**at Union stage**_

1. An application for registration of a geographical indication at Union stage shall be

submitted to the Commission electronically, through a digital system.

_**Upon receiving a request from one or more Member States, the Commission**_ shall

_**adapt the digital system to make it suitable to be used in the**_ national _**part of the**_

_**procedure for registration of a geographical indication by any**_ Member State _**that**_

_**so wishes.**_

2. Where the application for registration relates to a geographical area outside the

Union, the application shall be submitted to the Commission, either directly _**by an**_

_**applicant, namely a producer group or a single**_ producer _**, or via the**_ authorities _**of**_

the third country concerned.

_**A single producer of a third country shall meet the conditions set out in Article**_

_**9(3). A producer group of a third country shall be a producer group which works**_

_**with a product, the name of which is proposed for registration.**_

_**3.**_ _**A joint**_ application _**for registration referred to in Article 9(4) shall be submitted by**_

_**either:**_

_**(a)**_ _**one of the Member States concerned; or**_

_**(b)**_ _**an applicant of a third country, namely a producer group or a single**_

_**producer, either directly or through the authorities of that third country.**_

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4. The _**names for which applications**_ for registration _**at Union stage have been**_

_**submitted**_ shall be made public by the Commission through the digital system

referred to in paragraph 1.

_Article 15_

_**Examination**_ _by the Commission and publication for opposition_

1. The Commission shall _**examine applications**_ for registration _**submitted in**_

_**accordance with**_ Article 14(1) _**, (2) and (3). It shall**_ check that _**the applications**_

_**contain the required information**_ and that _**they do not contain manifest errors,**_

_**taking**_ into account the outcome of the national _**examination and opposition**_

procedure carried out by the Member State concerned. ▌

2. _**The examination shall**_ not exceed a period of six months _**from the day of the**_

_**reception of the application. The Commission may request from the applicant any**_

_**necessary additional information or modification of the application. Where**_ the

Commission _**addresses such requests to**_ the applicant _**, the examination period shall**_

_**not exceed a period of five months from the day on which the Commission receives**_

_**the applicant's reply**_ .

3. _**In the event that**_ the Commission _**does not conclude the examination referred to in**_

_**paragraph 2 within the prescribed deadlines, it shall inform**_ the applicant _**of the**_

_**reasons for the delay in writing, indicating the estimated time necessary to**_

_**conclude the examination, which shall not exceed one month**_ .

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4. Where _**the Commission considers that the conditions laid down in Articles 9, 10,**_

_**12, 13, 28, 29, 30, 31, 46 and 47, Article 48(1) and (2) and Article 50 of**_ this

Regulation _**, in Articles 93 and 95 and Article 100(4) of Regulation**_ (EU) No

1308/2013 _**, and in Article 3(4), Article 23 and Article 34(4) of Regulation**_ (EU)

2019/787, as appropriate, are fulfilled, it shall publish in the _**Official Journal of the**_

_**European Union**_ the single document and the reference to the publication of the

product specification.

▌

_Article 16_

_National challenge to an application for registration_

1. Member States shall _**inform**_ the Commission ▌ of any national administrative or

judicial proceedings that may _**prejudice**_ the registration of a geographical indication.

2. The Commission shall be exempted from the obligation to meet the deadlines to

perform the _**examination**_ referred to in Article 15(2) and to inform the _**Member State**_

of the reasons for the delay where it receives a communication from that Member

State, concerning an application for registration in accordance with Article 10(6),

which:

(a) informs the Commission that the decision referred to in Article 10(6) has been

invalidated at national level by an immediately applicable but not final

_**administrative or**_ judicial decision; or

(b) requests the Commission 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.

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3. The exemption _**provided for in paragraph 2**_ shall have effect until the Commission

is informed by the Member State concerned that the original application has been

restored or that the Member State withdraws its request for suspension.

4. If the _**favourable decision of a Member State referred to in Article 10(6)**_ has been

invalidated _**in full or in part**_ by a final decision taken by a national court, that

Member State shall consider appropriate action such as withdrawal or modification

of the ▌application for registration _**at Union stage**_, as necessary.

_Article 17_

_Union opposition procedure_

1. Within three months from the date of publication in the _**Official Journal of the**_

_**European Union**_ of the single document and the reference to the publication of the

product specification in accordance with Article 15(4), the authorities 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 may lodge an opposition ▌with the

Commission.

2. Any natural or legal person having a legitimate interest and established or resident in

a Member State other than the one from which the ▌application for registration _**at**_

_**Union stage**_ was submitted may lodge an opposition with the Member State, in

which it is established or resident, within a time limit permitting _**that Member State**_

_**to examine that**_ opposition _**and to decide whether to lodge it with the Commission**_

in accordance with paragraph 1. _**Member States may specify that time limit in their**_

_**national law.**_

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3. An opposition shall _**state that it opposes the registration of a geographical**_

_**indication**_ . An opposition that does not contain _**that statement**_ shall be void.

4. The Commission shall _**examine**_ the admissibility of the opposition. If the

Commission considers that the opposition is admissible, it shall, within five months

from the date of publication _**referred to in Article 15(4),**_ invite the _**opponent and the**_

_**applicant to engage in appropriate consultations for a reasonable period that shall**_

_**not exceed three months. The Commission shall transmit to the applicant the**_

_**opposition and all the documents provided by the opponent**_ . At any time during that

period, the Commission may, at the request of the ▌ applicant ▌, extend the deadline

for the consultations _**once**_ by a maximum of three months.

5. The _**opponent**_ and the ▌ applicant **▌** shall start appropriate consultations without

undue delay. They shall provide each other with the relevant information to assess

whether the application for registration complies with this Regulation, _**Regulation**_

(EU) No 1308/2013 or _**Regulation**_ (EU) 2019/787, as appropriate.

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6. Within one month from the end of the consultations referred to in paragraph 4, the

applicant ▌shall notify the Commission of the result of the consultations, including

all the information exchanged, whether agreement was reached with one or all of the

opponents, and of any consequent changes to the application for registration. The

_**opponent**_ may also notify the Commission of its position at the end of the

consultations.

7. Where, following the end of the consultations referred to in paragraph 4 of this

Article, the data published in accordance with Article 15(4) have been modified, the

Commission shall repeat its _**examination**_ of the application for registration as

modified. Where the application for registration has been modified in a substantial

manner, and the Commission considers that the modified application meets the

conditions for registration, it shall publish again the _**single document and the**_

_**reference to the publication of the product specification**_ in accordance with Article

15(4).

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

languages of the Union.

9. _**at**_
▌The Commission shall finalise its assessment of the ▌application for registration

_**Union stage**_, taking into account any request for transitional periods, the outcome of

the opposition procedure ▌and any other matters arising subsequently with regard to

its _**examination**_ that may imply a change of the single document.

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10. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down detailed procedures and deadlines for

the opposition procedure ▌.

11. The Commission _**shall,**_ by means of implementing acts, lay down the format and ▌

presentation of oppositions and ▌provide for the exclusion or anonymisation of

▌personal data. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 88 _**(2)**_ .

_**Article 18**_

_**Notice of comments**_

_**1.**_ _**Within three months from the date of publication of the single document and the**_

_**reference to the publication of the product specification in accordance with Article**_

_**15(4), the authorities of a Member State or of a third country, or a natural or legal**_

_**person established or resident in a third country may submit to the Commission a**_

_**notice of comments.**_

_**2.**_ _**A notice of comments shall point out any error or contain additional information**_

_**in relation to the application for registration, including possible infringement of**_

_**Union law. A notice of comments shall not confer any rights on the authorities or**_

_**persons referred to in paragraph 1 nor trigger an opposition procedure.**_

_**3.**_ _**Where, following the submission of a notice of comments the data published in**_

_**accordance with Article 15(4) have been modified in a substantial manner, the**_

_**Commission shall publish again the single document and the reference to the**_

_**publication of the product specification in accordance with that paragraph.**_

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_**4.**_ _**The Commission may, by means of implementing acts, lay down the format and**_

_**presentation of notices of comments. Those implementing acts shall be adopted in**_

_**accordance with the examination procedure referred to in Article 88(2).**_

_Article 19_

_Grounds for opposition_

1. An opposition lodged in accordance with Article 17 shall be admissible only if the

opponent _**shows**_ that:

(a) the proposed geographical indication does not comply with the definition of the

geographical indication or with the requirements referred to in this Regulation,

_**Section 2 of Chapter 1 of Title II of Part II of**_ Regulation (EU) No 1308/2013

or _**Article 3(4) and Chapter III of**_ Regulation (EU) 2019/787 as applicable;

(b) registration of the proposed geographical indication would be prevented by one

or more of the circumstances referred to in Article 28, Article 29, Article 30 or

Article 48(1); _**or**_

(c) the registration of the proposed geographical indication would jeopardise the

existence of a wholly or partially identical name or of a trade mark or the

existence of products which have been legally on the market for at least five

years preceding the date of the publication of the information provided for in

Article 15(4) ▌.

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

the territory of the Union.

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_Article 20_

_Transitional period for the use of geographical indications_

1. For products originating in a Member State or a third country the designation of

which consists of or contains a name that contravenes Article 26(1), the Commission

may, by means of implementing acts, grant a transitional period of up to five years to

enable the continued use of that designation, under which they were marketed,

provided that an admissible opposition, under Article 10(4) or Article 17, to the

application for registration of the geographical indication whose protection is

contravened shows that:

(a) the registration of the geographical indication concerned would jeopardise the

existence of a wholly or partially identical name in the product designation; or

(b) such products have been legally marketed with that name in the product

designation in the territory concerned for at least five years preceding the

publication provided for in Article 15(4) ▌.

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in

accordance with the examination procedure referred to in Article _**88(2)**_ except those

where an admissible opposition is lodged in accordance with Article 10(4), which

shall be adopted without applying that examination procedure.

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3. The Commission may, by means of implementing acts, extend the transitional period

granted under paragraph 1 up to _**a total period of**_ 15 years or _**grant directly a**_

_**transitional period of**_ up to 15 years provided that it is also 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 geographical indication concerned was submitted to the

Commission;

(b) the purpose of using the name in the designation referred to in paragraph 1 has

not, at any time, been to profit from the reputation of the name of the product

that has been registered as a geographical indication; and

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

of the product.

4. The implementing acts referred to in paragraph 3 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 88 _**(2)**_ except those

where an admissible opposition is lodged under Article 10(4), which shall be adopted

without applying that examination procedure.

5. When using a designation referred to in paragraphs 1 and 3, the indication of the

country of origin shall clearly and visibly appear on the labelling _**and, where**_

_**applicable, on the product description when it is marketed online**_ .

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6. _**Regarding applications for the registration of geographical indications and Union**_

_**amendments, in order**_ to overcome temporary difficulties with the long-term

objective of ensuring that all _**operators**_ of a product designated under a geographical

indication in the area concerned comply with the related product specification, a

Member State may grant a transitional period for compliance, of up to 10 years, with

effect from the date on which the application is lodged with the Commission,

provided that the operators concerned have legally marketed that product using the

name concerned continuously for at least five years preceding the lodging of the

application to the authorities of that Member State and have referred to that fact in

the national opposition procedure referred to in Article 10(4).

_**7.**_ _**Where the time between the application for registration at Union stage and the**_

_**registration of the name concerned exceeds five years, the Member State may**_

_**extend the transitional period by up to five years. The decision to extend the**_

_**transitional period shall be communicated without delay to the Commission, which**_

_**shall publish it in the Official Journal of the European Union.**_

8. Paragraph 6 shall apply _**mutatis mutandis**_ to a geographical indication referring to a

geographical area situated in a third country, with the exception of the opposition

procedure.

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_Article 21_

_Commission decision on the application for registration_

1. Where, on the basis of the information available to the Commission from the

_**examination**_ carried out in accordance with Article 15, the Commission considers

that any of the _**conditions**_ referred to in that Article is not fulfilled, it shall, by means

of implementing acts, reject the application for registration. Those implementing acts

shall be adopted in accordance with the examination procedure referred to in Article

_**88(2)**_ .

2. _**In the absence of an**_ admissible opposition, the Commission shall, by means of

implementing acts and without applying the procedure referred to in Article 88 _**(2)**_,

register the geographical indication. The Commission may take _**into**_ account the

notices of comments received in accordance with Article 18.

3. Where the Commission receives an admissible opposition, it shall, following the

_**procedure**_ referred to in Article 17 and taking into account the results thereof:

(a) adopt implementing _**acts**_ registering the geographical indication without

applying the procedure referred to in Article _**88(2)**_, if an agreement has been

reached, after checking that the agreement complies with Union law, and, if

necessary, amend the information published in accordance with Article 15(4)

provided that such amendments are not substantial; or

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(b) adopt implementing acts deciding on the application for registration, if an

agreement has not been reached; those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article _**88(2)**_ .

4. The implementing acts registering a geographical indication shall provide for any

conditions applicable to the registration and for the republication for information of

the single document published in _**accordance with Article 15(4) and modified**_

_**following the opposition procedure**_ in the case of _**modifications other than those**_

_**referred to in Article 17(7) and Article 18(3)**_ .

5. Commission implementing regulations _**on**_ registration and Commission

implementing decisions on rejection shall be published in the _Official Journal of the_

_European Union_, L series.

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_Article 22_

_Union register of geographical indications_

1. The Commission shall, by means of implementing acts and without applying the

procedure referred to in Article _**88(2)**_, establish and maintain a publicly accessible

**▌** Union register of geographical indications ▌. That register shall have three parts

corresponding to geographical indications of wine, of spirit drinks and of agricultural

products respectively. _**Files entered in that register after … [the date of entry into**_

_**force of this Regulation] shall be in a machine-readable format as defined in**_

_**Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and**_

_**of the Council**_ _[28]_ _**.**_

_**2.**_ _**The EUIPO shall maintain and keep up-to-date the Union register with respect to**_

_**registrations, amendments and cancellations of geographical indications.**_

3. Each geographical indication of wine and of agricultural products shall be identified

in the Union register of geographical indications as a ‘protected designation of

origin’ or a ‘protected geographical indication’, as the case may be, and each

geographical indication of spirit drinks shall be identified as a ‘geographical

indication’.

**28** _**Directive (EU) 2019/1024 of the European Parliament and of the Council of**_
_**20 June 2019 on open data and the re-use of public sector information (OJ L 172,**_
_**26.6.2019, p. 56).**_

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4. Geographical indications concerning products from third countries that are protected

in the Union under an international agreement to which the Union is a contracting

party may be entered in the Union register of geographical indications. _**In such**_

_**cases,**_ the Commission shall, by means of implementing acts, register such

geographical indications. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in _**Article 88(2)**_ .

As regards wine and agricultural products, unless specifically identified in the

agreements referred to in the first subparagraph as protected designations of origin,

the names of such products shall be entered in the Union register of geographical

indications as protected geographical indications.

5. Each geographical indication shall be entered in the Union register of geographical

indications in its original script. Where the original script is not in Latin characters,

the geographical indication shall be transcribed _**or transliterated**_ in Latin characters

and both versions of the geographical indication shall be entered in the Union

register of geographical indications and shall have equal status.

6. The Commission shall make public and regularly update the list of the international

agreements referred to in paragraph 4 as well as the list of geographical indications

protected under those agreements.

7. The Commission shall retain, in digital or paper form, documentation related to the

registration of a geographical indication _**. In the event of cancellation of the**_

_**registration, the Commission shall retain the documentation**_ for 10 years thereafter.

▌

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8. The Commission _**shall**_, by means of implementing acts, specify the content and

presentation of the Union register of geographical indications. Those implementing

acts shall be adopted in accordance with the examination procedure referred to in

Article _**88(2)**_ .

_Article 23_

_Extracts from the Union register of geographical indications_

1. Any person shall be able to download, _**easily and free of charge,**_ an official extract

from the Union register of geographical indications that provides proof of

registration of the geographical indication, and _**other**_ relevant data, including the date

of application for the registration of the geographical indication or other priority date.

_**The official extract of registration entered in that register after … [the date of**_

_**entry into force of this Regulation] shall be in a machine-readable format, as**_

_**defined in Article 2, point (13), of Directive (EU) 2019/1024. That**_ official extract

may be used as an authentic certificate in legal, judicial, administrative or similar

proceedings.

2. Where a producer group has been recognised by the national authorities in

accordance with Article 33, that group shall be identified as the _**representative of the**_

_**producers of a product designated by a**_ geographical indication in the Union register

of geographical indications and in the official extract referred to in paragraph 1 of

this Article.

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3. The Commission may, by means of implementing acts, specify the format and online

presentation of extracts from the Union register of geographical indications and

provide for the exclusion or anonymisation of ▌personal data. Those implementing

acts shall be adopted in accordance with the examination procedure referred to in

Article _**88(2)**_ .

_Article 24_

_Amendments to a product specification_

1. A producer group _**of a product the name of which is a registered geographical**_

_**indication**_ may apply for the approval of an amendment to the product specification _**.**_

_**Where a recognised producer group exists, that group shall be the only one entitled**_

_**to apply**_ .

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

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

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

_**3**_ . An amendment shall be _**considered as**_ a Union amendment if it entails a change of

the single document _**or its equivalent**_ and:

(a) includes a change _**:**_

_**(i)**_ _**for agricultural products, in the name or in the use of the name;**_

_**(ii)**_ _**for wine, in the name or in the use of the name, or in the category of**_

_**product or products designated by the geographical indication;**_

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_**(iii)**_ _**for spirit drinks, in the name or any part of the name or in the use of**_

_**the name, or in the category of product or products designated by the**_

_**geographical indication, or in the legal name; or**_

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

document; or

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

_**The criteria referred to in points (a), (b) and (c) shall be verified by Member States.**_

4. Any other amendment to a product specification of a registered geographical

indication, that is not a Union amendment in accordance with paragraph 3, shall be

considered as a standard amendment.

5. A standard amendment shall be considered as a temporary amendment when it

concerns a temporary change in the product specification resulting from the

imposition of obligatory sanitary and phytosanitary measures by the public

authorities or a temporary amendment necessary because of a natural disaster or

adverse weather conditions, _**or significant market disturbances due to exceptional**_

_**circumstances, including geopolitical events, affecting the supply of raw materials,**_

_**provided that the**_ natural disaster, adverse weather conditions _**or significant market**_

_**disturbances are**_ formally recognised by the competent authorities.

6. Union amendments shall be approved by the Commission. The approval procedure

shall follow, _**mutatis mutandis**_, the procedure laid down in Articles 9 and 10 and

Articles 12 to 21.

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7. Applications for Union amendments _**originating from outside the Union**_ shall

contain proof that the requested amendment complies with laws on the protection of

geographical indications in force in that third country.

8. If an application for a Union amendment to the product specification of a registered

geographical indication also includes standard amendments or temporary

amendments, the Commission shall _**examine**_ the Union amendment only. Any

standard amendments or temporary amendments shall be deemed as not having been

submitted. The _**examination**_ of such applications shall focus on the proposed Union

amendments. Where appropriate, the Commission or the Member State concerned

may invite the applicant to modify other elements of the product _**specification**_ .

9. Standard amendments shall be _**assessed and**_ approved by Member States or third

countries in whose territory the geographical area of the product concerned is located

and communicated to the Commission. The Commission shall make those

amendments public.

10. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down provisions _**on Union amendments to**_

_**product specifications of geographical indications for which no single document**_

_**was published, on admissibility of applications for Union amendments, on the**_

_**relationship between Union and**_ standard amendments _**, and on standard**_

_**amendments, including their publication**_ .

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11. The Commission _**shall,**_ by means of implementing acts, lay down detailed rules on

procedures, the form and presentation of an application for a Union amendment and

on procedures, the form and communication of standard amendments to the

Commission. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article _**88(2)**_ .

_Article 25_

_Cancellation of the registration_

1. The Commission may, on its own initiative or on a duly substantiated request by a

Member State, a third country or any natural or legal person having a legitimate

interest and _**established or resident in a third country, by**_ means of implementing

acts, cancel the registration of a geographical indication in the following cases:

(a) where compliance with the requirements for the product specification can no

longer be ensured; or

(b) where no product has been placed on the market under the geographical

indication for at least the preceding seven consecutive years.

2. The Commission may also adopt implementing acts cancelling the registration at the

request of the producers of the product marketed under the registered name. _**Where a**_

_**recognised producer group exists, that producer group shall be the only one**_

_**entitled to lodge such a request.**_

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_**3.**_ _**The registration of the name as an intellectual property right other than a**_

_**geographical indication, in particular as a trade mark, shall be prohibited for one**_

_**year after the cancellation of the registration of a geographical indication, unless**_

_**such intellectual property right had existed, or such a trade mark had been**_

_**registered, before the registration of the geographical indication.**_

4. _**Articles 10,**_ 13 to 17 _**and 21**_ shall apply _**mutatis mutandis**_ to the cancellation

procedure.

_**Oppositions shall be admissible only if they show continued commercial reliance**_

_**on the registered name by an interested natural or legal person.**_

5. Before adopting the implementing acts referred to in paragraphs 1 and 2, the

Commission shall consult the authorities of the Member State, the authorities of the

third country or, where possible, the third country producer which had originally

applied for the registration of the geographical indication concerned, unless the

cancellation is directly requested by those original applicants. _**The consultation**_

_**period shall be at least one month.**_

▌

6. The Commission _**shall,**_ by means of implementing acts, lay down detailed rules on

procedures, ▌▌the _**form and**_ presentation of the requests _**for the cancellation of a**_

_**registration**_ .

7. The implementing acts referred to in paragraphs 1, 2 and 6 of this Article shall be

adopted in accordance with the examination procedure referred to in Article _**88(2)**_ .

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

_Article 26_

_Protection of geographical indications_

1. Geographical indications entered in the Union register of geographical indications

shall be protected against:

(a) any direct or indirect commercial use of the geographical indication in respect

of products not covered by the registration, where those products are

comparable to the products registered under that name or where use of _**that**_

_**geographical indication for any product or any service**_ exploits, weakens,

dilutes, or is detrimental to the reputation of, the protected name _**, including**_

_**when those products are used as an ingredient**_ ;

(b) any misuse, imitation or evocation, even if the true origin of the products or

services is indicated or if the protected name is translated _**, transcribed or**_

_**transliterated**_ or accompanied by an expression such as ‘style’, ‘type’,

‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar _**, including**_

_**when those products are used as an ingredient;**_

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(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, _**in**_ documents or information provided on _**online**_

_**interfaces**_ relating to the product concerned, and the packing of the product in

a container liable to convey a false impression as to its origin;

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

product.

▌

2. Paragraph 1 shall ▌apply to _**all**_ domain _**names accessible in the Union**_ .

_**3.**_ _**National rules on names used for agricultural products, wines and spirit drinks**_

_**shall not give rise to confusion with registered geographical indications.**_

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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;

(b) goods sold by means of distance selling, such as electronic commerce _**; and**_

_**(c)**_ _**goods intended for export to third countries.**_

5. The _**entities listed in Article 3(1), point (d), of Regulation (EU) No 608/2013 of the**_

_**European Parliament and of the Council**_ [29] _**shall be**_ entitled to _**submit an**_

_**application to the customs authorities**_ to prevent all third parties from bringing

goods, in the course of trade, into the Union without being released for free

circulation there, where such goods, including packaging, come from third countries

and are in breach of paragraph 1 of this Article.

6. Geographical indications _**registered**_ under this Regulation shall not become generic

in the Union.

7. Where a geographical indication is a compound name which contains a term which is

considered to be generic, the use of that term shall not constitute _**, as a general rule,**_

conduct referred to _**in paragraph 1, points**_ (a) and (b).

29 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)._

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_Article 27_

_**Use of geographical indications designating a product used as an ingredient in the name of**_

_**a**_ _processed_ _**product**_

▌

1. _**Without prejudice to Article 26 and Article 37(7) of this Regulation and to Articles**_

_**7 and 17 of Regulation (EU) No 1169/2011,**_ the geographical indication designating

a product _**used as an**_ ingredient _**in a processed product may**_ be used in the ▌name of

_**that**_ processed product, _**or in its labelling, or in its advertising material where:**_

_**(a)**_ _**the processed product does not contain any other product comparable to the**_

_**ingredient designated by the geographical indication;**_

_**(b)**_ _**the ingredient designated by the geographical indication is used in sufficient**_

_**quantities to confer an essential characteristic on the processed product**_

_**concerned; and**_

_**(c)**_ _**the percentage of the ingredient designated by the geographical indication in**_

_**the processed product is indicated in the label.**_

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_**2.**_ _**In addition, producers of a prepacked food, as defined in Article 2(2), point (e), of**_

_**Regulation (EU) No 1169/2011, containing as an ingredient a product designated**_

_**by a geographical indication, who want to use that geographical indication in the**_

_**name of that prepacked food, including in advertising material, shall give a prior**_

_**written notification to the recognised producer group where such a group exists for**_

_**that geographical indication. Those producers shall include in that notification the**_

_**information that demonstrates that the conditions listed in paragraph 1 of this**_

_**Article are complied with and shall act accordingly. The recognised producer**_

_**group shall acknowledge receipt of that notification in writing within four months.**_

_**The producer of prepacked food may start using the geographical indication in the**_

_**name of the prepacked food following the receipt of that acknowledgment or after**_

_**the expiry of that time period, whichever occurs first. The recognised producer**_

_**group may attach to that acknowledgement non-binding information on the use of**_

_**the geographical indication concerned.**_

_**Member States may provide, in line with the Treaties, for additional procedural**_

_**rules concerning the producers of prepacked food established on their territory.**_

_**3.**_ _**Without prejudice to paragraph 1, the recognised producer group and the producer**_

_**of prepacked food may conclude a contractual agreement about the specific**_

_**technical and visual aspects of how the geographical indication of the ingredient is**_

_**presented in the name of the prepacked food in labelling, elsewhere than in the list**_

_**of ingredients, or in advertising material.**_

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_**4.**_ _**This Article shall not apply to spirit drinks.**_

5. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down additional rules on the use of

_**comparable products as ingredients and the criteria of conferring essential**_

_**characteristics on the**_ 1 of this Article _**.**_
processed products referred to ▌in paragraph

_Article 28_

_Generic terms_

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

2. To establish whether or not a term has become generic, account shall be taken of all

relevant factors, in particular:

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

(b) the relevant national or Union legal acts. ▌

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_Article 29_

_Homonymous geographical indications_

1. A geographical indication that has been applied for after a wholly or partially

homonymous geographical indication had been applied for or protected in the Union,

shall not be registered unless there is sufficient distinction in practice between the

conditions of local and _**long-established**_ usage and the presentation of the two

wholly or partially homonymous indications, taking into account the need to ensure

equitable treatment of the producers concerned and that consumers are not misled as

to the true identity or geographical origin of the products.

2. A wholly or partially homonymous _**geographical indication**_ which misleads the

consumer into believing that products come from another territory shall not be

registered even if the name for the actual territory, region or place of origin of the

products concerned is accurate.

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3. For the purposes of this Article, a wholly or partially homonymous geographical

indication applied for or protected in the Union refers to:

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

indications;

(b) geographical indications that have been applied for provided that they are

subsequently entered in the Union register of geographical indications;

(c) appellations of origin and geographical indications protected in the Union in

accordance with Regulation (EU) 2019/1753; and

(d) geographical indications, names of origin and equivalent terms protected

pursuant to an international agreement between the Union and one or more

third countries.

4. The Commission shall, by means of _**an implementing act, remove any**_ geographical

_**indication**_ registered in breach of paragraph 1 _**or**_ 2 from the Union register. That

implementing _**act**_ shall be adopted _**in accordance with the examination**_ procedure

referred to in Article 88 _**(2)**_ .

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_Article 30_

_Trade marks_

A name shall not be registered as a geographical indication where, in the light of a trade

mark's reputation and renown _**and the length of time that it has been used**_, registration of the

name proposed as a geographical indication _**would be liable to**_ mislead the consumer as to the

true identity of the product.

_**Article 31**_

_**Relationship between geographical indications and trade marks**_

_**1.**_ _**An application for the registration of a trade mark the use of which would**_

_**contravene Article 26 shall be rejected if the application for registration of the**_

_**trade mark is submitted after the date of submission to the Commission of the**_

_**application for the registration of the geographical indication.**_

_**2.**_ _**Union trade marks registered in breach of paragraph 1 shall be declared invalid by**_

_**the EUIPO and national trade marks registered in breach of paragraph 1 shall be**_

_**declared invalid by the competent national authorities.**_

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_**3.**_ _**A trade mark the use of which contravenes Article 26, but which has been applied**_

_**for, registered, or established through use in good faith within the territory of the**_

_**Union, where that possibility is provided for in the relevant legislation, before the**_

_**date of submission of the application for registration of the geographical**_

_**indication to the Commission, may continue to be used and renewed**_

_**notwithstanding the registration of a geographical indication, provided that no**_

_**grounds for invalidity or revocation of the trade mark exist under Directive (EU)**_

_**2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the**_

_**geographical indication, once registered, and that of the relevant trade mark shall**_

_**be permitted.**_

_**4.**_ _**For the purposes of paragraphs 1 and 3, where geographical indications were**_

_**registered in the Union without the submission of an application for registration at**_

_**Union stage, the date of submission to the Commission of the application for**_

_**registration of the geographical indication shall be the date of the first day of**_

_**protection.**_

_**5.**_ _**Without prejudice to Regulation (EU) No 1169/2011, the 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, as well as collective marks as**_

_**referred to in Chapter VIII of Regulation (EU) 2017/1001 may be used on labels**_

_**together with the geographical indication.**_

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_Article 32_

_Producer groups_

1. A producer group shall be _**an association of producers**_ of the _**same**_ product _**or**_

_**products, irrespective of its legal form. It shall meet the following criteria:**_

_**(a)**_ it _**performs tasks under this Regulation, including at least one task specified**_

_**in paragraph 4;**_

_**(b)**_ _**it is set up voluntarily on the initiative of, and composed of, producers; and**_

_**(c)**_ it is _**organised democratically, controlled and scrutinised by its members.**_

_**Applicant producer groups shall meet those criteria no later than on the date of**_

_**registration of the geographical indication concerned.**_

_**A producer of a product designated by a geographical indication shall have the**_

_**right to join a producer group. Member States may restrict membership to certain**_

_**categories of producers, taking into account the nature of the product covered by**_

_**the producer group concerned.**_

_**2.**_ _**Member States may decide that operators and representatives of economic**_

_**activities linked to one of the stages of the supply chain of products designated by a**_

_**geographical indication and**_ stakeholders referred to _**in Article 157 of Regulation**_

_**(EU) No 1308/2013 may be members of a producer group, if they have a specific**_

_**interest in the products covered by the producer group. Those members shall not**_

_**control the producer group.**_

_**3.**_ _**Member States may provide for additional rules, in particular as regards the**_

_**organisation, statutes, functioning and the nature of membership of, and financial**_

_**contributions to, producer groups.**_

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4. A producer group may exercise in particular the following _**tasks**_ :

(a) develop the product specification _**, apply for registration, amendment and**_

_**cancellation, and develop activities, including supporting its members with**_

_**their own control systems to verify and ensure compliance**_ with the _**product**_

specification _**concerned;**_

(b) _**engage in appropriate**_ action to ensure protection of the geographical

indication and of the intellectual property rights that are directly connected

with it _**, including legal actions and filing applications for actions with**_

_**customs authorities in accordance with Regulation (EU) No 608/2013 and**_

_**preventing or countering any measures or marketing practices which are, or**_

_**risk being, detrimental to the reputation or value of the geographical**_

_**indication concerned**_ ;

_**(c)**_ _**represent its members in intellectual property enforcement networks and in**_

_**relation to anti-counterfeiting bodies established at Union or national level;**_

(d) agree _**sustainable practices as referred to in Article 7, whether**_ included in the

product specification or as a separate initiative, including arrangements for

verification of compliance with those _**practices**_ and assuring adequate publicity

for them particularly in an information system provided by the Commission;

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(e) take action to improve the performance of the geographical indication, _**in terms**_

_**of environmental, social and economic sustainability,**_ including:

(i) development, organisation and conduct of collective marketing and

advertising campaigns;

(ii) dissemination of information and promotion activities aiming at

communicating the attributes of the product designated by a geographical

indication to consumers _**, including the development of tourism services**_

_**in the relevant geographical area**_ ;

(iii) carrying out analyses into the economic _**, social or environmental**_

performance, ▌of production, nutritional profile, and organoleptic

profile, of the product designated by the geographical indication;

(iv) dissemination of information on the geographical indication _**,**_ the relevant

Union symbol _**and the abbreviation (PDO or PGI)**_ ; and

(v) providing advice _**, training and dissemination of best practice guidelines**_

to current and future producers, including on _**sustainable practices, in**_

_**particular those provided for in Article 7, scientific-technical progress,**_

_**digitalisation,**_ gender mainstreaming and equality _**and raising awareness**_

_**among consumers;**_

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(f) combat _**infringements**_ and suspected fraudulent uses on the _**markets of**_

_**products designated by geographical indications**_ that are not in compliance

with the product specification, by monitoring _**and verifying**_ the use of the

geographical indication across the internal market and on third _**country**_ markets

where the geographical indications are protected, including on _**online**_

_**interfaces**_, and, as necessary, inform enforcement authorities using confidential

systems _**where**_ available _**;**_

_**(g)**_ _**take measures to enhance the value of products and, where necessary, take**_

_**steps to prevent or counter any measures or commercial practices which are,**_

_**or risk being, detrimental to the image and value of their products, including**_

_**devaluating marketing practices and lowering prices.**_

_**5.**_ _**Member States may, within their territory, assist producers in the creation and**_

_**functioning of producer groups.**_

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_**6.**_ _**If no producer group exists for a product designated by a geographical indication,**_

_**Member States may exercise the tasks referred to in paragraph 4, points (b), (e)**_

_**and (f). Member States shall interact with producers and shall assist them with a**_

_**view to establishing a producer group.**_

_**7.**_ _**Member States may set up a public register of producer groups for products**_

_**designated by geographical indications originating in their territory, including**_

_**authorities referred to in Article 9(2) and producers referred to in Article 9(3).**_

_**That register shall contain, at least, the name, the legal form and the address of**_

_**each producer group and all geographical indications covered by the producer**_

_**group concerned.**_

_Article 33_

_Recognised producer groups_

1. _**In addition to Article 32, Member States may apply a system of recognition**_ of

producer groups _**. The recognition system may be applied to all producer groups**_

_**whose members produce a product which is designated by a geographical**_

_**indication or to**_ producer _**groups producing specified categories of products**_

_**designated by**_ geographical _**indications. A producer group may only be recognised**_

_**upon request. Within the framework of the recognition system, the authorities**_

_**referred to in Article 9(2) and producers referred to in Article 9(3) shall be deemed**_

_**to be recognised producer groups**_ .

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2. _**Member States that apply the system**_ referred to in _**paragraph 1 shall provide for**_

_**the following criteria for a producer group**_ to be ▌recognised _**:**_

_**(a)**_ _**a certain legal form; and**_

_**(b)**_ _**fulfilment of one of the following conditions:**_

_**(i)**_ _**a minimum share of more than 50 % of the producers of the product as**_

_**members; or**_

_**(ii)**_ _**a minimum share of members among the producers of the product and**_

_**a minimum share of more than 50 % of volume or value of marketable**_

_**production.**_

_**Member States may provide for additional criteria, such as:**_

_**(a)**_ _**having at its disposal the necessary financial contributions of its members;**_

_**(b)**_ _**rules on the admission of members, on the termination of membership and**_

_**on the infringement of membership obligations;**_

_**(c)**_ _**written statutes.**_

_**If a producer group ceases to fulfil the recognition criteria, the recognition shall**_

_**be suspended or withdrawn.**_

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_**3.**_ _**Where a producer group is recognised under the system referred to in paragraph 1**_

_**of this Article, the recognised producer group shall be the only one entitled to:**_

_**(a)**_ _**exercise the tasks referred to in Article 32 on behalf of all producers**_

_**producing the product designated by the geographical indication concerned,**_

_**without prejudice to the right of individual producers to act to defend their**_

_**interests;**_

_**(b)**_ _**receive a notification from a producer of prepacked food of the use of the**_

_**geographical indication of an ingredient in the name of a prepacked food as**_

_**referred to in Article 27(2);**_

_**(c)**_ _**request binding rules for the regulation of supply of products designated**_

_**by a geographical indication in accordance with Article 166a(1) of**_

_**Regulation (EU) No 1308/2013, including for a period of up to six years in**_

_**accordance with Article 166a(4), point (c), of that Regulation;**_

_**(d)**_ _**establish standard value sharing clauses that may be used in accordance**_

_**with Article 172a of Regulation (EU) No 1308/2013;**_

_**(e)**_ _**agree on sustainable practices, in accordance with Article 7 of this**_

_**Regulation;**_

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_**(f)**_ _**apply for approval of an amendment in accordance with Article 24(1) of**_

_**this Regulation;**_

_**(g)**_ _**lodge a request of cancellation in accordance with Article 25(2) of this**_

_**Regulation.**_

_**4.**_ _**Member States may also provide that the recognised producer group is the only**_

_**producer group entitled to exercise the tasks:**_

_**(a)**_ _**referred to in Article 32(4), points (a) and (d) where the effect of those tasks**_

_**concerns all the producers of the product designated by the geographical**_

_**indication concerned;**_

_**(b)**_ _**referred to in Article 32(4), points (b), (e) and (f) where those tasks are**_

_**exercised at international, national or regional level, without prejudice to the**_

_**possibility of the producers of the product designated by the geographical**_

_**indication concerned to exercise those tasks at local level.**_

_**5.**_ _**A producer group established in a Member State not applying a system referred to**_

_**in paragraph 1 of this Article shall be able to exercise the tasks referred to in**_

_**Article 32(4), points (b), (c), (e), and (f) in a Member State applying such a system.**_

▌

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_**6.**_ _**Where a geographical indication designates a cross-border geographical area, the**_

_**authorities of the Member States concerned or, where relevant, of the United**_

_**Kingdom in respect of Northern Ireland, shall cooperate in designating a single**_

_**recognised producer group. Where the Member States concerned or, where**_

_**relevant, the United Kingdom in respect of Northern Ireland, fail to reach an**_

_**agreement, or where one of the Member States concerned does not apply the**_

_**system referred to in paragraph 1, no producer group shall be recognised for that**_

_**geographical indication.**_

_**7.**_ _**Member States may decide that producer groups recognised under national law**_

_**before … [the date of entry into force of this Regulation] are recognised in**_

_**accordance with paragraph 1.**_

_**If such a recognised producer group does not meet the criteria set out in**_

_**paragraph 2, it shall adapt to the relevant rules by … [two years from the date of**_

_**entry into force of this Regulation]. If compliance is not achieved by that date, the**_

_**Member State concerned shall either prolong that deadline once for a maximum of**_

_**one year, or withdraw the recognition.**_

_**8.**_ _**If a Member State applies the system of recognised producer groups referred to in**_

_**paragraph 1, it shall notify the Commission through a digital system of the name**_

_**and address of the recognised producer group for each registered geographical**_

_**indication and update that information when a change occurs. The Commission**_

_**shall make that information publicly available and update the Union register of**_

_**geographical indications accordingly.**_

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_**Article 34**_

_**Associations of producer groups**_

_**1.**_ _**An association of producer groups may be set up on the initiative of interested**_

_**producer groups.**_

_**2.**_ _**An association of producer groups may exercise in particular the following tasks:**_

_**(a)**_ _**participating in consultative bodies;**_

_**(b)**_ _**exchanging information with public authorities on geographical**_

_**indication policy-related topics;**_

_**(c)**_ _**making recommendations to improve the development of geographical**_

_**indication policies, in particular with regard to sustainability, the fight**_

_**against fraud and counterfeiting, the creation of value among operators,**_

_**competition rules and rural development;**_

_**(d)**_ _**promoting and disseminating best practices among producers on**_

_**geographical indication policies;**_

_**(e)**_ _**taking part in promotion measures within the meaning of Regulation**_

_**(EU) No 1144/2014.**_

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_Article 35_

_Protection of geographical indication ▌in domain names_

▌

1. Country-code top-level domain name registries established in the Union shall ensure

that ▌alternative dispute resolution _**procedures for**_ domain names _**recognise**_

_**registered**_ geographical indications as _**a right that can be invoked in those**_

_**procedures**_ .

_**2.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article**_

_**87 supplementing this Regulation by laying down the provisions entrusting the**_

_**EUIPO to establish and manage a domain name information and alert system that**_

_**would provide the applicant upon the submission of an application for a**_

_**geographical indication with information about the availability of the geographical**_

_**indication as a domain name and, on an optional basis, about the registration of a**_

_**domain name identical to their geographical indication. Country-code top-level**_

_**domain name registries, established in the Union, may provide the EUIPO with the**_

_**relevant information and data, on a voluntary basis.**_

3. _**By … [18 months from the date of entry into force of this Regulation] the**_

_**Commission shall carry out an evaluation of the necessity and feasibility of an**_

information and alert system _**referred to in paragraph 2, taking into account the**_

_**functioning**_ of the _**voluntary provision of information and data referred to in that**_

_**paragraph, and submit a report with its main findings to the European Parliament**_

_**and the Council. That report shall be accompanied by a legislative proposal, where**_

_**appropriate.**_

▌

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_Article 36_

_Right_ _**to**_ _use_

A registered geographical indication may be used by any operator marketing a product _**that**_

_**complies with**_ the corresponding product specification ▌.

Member States shall ensure that operators are covered by the verification of compliance with

the product specification established in accordance with Article 39 _**of this Regulation**_ or

_**Article 116a of Regulation (EU) No 1308/2013, as applicable**_ . ▌

In the event that a geographical indication consists of or contains the name of the estate of a

single applicant producer, that shall not prevent other ▌operators from using the registered

geographical indication provided that it is used to designate a product that _**complies**_ with the

product specification.

_Article 37_

_Union symbols, indications and abbreviations_

_**1.**_ _**Indications, abbreviations and symbols referring to geographical indications shall**_

_**not be used other than in connection with products produced in compliance with**_

_**the relevant product specification. They may also be used for information and**_

_**educational purposes, provided that such use is not likely to mislead the consumer.**_

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2. The following Union symbols designed to mark and publicise geographical

indications shall be established:

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

and

(b) a symbol identifying protected geographical indications of _**agricultural**_

_**products. That symbol may also be used for**_ geographical indications of spirit

drinks.

3. In the case of _**agricultural**_ products _**and spirit drinks**_ originating in the Union that

are marketed under a geographical indication, the Union symbol associated with it

shall appear _**in**_ the labelling and advertising material. As regards the labelling, the

geographical indication shall appear in the same field of vision as the Union symbol.

The labelling requirements laid down in Article 13(1) of Regulation (EU) No

1169/2011 for the presentation of mandatory particulars shall apply to the

geographical indication.

4. By way of derogation from _**the first subparagraph of**_ paragraph 3, in the case of

▌spirit drinks ▌, Union symbols may be omitted ▌.

_**5.**_ _**Where agricultural products are designated by a geographical indication, an**_

_**indication of the name of the producer or operator shall appear**_ in the labelling, _**in**_

_**the same field of vision as the geographical indication. In that case, the name of**_

_**the operator shall be understood as the name of the operator responsible for the**_

_**production stage at which the product to be covered by the geographical indication**_

_**is obtained, or responsible for carrying out substantial processing of that product.**_

_**In the case of spirit drinks designated by a geographical indication, an indication**_

_**of the name of the producer shall appear in the labelling, in the same field of**_

_**vision as the geographical indication.**_

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_**Where packaging or containers have as their largest surface that described in**_

_**Article 16(2) of Regulation (EU) No 1169/2011, the indication of the name of the**_

_**producer or operator shall be voluntary.**_

_**Agricultural products and spirit drinks that are marketed under a geographical**_

_**indication, which were labelled before … [24 months from the date of entry into**_

_**force of this Regulation], may continue to be placed on the market without**_

_**complying with the obligation to indicate the name of the producer or operator in**_

_**the same field of vision as the geographical indication, until existing stocks are**_

_**exhausted.**_

▌

6. Where ▌ agricultural products or spirit drinks are designated by a geographical

indication _**,**_ the indications ‘protected designation of origin’ or ‘protected

geographical indication’ _**may**_ appear _**in**_ the labelling _**and advertising material**_ of

agricultural products and the indication ‘geographical indication’ may appear _**in**_ the

labelling _**and advertising material**_ of spirit drinks, respectively.

The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected

designation of origin’ or ‘protected geographical indication’, may appear _**in**_ the

labelling _**and advertising material**_ of ▌agricultural products designated by a

geographical indication.

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7. Indications _**and abbreviations**_ may be used in the labelling and advertising _**material**_

of processed products when the geographical indication refers to an ingredient

thereof. In that case, the indication _**or abbreviation**_ shall be placed next to the name

of the ingredient that is clearly identified as an ingredient. The Union symbol shall

not be placed in association with the name of the food within the meaning of Article

17 of Regulation (EU) No 1169/2011 ▌.

▌

8. Union symbols indicating the protected designation of origin or protected

geographical indication and the indications ‘protected designation of origin’,

‘protected geographical indication’ and ‘geographical indication’ and the

abbreviations ‘PDO’ or ‘PGI’ as relevant, may appear on the labelling only after the

publication of the act of registration of that geographical indication.

▌

9. The following may also appear _**in**_ the labelling:

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

specification; and

(b) text, graphics or symbols referring to the Member State and the region in which

that geographical area of origin is located _**provided that such references do not**_

_**mislead the consumer as to the true identity or origin of the product**_ .

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10. Union symbols associated with geographical indications entered in the Union register

of geographical indications designating products originating in third countries, may

appear _**in**_ the product labelling and advertising material, in which case the symbols

shall be used in conformity with paragraph 3 ▌.

11. The Commission _**shall,**_ by means of implementing acts, ▌specify the technical

characteristics of the Union symbols for geographical indications as well as the

_**technical**_ rules on their use and the use of the indications and abbreviations on

products marketed under a registered geographical indication, including ▌linguistic

versions. Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 88 _**(2)**_ .

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

_Article 38_

_Scope_

1. This Chapter _**applies to wine, spirit drinks and agricultural products.**_

_**However, paragraph 2, first subparagraph, point (a), paragraph 3 and, as regards**_

_**the verification of compliance with the product specification, paragraph 4 of this**_

_**Article, and Articles 39, 40, 41 and 44 apply**_ only to spirit drinks and ▌agricultural

products.

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2. For the purposes of this Chapter, controls _**mean**_ :

(a) verification that a product designated by a geographical indication has been

produced in compliance with the corresponding product specification; and

(b) _**verification**_ of the use of geographical indications in the _**market, including on**_

_**online interfaces**_ .

_**For the purposes of this Chapter, enforcement includes any action that aims to**_

_**ensure compliance with Title II, Chapter 3, of this Regulation.**_

3. _**Competent authorities, delegated bodies and natural persons to which certain**_

_**official control tasks have been delegated**_ shall comply with the requirements laid

down in Regulation (EU) 2017/625.

_**4.**_ _**Notwithstanding Article 116(1) of Regulation (EU) 2017/625, the Commission**_

_**shall perform the controls, including audits, on geographical indications provided**_

_**for in**_ Title VI, Chapter _**I, of Regulation (EU) 2017/625, based on a risk analysis,**_

_**according to the relative volume of geographical indications in the Member State,**_

_**the number of checks carried out or the irregularities linked to the verification of**_

_**compliance or of use of the geographical indications set out in the Member State’s**_

_**annual report prepared in accordance with Article 113 of Regulation (EU)**_

_**2017/625. Article 116(2) and Articles 118 and 120 to 124**_ of Regulation (EU)

2017/625 shall not apply to controls _**, including audits,**_ of geographical indications.

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_Article 39_

_Verification of compliance with the product specification_

1. _**For the purposes of this Chapter, each operator wishing to participate in any**_

_**activity covered by the product specification of a product designated by a**_

_**geographical indication shall notify the competent authorities, delegated bodies or**_

_**natural persons referred to in paragraph 3, points (a) and (b).**_ Member States shall

draw up and keep up-to-date a list of _**operators who perform activities subject to one**_

_**or more obligations provided for in the product specification of**_ a product

designated by a geographical indication entered in the Union register of geographical

indications originating in their territory.

2. Producers are responsible for _**own**_ controls that ensure compliance with the product

specification of products designated by geographical indications before the product is

placed on the market.

3. In addition to _**own**_ controls referred to in paragraph 2, prior to placing on the market

a product designated by a geographical indication and originating in the Union,

▌verification of compliance with the product specification, shall be carried out by:

(a) one or more competent authorities within the meaning of Article 3, point (3), of

Regulation (EU) 2017/625; or

(b) one or more _**delegated bodies or natural persons**_ to which _**certain official**_

_**control tasks**_ have been delegated, as referred to in Title II, Chapter III, of

Regulation (EU) 2017/625.

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4. In respect of geographical indications that designate products originating in a third

country, the verification of compliance with the product specification, before placing

the product concerned on the market, shall be carried out by:

(a) _**one or more**_ competent _**authorities**_ designated by the third country; or

(b) one or more product certification bodies.

5. _**If an activity covered by**_ the product specification ▌is carried out by one or more

_**operators**_ in a country other than the country of the origin of the geographical

indication, provisions for verification of compliance of those _**operators**_ shall be set

out in the product specification. If the relevant _**operation**_ takes place in the Union,

the _**operators**_ shall _**notify it**_ to the competent authorities of the Member State where

the _**operation**_ takes place and be subject to verification ▌.

6. Where a Member State applies Article 9(2), the verification of compliance with the

product specification shall be ensured by an authority other than that deemed to be a

producer group under that paragraph.

7. The costs of verification of compliance with the product specification may be borne

by the operators which are subject to those controls. Member States may _**collect fees**_

_**or charges to cover, in whole or in part, the**_ costs _**of official controls and other**_

_**official activities**_ .

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_**8.**_ _**The Commission shall adopt implementing acts concerning:**_

_**(a)**_ _**the communication to be made by third countries to the Commission,**_

_**including on**_ names and addresses of the competent authorities and product

certification bodies _**;**_

_**(b)**_ _**the arrangements for monitoring and verifying the operations provided for in**_

_**paragraph 5.**_

_**Those implementing acts shall be adopted in accordance with the examination**_

_**procedure referred to in Article 88(2).**_

_Article 40_

_Public information on competent authorities_ **,** _**delegated**_ _and product certification bodies_ _**and**_

_**natural persons**_

1. Member States shall make public the names and addresses of the competent

authorities _**, delegated bodies and natural persons**_ referred to in Article 39(3) _**for**_

_**each product designated by a geographical indication**_ and shall keep that

information up-to-date.

2. The Commission shall make public the names and addresses of the competent

authorities and product certification bodies referred to in Article 39(4) and shall

update that information regularly.

3. The Commission may establish a digital portal where the names and addresses of the

competent authorities _**, delegated**_ and product certification bodies _**and natural**_

_**persons**_ referred to in paragraphs 1 and 2 are made public.

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_Article 41_

_Accreditation of_ _**delegated and**_ _product certification bodies_

1. The _**delegated**_ bodies referred to in Article 39(3), point (b), and _**the product**_

_**certification bodies referred to in**_ Article 39(4), point (b), shall comply with and be

accredited in accordance with _**either of the following standards as relevant for the**_

_**delegated tasks**_ :

(a) ▌Standard _**EN**_ ISO/IEC 17065 ▌‘Conformity assessment — Requirements for

bodies certifying products, processes and services’▌; or

_**(b)**_ _**Standard EN ISO/IEC 17020 ‘Conformity assessment — Requirements for**_

_**the operation of various types of bodies performing inspection’.**_

▌

2. Accreditation referred to in paragraph 1 shall be performed by _**a national**_

accreditation body recognised in accordance with Regulation (EC) No 765/2008, that

is a _**signatory of a Multilateral Agreement in the framework of the**_ European

_**Cooperation for**_ Accreditation _**covering the standards referred to in paragraph 1**_, or

by an accreditation body outside the Union that is a _**signatory of a Multilateral**_

_**Recognition Arrangement of the**_ International Accreditation Forum _**or a Mutual**_

_**Recognition Arrangement of the International Laboratory Accreditation**_

_**Cooperation covering the standards referred to in paragraph 1**_ .

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_Article 42_

_**Verification of the use**_ _of geographical indications in the_ _**market and enforcement**_

1. Member States shall designate one or more ▌competent authorities _**responsible for**_

_**verification of, and enforcement actions on, the use**_ of geographical indications

after the product designated by a geographical indication has _**been placed on the**_

_**market, which includes operations such as**_ storage, transit, distribution or _**offering**_

for sale _**, including in electronic commerce. Those authorities may be the same as**_

_**the competent authorities referred to in Article 39(3), point (a), of this Regulation**_

_**and Article 116a(2) of Regulation (EU) No 1308/2013.**_

2. The _**authorities referred to in paragraph 1**_ shall _**, regularly and with appropriate**_

_**frequency based on risk analysis and on notifications**_ _**received, including from**_

_**producer groups, act**_ to ensure _**compliance**_ with the product specification or with the

single document or an equivalent to the single document _**for the geographical**_

_**indication concerned, including in online presentations and labelling**_ .

3. Member States shall take appropriate administrative and judicial steps to prevent or

stop the use of names of products or services _**, including through online interfaces,**_

that are produced, _**provided**_ or marketed in their territory _**, or intended for export to**_

_**third countries, and that contravenes Articles**_ 26 and ▌27.

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_**4.**_ Member States shall take appropriate administrative and judicial steps to _**disable**_

_**access**_ to domain names that contravene Article 26(2) from their territory _**.**_

5. The authority _**or authorities**_ designated in accordance with paragraph 1 shall

_**facilitate the information exchange**_ among relevant departments, agencies and

bodies, _**such as**_ police, anti-counterfeiting agencies, customs, intellectual property

offices, food law authorities and retail inspectors _**, to ensure efficient enforcement**_ .

_Article 43_

_Obligations_ _**of**_ _providers_ _**on the online market**_

1. _**Any information related to the advertising, promotion and**_ sale of products that is

accessible to persons established in the Union and ▌that contravenes _**the protection**_

_**of geographical indications provided for in Articles 26 and 27 of this Regulation**_

shall be considered illegal content as defined in Article _**3**_, point _**(h),**_ of Regulation

(EU) _**2022/2065**_ .

2. The r _**elevant national judicial or administrative**_ authorities of the Member States

may _**,**_ in accordance with Article _**9**_ of Regulation (EU) _**2022/2065, issue an order to**_

_**act**_ against illegal content ▌referred to in paragraph 1 of this Article.

3. In accordance with Article 16 of Regulation (EU) _**2022/2065**_, any individual or entity

may notify providers of hosting services of the presence of a specific content that is

in breach of _**Articles 26 and 27**_ of this Regulation.

▌

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_Article 44_

_Mutual assistance and exchange of information_

1. Member States shall assist each other for the purpose of carrying out the controls and

enforcement provided for in this Chapter in accordance with _**Title IV of**_ Regulation

(EU) 2017/625.

2. The Commission may, by means of implementing acts, lay down detailed rules on

the nature and the type of the information to be exchanged _**among Member States**_

and the methods for exchanging _**that**_ information for the purpose of controls and

enforcement under this Chapter. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article _**88(2)**_ .

▌

_Article 45_

_**Attestation of compliance with the product specification**_

1. _**An operator**_ whose product, following the verification of compliance referred to in

Article 39 _**of this Regulation**_ _**and Article 116a of Regulation (EU) No 1308/2013,**_ is

found to comply with the product specification of a geographical indication protected

in accordance with this Regulation shall _**, on request, and depending on the system**_

_**applied in the Member State concerned, be entitled to either:**_

_**(a)**_ _**an attestation, including by digital means, which may be a certified copy,**_

_**certifying compliance of its production with the product specification; or**_

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_**(b)**_ _**inclusion in a list of approved operators established by the competent**_

_**authority, such as the list provided for in Article 39(1) of this Regulation or**_

_**Article 116a of Regulation No 1308/2013, as applicable. The relevant extract**_

_**of the list (‘listing’) shall be made available online to each approved**_

_**operator.**_

2. The _**attestation of compliance and the listing**_ referred to in paragraph 1, points (a)

and (b), respectively, shall be made available on request to enforcement authorities,

customs or other authorities in the Union engaged in verifying the use of

geographical indications on goods declared for free circulation or placed on the

internal market. The _**operator**_ may make the _**attestation or the listing**_ available to the

public or to any person who _**may request**_ proof _**of compliance**_ in the course of

business. _**That attestation and listing shall be updated periodically,**_ based on a risk

assessment _**.**_

_**3.**_ _**An operator that is no longer accorded the attestation of compliance or that has**_

_**been removed from the list shall not be allowed to continue to display or use the**_

_**attestation of compliance or the listing.**_

_**4.**_ _**The Commission shall, by means of implementing acts, lay down detailed rules on**_

_**the form and content of the attestation of compliance and listing, the forms in**_

_**which they are to be made available by the operators or traders for control or in**_

_**the course of business, as well as on the circumstances under which, and the forms**_

_**in which, an equivalent attestation is required in the case of products originating**_

_**in third countries.**_ _**Those implementing acts shall be adopted in accordance with**_

_**the examination procedure referred to in Article 88(2).**_

▌

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## **Chapter 5** **Designations of origin and geographical indications of agricultural** **products**

_Article 46_

_Designations of origin and geographical indications_ _**of agricultural products**_

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

product:

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

(b) whose quality or characteristics are essentially or exclusively due to a

particular geographical environment with its inherent natural and human

factors; and

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

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

product:

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

(b) whose given quality, reputation or other characteristic is essentially attributable

to its geographical origin; and

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

geographical area.

▌

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3. Notwithstanding paragraph 1, certain names shall be registered as designations of

origin even though the raw materials for the products concerned come from a

geographical area larger than, or different from, the defined geographical area,

provided that:

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

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

(c) there are control arrangements to ensure that the conditions referred to in point

(b) are adhered to; and

(d) the designations of origin concerned were recognised as designations of origin

in the country of origin before 1 May 2004.

For the purposes of this paragraph, only live animals, meat and milk may be

considered as raw materials.

▌

_**Article 47**_

_**Specific rules on sourcing of feed and of raw materials, and on slaughtering**_

_**1.**_ _**In respect of a product of animal origin, the name of which is registered as a**_

_**designation of origin, feed shall be sourced entirely from within the defined**_

_**geographical area.**_

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_**2.**_ _**Insofar as sourcing entirely from within the defined geographical area is not**_

_**practicable, feed sourced from outside that area may be added, provided that the**_

_**product quality or characteristics essentially due to the geographical environment**_

_**are not affected. The amount of feed sourced from outside the defined**_

_**geographical area shall not exceed 50 % of dry matter on an annual basis.**_

_**3.**_ _**A temporary amendment, as referred to in Article 24(5), may derogate from**_

_**paragraph 2 of this Article until the possibility of sourcing feed from within the**_

_**defined geographical area can be re-established, provided that the link referred to**_

_**in Article 49(1), point (f)(i), is not entirely voided.**_

_**4.**_ _**Any restrictions to the origin of raw materials provided in the product specification**_

_**of a product the name of which is registered as a geographical indication shall be**_

_**justified with respect to the link referred to in Article 49(1), point (f)(ii).**_

_**5.**_ _**The Commission is empowered to adopt delegated acts in accordance with Article**_

_**87 supplementing this Regulation by laying down derogations and conditions with**_

_**regard to the slaughtering of live animals and with regard to the sourcing of raw**_

_**materials. Those derogations and conditions shall be based on objective criteria**_

_**and shall take into account animal welfare, quality or usage of raw materials and**_

_**recognised know-how or natural factors, including constraints affecting**_

_**agricultural production in certain areas.**_

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_Article 48_

_Plant varieties and animal breeds_

1. A name may not be registered as a geographical indication where it conflicts with a

▌plant variety or animal breed _**denomination**_ and is likely to mislead the consumer

as to the true identity or origin of the product designated by the geographical

indication or cause confusion between products designated by the geographical

indication and the _**plant**_ variety or _**animal**_ breed concerned.

2. The conditions referred to in paragraph 1 shall be assessed in relation to the actual

use of the names in conflict, including the use of the ▌plant variety or animal breed

_**denomination**_ outside its area of origin and the use of the denomination of a plant

variety ▌.

3. This Regulation shall not prevent the placing on the market of a product that does not

conform with the product specification of a registered geographical indication, the

labelling of which includes the name or part of the name of that geographical

indication, that contains or comprises the ▌plant variety or animal breed

_**denomination**_, provided that the following conditions are met:

(a) the product concerned comprises or is derived from the _**plant**_ variety or _**animal**_

breed indicated;

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(b) consumers are not misled;

(c) the usage of the _**plant**_ variety or _**animal**_ breed _**denomination**_ constitutes fair

competition;

(d) the usage _**of the plant variety or animal breed denomination**_ does not exploit

the reputation of the registered geographical indication; and

(e) the production and marketing of the product concerned had spread beyond its

area of origin prior to the date of application for registration of the

geographical indication.

4. The Commission is empowered to adopt delegated acts in accordance with Article 87

_**supplementing this Regulation by laying down**_ rules for determining the use of

▌plant _**variety**_ and animal _**breed denominations**_ .

▌

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_Article 49_

_Product specification_

1. ▌A product specification ▌shall include at least:

(a) the name to be _**registered**_ as a designation of origin or geographical indication,

_**as it is**_ used in trade or in common language to describe the specific product in

the defined geographical area;

(b) a description of the product, including, where relevant, the raw materials, plant

varieties and animal breeds concerned, including the commercial designation

of the species and its scientific name, as well as the principal physical,

chemical, microbiological or organoleptic characteristics of the product;

(c) the definition of the _**geographical area**_ delimited _**with regard to**_ the link

referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate,

details indicating compliance with the requirements of Article 46(3) ▌;

(d) evidence that the product originates in the defined geographical area specified

in accordance with Article 46(1), point (c), or Article 46(2), point (c);

(e) a description of the method of obtaining the product and, where appropriate,

the _**authentic and unvarying local methods**_ ; as well as information concerning

packaging, if the applicant _**producer**_ group so determines and gives sufficient

product-specific justification as to why the packaging must take place in the

defined geographical area to safeguard quality, to ensure the origin or to ensure

control, taking into account Union law, in particular Union law relating to the

free movement of goods and the free provision of services;

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(f) details establishing the following:

(i) as regards a _**protected**_ designation of origin, the link between the quality

or characteristics of the product and the geographical environment

referred to in Article 46(1), point (b). The details concerning human

factors of that geographical environment may, where relevant, be limited

to a description of the soil and landscape management, cultivation

practices or any other relevant human contribution to the maintenance of

the natural factors of the geographical environment referred to in that

provision;

(ii) as regards a _**protected**_ geographical indication, the link between a given

quality, the reputation or other characteristic of the product and the

geographical origin referred to in Article 46(2), point (b).

▌

2. The product specification may also include _**:**_

_**(a)**_ _**sustainable practices as set out in Article 7;**_

_**(b)**_ _**any specific labelling rule for the product concerned;**_

_**(c)**_ _**other applicable requirements where provided for by Member States or by a**_

_**producer group, if applicable, having regard to the fact that such**_

_**requirements must be objective, non-discriminatory and compatible with**_

_**Union and national law.**_

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3. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down rules which limit the information

contained in the product specification referred to in paragraph 1 of this Article,

where such a limitation is necessary to avoid excessively voluminous applications for

registration.

4. The Commission may, by means of implementing acts, lay down rules on the form of

the product specification. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in Article _**88(2)**_ .

_Article 50_

_Single document_

1. The single document shall comprise:

(a) the main points of the product specification, namely ▌the name _**to be**_

_**registered as a designation of origin or geographical indication**_, a description

of the product, including, where appropriate, specific rules concerning

packaging and labelling and a concise definition of the geographical area;

(b) a description of the link between the product and the geographical environment

or geographical origin referred to in Article 49(1), point (f), including, where

appropriate, the specific elements of the product description or production

method justifying that link.

2. The Commission may, by means of implementing acts, lay down the format and the

online presentation of the single document provided for in paragraph 1 of this Article

and provide for the exclusion or anonymisation of ▌personal data. Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article _**88(2)**_ .

▌

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## **Title III** Traditional specialities guaranteed and optional quality terms _Chapter 1_ _Scope_

_**Article 51**_

_**Scope**_

_**This Title applies to agricultural products, including foodstuffs.**_

_**For the purposes of this Title, the term ‘agricultural products, including foodstuffs’ covers**_

_**agricultural products intended for human consumption listed in Annex I to the TFEU as**_

_**well as foodstuffs and agricultural products listed in Annex II to this Regulation.**_

_**This Title shall not apply to spirit drinks or grapevine products as defined in Part II of**_

_**Annex VII to Regulation (EU) No 1308/2013, with the exception of wine-vinegars.**_

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## **Chapter 2** **Traditional specialities guaranteed**

_Article 52_

_**Objectives**_

1. A scheme for traditional specialities _**guaranteed (TSGs)**_ is established to safeguard

traditional methods of production and recipes by helping _**:**_

_**(a)**_ _**producers of traditional products in marketing and communicating the**_

_**value-adding attributes of their traditional recipes and products to**_

_**consumers;**_

_**(b)**_ _**to generate added value by contributing to fair competition in the marketing**_

_**chain, a fair income for producers and contributing to the achievement of**_

_**rural development policy objectives.**_

2. The registration and the protection of traditional specialities guaranteed are without

prejudice to the obligation of producers to comply with other Union rules, in

particular relating to the placing of products on the market, to the single common

organisation of the markets, and to food labelling.

3. Directive (EU) 2015/1535 shall not apply to the scheme for traditional specialities

guaranteed laid down in this Regulation.

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_Article 53_

_Eligibility criteria_

1. A name shall be eligible for registration as a traditional speciality guaranteed where

it describes a ▌product that:

(a) results from a mode of production, processing or composition corresponding to

traditional practice for that product ▌; or

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

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

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

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

3. Where, in the opposition procedure under Article 61, it is demonstrated that the name

is also used in another Member State or in a third country, in order to distinguish

comparable products or products that share an identical or similar name, the decision

on registration adopted in accordance with Article 64(3) _**, point (b)**_ may provide that

the name of the traditional speciality guaranteed is to be accompanied by the claim

‘made following the tradition of’ immediately followed by the name of a country or a

region thereof.

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4. A name shall not be registered if it refers only to claims of a general nature used for a

set of products, or to claims provided for in particular Union legislation.

5. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down additional rules _**clarifying**_ the

eligibility criteria laid down in this Article.

_Article 54_

_Product specification_

1. _**include at least**_ :
▌A product specification ▌shall

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

versions;

(b) a description of the product including its main physical, chemical,

microbiological or organoleptic characteristics;

(c) a description of the production method that the producers must follow,

including, where appropriate, the nature and characteristics of the raw materials

or ingredients used, if relevant including the commercial designation of the

species involved and its scientific name, and the method by which the product

is prepared; and

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

_**The product specification may also include labelling requirements.**_

2. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down rules which limit the information

contained in the _**product specification**_, where such a limitation is necessary to avoid

excessively voluminous applications for registration.

3. The Commission may, by means of implementing acts, lay down rules on the form of

the product specification. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in Article 88 _**(2)**_ .

_**Article 55**_

_**Producer groups**_

_**1.**_ _**A producer group shall be an association, irrespective of its legal form, composed**_

_**of producers of the same product or products. It shall be set up on the initiative of**_

_**producers according to the nature of the product or products concerned. A**_

_**producer group shall operate in a transparent and non-discriminatory manner. It**_

_**shall also be democratically organised, controlled and scrutinised by its members.**_

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_**2.**_ _**Member States may decide that operators, representatives of economic activities**_

_**linked to one of the stages of the supply chain of products designated by a**_

_**traditional speciality guaranteed and**_ stakeholders _**referred to in Article 157 of**_

_**Regulation (EU) No 1308/2013 may be members of a producer group, if they have**_

_**a specific interest in the products covered by the producer group. Those members**_

_**shall not control the producer group.**_

_**3.**_ _**A producer group may exercise in particular the following tasks:**_

_**(a)**_ _**develop the product specification, apply for amendment and cancellation,**_

_**manage the own controls of its members;**_

_**(b)**_ _**take action to improve the performance of the traditional specialities**_

_**guaranteed;**_

_**(c)**_ _**develop information and promotion activities aiming at communicating the**_

_**value-adding attributes of the product to the consumer;**_

_**(d)**_ _**take measures to enhance the value of products and, where necessary, take**_

_**steps to prevent or counter any measures detrimental to the image of those**_

_**products.**_

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_Article 56_

_National stage of the procedure of registration_

1. Applications for the registration of a traditional speciality guaranteed may only be

submitted by _**an applicant producer group. An applicant producer group shall be**_

_**an association, irrespective of its legal form, composed**_ of producers of _**the same**_

_**product**_ the name _**of which is proposed for registration or of a single producer**_

_**where the person concerned is the only producer willing to submit an application**_ .

Several _**applicant producer**_ groups from different Member States or third countries

may lodge a joint application for registration. _**Public bodies and other interested**_

_**parties may assist in the preparation of the application and in the related**_

_**procedure.**_

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

comprise:

(a) the name and address of the applicant _**producer group**_ ;

(b) the product specification as provided for in Article 54.

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3. Where the application is prepared by a _**producer**_ group ▌established in a Member

State, the application shall be addressed to the authorities of that Member State. The

Member State shall examine the application in order to check that it ▌meets the

conditions of the eligibility criteria referred to in Article 53. As part of that

examination, the Member State shall _**conduct**_ a national opposition procedure. If the

Member State considers that the requirements of this Chapter are met, it may take a

favourable decision and submit _**an**_ application for registration _**at Union stage as**_

_**referred to in Article 58**_ .

4. The Member State shall ensure that ▌any natural or legal person having a legitimate

interest has the opportunity to challenge _**its**_ decision. The Member State shall also

ensure that _**a favourable decision and the corresponding product specification are**_

published, and shall provide electronic access to the product specification.

▌

_Article 57_

_**▌**_ _Application for registration_ _**at Union stage**_

1. _**An**_ application for the registration _**at Union stage**_ of a traditional speciality

guaranteed shall comprise the _**product specification as provided for**_ in Article 54

and:

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(a) for applications from Member States, a declaration by the Member State _**to**_

_**which the application was addressed at the national stage of the procedure of**_

_**registration, confirming that the application**_ meets the conditions _**for**_

_**registration and information on any admissible opposition at national level**_

_**following the national examination and opposition procedure; or**_

_**(b)**_ _**for applications from third countries, a power of attorney where the**_

_**applicant is represented by an agent.**_

2. The documents referred to in paragraph 1 shall be drafted in one of the official

languages of the Union.

3. ▌A joint application ▌shall _**include the product specification as provided for in**_

_**Article 54 and, if**_ relevant, the ▌declaration referred to in paragraph 1, point (b), of

this Article from all Member States _**or third countries**_ concerned. The related

national procedures, including the opposition stage, shall be carried out in all the

Member States concerned.

▌

4. The Commission _**shall,**_ by means of implementing acts, lay down detailed rules on

procedures, the form and presentation of applications for registration, including

▌applications for the registration of a traditional speciality guaranteed concerning

more than one national territory. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 88 _**(2)**_ .

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_Article 58_

_Submission of the ▌application for registration_ _**at Union stage**_

1. An application for the registration of a traditional speciality guaranteed at Union

stage shall be submitted to the Commission electronically, through a digital system.

_**Following a request from at least one Member State, the Commission shall adapt**_

the digital system _**to make it suitable to be used in the**_ national _**part of the procedure**_

_**for registration of a traditional speciality guaranteed by any**_ Member State _**who so**_

_**wishes.**_

2. _**Where the application for registration is prepared by an applicant established in a**_

_**third country, the application**_ shall _**be submitted to the Commission, either directly**_

_**by an applicant, namely a producer group or a single producer, or via the**_

authorities of _**the**_ third _**country concerned**_ .

_**3.**_ _**A joint application for registration referred to in Article 56(1) shall be submitted**_

_**by:**_

_**(a)**_ _**one of the Member States concerned; or**_

_**(b)**_ _**an applicant of a third country, namely a producer group or a single**_

_**producer, either directly or through the authorities of that third country.**_

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4. _**The names for which**_ applications for registration _**at Union stage have been**_

_**submitted**_ shall be made public by the Commission ▌through the digital system

referred to in _**paragraph 1.**_

_Article 59_

Examination _by the Commission and publication for opposition_

1. The Commission shall examine any application that it receives in accordance with

Article 58 _**(1), (2) and (3)**_ in order to check that it contains _**the required**_ information

_**and that it contains no manifest errors, taking into account the outcome of the**_

_**examination and opposition procedure carried out by the Member State concerned**_ .

Such examination shall take into account the outcome of the national stage of the

procedure carried out by the Member State concerned.

2. The _**examination shall**_ not exceed a period of six months _**from the day of the**_

_**reception of the application. The Commission may request from the applicant any**_

_**necessary supplementary information or modification. Where**_ the Commission

_**addresses to**_ the applicant _**such request, the examination period shall not exceed a**_

_**period of five months from the day on which the Commission receives the**_

_**applicant's reply**_ .

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3. _**In the event that**_ the Commission _**does not conclude the examination referred to in**_

_**paragraph 2 within the prescribed deadlines, it shall inform**_ the applicant _**of the**_

_**reasons for the delay in writing indicating the estimated time necessary to conclude**_

_**it, which shall not exceed one month**_ .

4. Where, based on the examination carried out in accordance with paragraph 1 of this

Article, the Commission considers that the conditions laid down in _**Articles 53, 54,**_

_**56 and 57**_ are fulfilled, it shall publish the product specification in the _Official_

_Journal of the European Union_ .

_Article 60_

_National challenge to an application for registration_

1. Member States shall keep the Commission informed of any national administrative

or judicial proceedings that may _**prejudice**_ the registration of a traditional speciality

guaranteed. ▌

2. ▌The Commission shall be exempted from the obligation to meet the deadlines to

perform the examination referred to in Article 59(2) and to inform the _**Member State**_

of the reasons for the delay _**where it receives a communication from a Member**_

_**State, concerning an application for registration in accordance with Article 56,**_

_**which:**_

_**(a)**_ _**informs the Commission that the decision referred to in Article 56(3) has**_

_**been invalidated at national level by an immediately applicable but not final**_

_**administrative or judicial decision; or**_

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▌

_**(b)**_ _**requests the Commission 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.**_ _**The exemption shall have effect until the Commission is informed by the**_

_**Member State that the original application has been restored or that the**_

_**Member State withdraws its request for suspension.**_

_**4.**_ _**If the favourable decision of a Member State referred to in Article 56(3) has**_

_**been invalidated in full or in part by a final decision taken by a national**_

_**court, the Member State shall consider appropriate action such as**_

_**withdrawal or modification of the application for registration at Union stage,**_

_**as necessary.**_

_Article 61_

_Union opposition procedure_

1. Within three months from the date of publication of the product specification in the

_Official Journal of the European Union_ in accordance with Article 59(4), the

authorities 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, may lodge

an opposition with the Commission.

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2. Any natural or legal person having a legitimate interest and established or resident in

_**at**_
a Member State other than the one from which the ▌application for registration

_**Union stage**_ was submitted, may lodge an opposition with the Member State in

which it is established or resident, within a time limit permitting _**that Member State**_

_**to examine that**_ opposition _**and to decide whether to lodge it with the Commission**_

in accordance with paragraph 1. _**Member States may specify that time limit in their**_

_**national legislation.**_

3. An opposition shall _**state that it opposes the registration of a traditional speciality**_

_**guaranteed**_ . An opposition that does not contain _**that statement**_ shall be void.

4. The Commission shall check the admissibility of the opposition. If the Commission

considers that the opposition is admissible it shall, within five months from the date

of publication _**referred to in Article 59(4)**_ of the product specification in the _Official_

_Journal of the European Union_, invite the _**opponent**_ and the ▌applicant ▌to engage

in appropriate consultations for a reasonable period that shall not exceed three

months. _**The Commission shall transmit to the applicant the opposition and all the**_

_**documents provided by the opponent.**_ At any time during that period, the

Commission may, at the request of the ▌applicant, extend the deadline for the

consultations _**once**_ by a maximum of three months.

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5. The _**opponent**_ and the ▌applicant ▌shall start consultations without undue delay.

They shall provide each other with the relevant information to assess whether the

application for registration complies with the conditions of this _**Chapter**_ .

6. Within one month from the end of the consultations referred to in paragraph 4, the

applicant ▌shall notify the Commission of the result of the consultations, including

all the information exchanged, whether agreement was reached with one or all of the

opponents, and of any consequent changes to the application. The _**opponent**_ may also

notify the Commission of its position at the end of the consultations.

7. Where, following the end of the consultations, the product specification published in

accordance with Article 59(4) has been modified, the Commission shall repeat its

examination of the application for registration as modified. Where the application

has been modified in a substantial manner, and the Commission considers that the

modified application meets the conditions for registration, it shall publish again the

_**product specification**_ in accordance with that paragraph.

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

languages of the Union.

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9. ▌The Commission shall finalise its assessment of the ▌application for registration _**at**_

_**Union stage**_, taking into account any request for transitional periods, the outcome of

the opposition procedure and any other matters arising subsequently to its

examination that may imply a change of the product specification.

10. The Commission is empowered to adopt delegated acts in accordance with Article 87

_**supplementing this Regulation by**_ laying down detailed procedures and deadlines

_**for the opposition procedure**_ .

11. The Commission _**shall, by means of**_ implementing acts, lay down _**the format and**_

_**presentation of oppositions and provide for the exclusion or anonymisation of**_

_**personal data**_ . Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 88 _**(2)**_ .

_Article 62_

_Grounds for opposition_

1. An opposition lodged in accordance with Article 61 _**shall**_ be admissible only if the

opponent _**shows that**_ :

(a) _**the proposed traditional speciality guaranteed does not comply**_ with the

provisions of this Chapter; or

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(b) _**the registration**_ of the name _**would jeopardise the existence of a wholly or**_

_**partially identical name**_ .

2. The _**admissibility of an opposition**_ shall be assessed in relation to the territory of the

Union.

_Article 63_

_Transitional periods for the use of traditional specialities guaranteed_

1. For products the designation of which consists of or contains a name that contravenes

Article 68, the Commission may, by means of implementing acts, grant a transitional

period of up to five years to enable the continued use of the designation under which

those products were marketed, provided that an admissible opposition, in accordance

with Article 56(3) or Article 61, to the application for registration of the traditional

speciality guaranteed whose protection is contravened, shows that such _**designation**_

has been legally used on the internal market for at least five years preceding the date

of the publication of the product specification referred to in Article 59(4).

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 88 _**(2)**_, except those

where an admissible opposition is lodged in accordance with Article 56(3), which

shall be adopted without applying that examination procedure.

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_Article 64_

_Commission decision on the application for registration_

1. Where, on the basis of the information available to the Commission from the

examination carried out in accordance with Article 59, the Commission considers

that any of the _**conditions**_ referred to in that Article is not fulfilled, it shall, by means

of implementing acts, reject the application for registration. Those implementing acts

shall be adopted in accordance with the examination procedure referred to in Article

88 _**(2)**_ .

2. _**In the absence of an**_ admissible opposition, the Commission shall, by means of

implementing acts and without applying the procedure referred to in Article 88 _**(2)**_,

register the traditional speciality guaranteed.

3. Where the Commission _**receives**_ an admissible opposition _**, it shall**_, _**following the**_

_**procedure referred to in Article 61 and taking into account the results thereof**_ :

(a) _**adopt implementing acts registering the traditional speciality guaranteed**_

without applying the procedure referred to in Article 88 _**(2)**_, if an agreement has

been reached, after checking that the agreement complies with Union law, and,

if necessary, amend the information published in accordance with Article 59(4)

provided that such amendments are not substantial; or

(b) adopt implementing acts deciding on the application for registration _**,**_ if an

agreement has not been reached. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 88 _**(2)**_ .

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4. The implementing acts on registering a traditional speciality guaranteed shall provide

for any conditions applicable to the registration and for the republication for

information of the _**product specification**_ published in _**accordance with Article 59(4)**_

_**and modified following the opposition procedure**_ in the case of _**modifications other**_

_**than those referred to in Article 61(7)**_ .

5. Commission implementing regulations _**on**_ registration and Commission

implementing decisions on rejection shall be published in the _Official Journal of the_

_European Union_, L series.

_Article 65_

_Union register of traditional specialities guaranteed_

1. The Commission shall, by means of implementing acts and without applying the

procedure referred to in Article 88 _**(2),**_ establish and maintain a publicly accessible

_**Union**_ register of traditional specialities guaranteed _**. Files entered in that register**_

_**after … [the date of entry into force of**_ this Regulation] _**shall be in a machine-**_

_**readable format as defined in Article 2, point**_ ( _**13), of Directive (EU) 2019/1024**_ .

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_**2.**_ _**The Commission shall retain,**_ in digital or paper form, _**documentation related to the**_

_**registration of a traditional speciality guaranteed. In the event of cancellation of**_

_**the registration, the Commission shall retain the documentation for 10 years**_

_**thereafter.**_

3. The Commission _**shall,**_ by means of implementing acts, specify _**the content and**_

_**presentation**_ of the Union register of traditional specialities guaranteed. Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 88 _**(2)**_ .

_Article 66_

_Amendments to a product specification_

1. A producer group _**of a product the name of which is a registered traditional**_

_**speciality guaranteed**_ may apply for the approval of an amendment to the product

specification ▌. Applications shall describe and give reasons for the amendments

requested.

2. The procedure for the amendment of a product specification shall follow, _**mutatis**_

_**mutandis**_, the procedure laid down in Articles 56 to 64.

3. The Commission is empowered to adopt delegated acts in accordance with Article 87

supplementing this Regulation by laying down the rules on the procedure for the

amendment of a product specification.

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4. The Commission _**shall,**_ by means of implementing acts, lay down detailed rules on

procedures, the form and presentation of an application for the amendment of a

product specification. Those implementing acts shall be adopted in accordance with

the examination procedure referred to _**in Article 88(2)**_ .

_Article 67_

_Cancellation of the registration_

1. The Commission may, on its own initiative or _**on a duly substantiated**_ request _**by a**_

_**Member State, a third country or**_ any natural or legal person having a legitimate

interest and _**established or resident in a third country**_, by means of implementing

acts, cancel the registration of a traditional speciality guaranteed in the following

cases:

(a) where compliance with the product specification _**can no longer be**_ ensured;

(b) where no product is placed on the market under the traditional speciality

guaranteed for at least the preceding _**seven consecutive**_ years.

2. The Commission may also, by means of implementing acts, cancel a registration at

the request of the producers of the product marketed under the registered name.

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3. Articles 56 to 62 and Article 64 shall apply _**mutatis mutandis**_ to the cancellation

procedure.

_**Oppositions shall be admissible only if they show continued commercial reliance**_

_**on the registered name by an interested natural or legal person.**_

4. Before adopting the implementing acts referred to in paragraphs 1 and 2, the

Commission shall consult the authorities of the Member State concerned, the

authorities of the third country concerned or, where possible, the third country

producer which had originally applied for the registration of the traditional speciality

guaranteed, unless the cancellation is directly requested by those original applicants.

_**The consultation period shall be at least one month.**_

▌

5. The Commission _**shall, by means of**_ implementing acts, lay down detailed rules on

procedures, the form and presentation of _**the requests**_ for the cancellation of a

registration of a traditional speciality guaranteed.

6. The implementing acts referred to in paragraphs 1, 2 and 5 of this Article shall be

adopted in accordance with the examination procedure referred to in Article 88 _**(2)**_ .

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_Article 68_

_Restriction on the use of registered traditional specialities guaranteed_

1. Registered traditional specialities guaranteed shall be protected against any misuse _**,**_

_**imitation or evocation, even if the protected name is translated**_, including as regards

products used as ingredients, or against any other practice liable to mislead the

consumer.

2. _**The names used for agricultural products and foodstuffs**_ at national level _**shall**_ not

give rise to confusion with registered traditional specialities guaranteed.

3. The protection referred to in paragraph 1 shall also apply with regard to products

sold through means of distance selling, such as electronic commerce.

▌

4. The Commission may, by means of implementing acts, lay down procedural

▌requirements for the protection of traditional specialities guaranteed. Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 88 _**(2)**_ .

_**5.**_ _**The Commission is empowered to adopt delegated acts in accordance with**_

_**Article 87 supplementing this Regulation by laying down additional rules on the**_

_**use of traditional specialities guaranteed in the name of processed products with**_

_**reference to the use of comparable ingredients and the criteria of conferring**_

_**essential characteristics on the processed products.**_

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_Article 69_

_Exceptions for certain uses_

The provisions of this Chapter shall be without prejudice to:

(a) the use of terms that are generic in the Union, even if the generic term is part of a

name that is protected as a traditional speciality guaranteed;

(b) the placing on the market of products the labelling of which contains or comprises

the denomination of a plant variety or animal breed _**denomination**_ used in good faith;

(c) the application of Union rules or those of Member States governing intellectual

property, and in particular those concerning _**designations of origin and**_ geographical

indications and trade marks and rights granted under those rules.

▌

_Article 70_

_**▌**_ _Union symbol_ _**,**_ _indication_ _**and abbreviation**_

▌

1. A Union symbol shall be established for ▌products designated as traditional

speciality guaranteed. The indication ‘traditional speciality guaranteed’, the

abbreviation ‘TSG’, and the Union symbol referring to the traditional speciality

guaranteed may only be used in connection with products produced in _**compliance**_

with the relevant product specification. _**They may also be used for information and**_

_**educational purposes, provided that such use is not likely to mislead the consumer.**_

_**The indication ‘traditional speciality guaranteed’ or the corresponding**_

_**abbreviation ‘TSG’ may appear in the labelling.**_

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2. In the case of products originating in the Union that are marketed as traditional

speciality guaranteed registered in accordance with this Regulation, the Union

symbol referred to in paragraph 2 shall appear _**in**_ the labelling and advertising

materials _**together with the registered name in the same field of vision**_ . The

labelling requirements set out in Article 13(1) of Regulation (EU) No 1169/2011 for

the presentation of mandatory particulars shall apply to the registered traditional

speciality guaranteed. ▌

3. The Union symbol _**may be used in**_ the labelling of traditional specialities guaranteed

which are produced outside the Union.

4. The Commission shall, by means of implementing acts, specify _**the technical**_

_**characteristics of**_ the Union symbol _**as well as the technical rules on their use and**_

_**the use**_ of the indication ▌ and the _**abbreviation on products marketed under a**_

_**traditional speciality guaranteed, including linguistic versions**_ . Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 88 _**(2)**_ .

_Article 71_

_Participation in the_ _**traditional speciality guaranteed scheme**_

_**1.**_ _**A name registered as a traditional speciality guaranteed may be used by any**_

_**operator marketing a product that complies with the corresponding product**_

_**specification.**_

2. Member States shall ensure that operators are covered by the verification of

compliance with the product specification established in accordance with Article 72.

▌

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_Article 72_

_Controls and enforcement_

1. Controls of traditional specialities guaranteed _**mean**_ :

(a) verification that a product designated by a traditional speciality guaranteed has

been produced in _**compliance**_ with the corresponding product specification;

and

(b) _**verification**_ of the use of traditional _**specialities**_ guaranteed in the _**market**_ .

_**2.**_ _**For the purposes of this Chapter, enforcement includes any action that aims to**_

_**ensure compliance with Articles 68, 69 and 70 of this Regulation.**_

_**3.**_ _**Competent authorities, delegated bodies and natural persons to which certain**_

_**official control tasks have been delegated shall comply with the respective**_

_**requirements laid down in Regulation (EU) 2017/625.**_

_**4.**_ _**Each operator wishing to participate in any activity subject to one or more**_

_**obligations provided for in the product specification of a product designated by a**_

_**traditional speciality guaranteed shall notify the competent authorities, delegated**_

_**bodies or natural persons referred to in paragraph 6, points (a) and (b).**_

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_**Member States**_ shall draw up and keep up-to-date a list of _**operators who perform**_

_**activities subject to one or more obligations provided for in the product**_

_**specification of**_ a product designated by a _**traditional speciality guaranteed**_ entered

in the Union register _**of traditional specialities guaranteed in their territory.**_

_**5.**_ _**Producers shall be responsible for own controls that ensure compliance with the**_

_**product specification of products designated by traditional specialities guaranteed**_

_**before the product is placed on the market.**_

6. _**In addition to own controls referred to in paragraph 5, prior to placing on the**_

_**market a product designated by a traditional speciality guaranteed and originating**_

_**in the Union, verification of compliance with the product specification**_ shall _**be**_

_**carried out by**_ :

(a) one or more competent authorities _**within the meaning of Article 3, point (3),**_

_**of Regulation (EU) 2017/625**_ ; _**or**_

(b) one or _**more delegated bodies or natural persons to**_ which _**certain official**_

_**control tasks have been delegated, as**_ referred to in _**Title II, Chapter III, of**_

_**Regulation (EU) 2017/625**_ .

▌

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7. In respect of traditional specialities guaranteed that designate products originating in

a third country, the verification of compliance with the product specification before

the placing on the market of the product shall be carried out by:

(a) one or more _**competent**_ authorities designated by the third country; _**or**_

(b) one or more product certification bodies.

_**The costs of verification of compliance with the product specification may be borne**_

_**by the operators which are subject to those controls. Member States may charge a**_

_**fee to cover their costs of verification of compliance with the product specification.**_

8. Member States shall make public the _**names and addresses**_ of the competent

authorities _**, delegated bodies and natural persons**_ referred to in _**paragraph 6 for**_

_**each product designated by a traditional speciality guaranteed**_ and keep that

information up-to-date.

9. The Commission shall make public the _**names and addresses**_ of the competent

authorities and product certification bodies referred to in paragraph 7 and update that

information regularly.

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10. The Commission may establish a digital portal where the name and the address of the

competent authorities _**, delegated**_ and product certification bodies _**and natural**_

_**persons**_ referred to in paragraphs 6 ▌and 7 are made public.

▌

_**11.**_ _**The Commission shall adopt implementing acts concerning the communication to**_

_**be made by the third countries to the Commission, including on**_ names and

addresses of the competent authorities and product certification bodies _**. Those**_

_**implementing acts shall be adopted in accordance with the examination procedure**_

_**referred to in Article 88(2).**_

12. The Commission may, by means of implementing acts and without applying the

procedure referred to in Article 88 _**(2)**_, lay down the means by which the name and

address of competent authorities and _**delegated**_ bodies referred to in this Article are

to be made public.

_**Article 73**_

_**Accreditation of delegated and product certification bodies**_

_**1.**_ _**The delegated bodies referred to in Article 72(6), point (b), and the product**_

_**certification bodies referred to in Article 72(7), point (b), shall comply with and be**_

_**accredited in accordance with either of the following standards as relevant for the**_

_**delegated tasks:**_

_**(a)**_ _**Standard EN ISO/IEC 17065 ‘Conformity assessment — Requirements for**_

_**bodies certifying products, processes and services’; or**_

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_**(b)**_ _**Standard EN ISO/IEC 17020 ‘Conformity assessment — Requirements for**_

_**the operation of various types of bodies performing inspection’.**_

_**2.**_ _**Accreditation referred to in paragraph 1 shall be performed by a national**_

_**accreditation body recognised in accordance with Regulation (EC) No 765/2008,**_

_**that is a signatory of a Multilateral Agreement in the framework of the European**_

_**Cooperation for Accreditation covering the standards referred to in paragraph 1,**_

_**or by an accreditation body outside the Union that is a signatory of a Multilateral**_

_**Recognition Arrangement of the International Accreditation Forum or a Mutual**_

_**Recognition Arrangement of the International Laboratory Accreditation**_

_**Cooperation covering the standards referred to paragraph 1.**_

_**Article 74**_

_**Verification of the use of traditional speciality guaranteed in the market and enforcement**_

_**1.**_ _**Member States shall designate one or more competent authorities responsible for**_

_**verification of, and enforcement actions on, the use of traditional speciality**_

_**guaranteed after the product designated by a traditional speciality guaranteed has**_

_**been placed on the market, which includes operations such as storage, transit,**_

_**distribution or offering for sale, including in electronic commerce. Those**_

_**authorities may be the same as the competent authorities referred to in Article**_

_**72(6), point (a). Verification of the use of traditional specialities guaranteed shall**_

_**be carried out on the basis of a risk analysis.**_

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_**2.**_ _**The authorities referred to in paragraph 1 shall ensure the compliance with the**_

_**product specification for the traditional speciality guaranteed concerned.**_

_**3.**_ _**Member States shall take appropriate administrative and judicial steps to prevent**_

_**or stop the use of names of products or services that are produced, provided or**_

_**marketed in their territory, or intended for export to third countries, and that**_

_**contravenes the protection of traditional specialities guaranteed provided for in**_

_**Article 68.**_

_**4.**_ _**The authority or authorities designated in accordance with paragraph 1 shall**_

_**facilitate the information exchange among relevant departments, agencies and**_

_**bodies, such as police, anti-counterfeiting agencies, customs, intellectual property**_

_**offices, food law authorities and retail inspectors, to ensure efficient enforcement.**_

_**Article 75**_

_**Obligations of providers on the online market**_

_**1.**_ _**Any information related to the advertising, promotion and sale of products that is**_

_**accessible to persons established in the Union and that contravenes the protection**_

_**of traditional speciality guaranteed provided for in Article 68 of this Regulation**_

_**shall be considered illegal content as defined in Article 3, point (h), of Regulation**_

_**(EU) 2022/2065.**_

_**2.**_ _**The relevant national judicial or administrative authorities of the Member States**_

_**may, in accordance with Article 9 of Regulation (EU) 2022/2065, issue an order to**_

_**act against illegal content referred to in paragraph 1 of this Article.**_

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_**Article 76**_

_**Mutual assistance and exchange of information**_

_**1.**_ _**Member States shall assist each other for the purpose of carrying out the controls**_

_**and enforcement provided for in this Chapter in accordance with Title IV of**_

_**Regulation (EU) 2017/625.**_

_**2.**_ _**The Commission may, by means of implementing acts, lay down detailed rules on**_

_**the nature and the type of the information to be exchanged among Member States**_

_**and the methods for exchanging that information for the purpose of controls and**_

_**enforcement under this Chapter. Those implementing acts shall be adopted in**_

_**accordance with the examination procedure referred to in Article 88(2).**_

_**Article 77**_

_**Attestation of compliance with the product specification**_

_**1.**_ _**An operator whose product, following the verification of compliance referred to in**_

_**Article 72, is found to comply with the product specification of a traditional**_

_**speciality guaranteed protected in accordance with this Regulation shall, on**_

_**request, and depending on the system applied in the Member State concerned, be**_

_**entitled to either:**_

_**(a)**_ _**an attestation, which may be a certified copy, certifying compliance with the**_

_**product specification; or**_

_**(b)**_ _**inclusion in a list of approved operators established by the competent**_

_**authority, such as the list provided for in Article 72(4). The relevant extract**_

_**of the list (‘listing’) shall be made available online to each approved**_

_**operator.**_

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_**2.**_ _**The attestation of compliance and the listing referred to in paragraph 1, points (a)**_

_**and (b) respectively, shall be**_ updated periodically, based on a risk assessment _**.**_

_**3.**_ _**An operator that is no longer accorded the attestation of compliance or that has**_

_**been removed from the list shall not continue to display or use the attestation of**_

_**compliance or the listing.**_

_**4.**_ _**The Commission shall, by means of implementing acts, lay down detailed rules on**_

_**the form and content of the attestation of compliance and listing, as well as on the**_

_**circumstances under which, and the forms in which, they are to be made available**_

_**by the operators or traders for control or in the course of business, including in the**_

_**case of an equivalent attestation concerning products originating in third**_

_**countries. Those implementing acts shall be adopted in accordance with the**_

_**examination procedure referred to in Article 88(2).**_

## **Chapter 3** **Optional quality terms**

_Article 78_

_Objective_ _**▌**_

A scheme for optional quality terms shall be established in order to facilitate the

communication within the internal market on the value-adding characteristics or attributes of

agricultural products by their producers.

▌

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_Article 79_

_National rules_

1. Member States may maintain national rules on optional quality terms and schemes

which are not covered by this Regulation, provided that such rules comply with

Union law.

2. The Commission may establish _**and provide support for**_ a digital system for the

inclusion of the terms and schemes referred to in paragraph 1 with a view to fostering

knowledge of the products and schemes across the Union. The Commission may, by

means of implementing acts, lay down technical details necessary for the notification

of the optional quality terms. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 88 _**(2)**_ .

_Article 80_

_Optional quality terms_

1. Optional quality terms shall satisfy the following criteria:

(a) they relate to a characteristic of one or more categories of products, or to a

farming or processing attribute which applies in specific areas;

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

and

(c) they have a Union dimension.

2. Optional quality terms that describe technical product qualities with the purpose of

putting into effect compulsory marketing standards and are not intended to inform

consumers about those product qualities shall fall outside the scope of this Chapter.

3. Optional quality terms shall exclude optional reserved terms which support and

complement specific marketing standards determined on a sectoral or product

category basis.

4. _**In order to take into account the specific characteristics of certain sectors as well**_

_**as consumer expectations,**_ the Commission is empowered to adopt delegated acts in

accordance with Article 87 supplementing this Regulation by laying down detailed

rules on the criteria referred to in paragraph 1 of this Article.

5. The Commission may, by means of implementing acts, lay down rules on forms,

procedures or other technical details necessary for the application of this Chapter.

Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 88 _**(2)**_ .

6. When adopting delegated and implementing acts in accordance with paragraphs 4

and 5, the Commission shall take account of any relevant international standards.

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_Article 81_

_Reservation of additional optional quality terms_

_**In order to take account of the expectations of consumers, developments in scientific and**_

_**technical knowledge, the market situation, and developments in marketing standards and in**_

_**international standards,**_ the Commission is empowered to adopt delegated acts in accordance

with Article 87 supplementing this Regulation by reserving additional optional quality terms

and laying down conditions of their use.

_Article 82_

_Mountain product_

1. The term ‘mountain product’ shall be established as an optional quality term. _**It shall**_

_**be reserved as a compound term. It**_ shall only be used to describe products intended

for human consumption listed in Annex I to the TFEU in respect of which:

(a) both the raw materials and the _**feed**_ for farm animals come essentially from

mountain areas;

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

areas.

2. For the purposes of this Article, mountain areas within the Union are those delimited
pursuant to Article 32(2) of Regulation (EU) No 1305/2013 of the European Parliament and
of the Council [30] .

For third-country products, mountain areas shall include areas officially designated as
mountain areas by the third country concerned or that meet criteria equivalent to those set out
in Article 32(2) of Regulation (EU) No 1305/2013.

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

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3. In duly justified cases _**and in order to take into account natural constraints**_

_**affecting agricultural production in mountain areas**_, the Commission is

empowered to adopt delegated acts in accordance with Article 87 supplementing this

Regulation by laying down derogations from the conditions referred to in paragraph

1 of this Article, in particular the conditions under which raw materials or _**feed**_ are

permitted to come from outside the mountain areas, the conditions under which the

processing of products is permitted to take place outside the mountain areas in a

geographical area to be defined, and the definition of that geographical area.

4. _**In order to take into account natural constraints affecting agricultural production**_

_**in mountain areas,**_ the Commission is empowered to adopt delegated acts in

accordance with Article 87 supplementing this Regulation concerning the

establishment of the methods of production and other criteria relevant for the

application of the optional quality term referred to in paragraph 1 of this Article.

_Article 83_

_Restrictions on use and controls_

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

corresponding conditions of use.

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_**2.**_ _**The provisions of this Chapter shall be without prejudice to the application of**_

_**Union or national rules governing intellectual property, and in particular those**_

_**concerning designations of origin and geographical indications and trade marks**_

_**and rights granted under those rules.**_

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

optional quality terms. Those implementing acts shall be adopted in accordance with

the examination procedure referred to in Article 88 _**(2)**_ .

4. Member States shall undertake controls, based on a risk analysis, to ensure

compliance with the requirements of this Chapter and, in the event of breach, shall

impose appropriate administrative penalties.

▌

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## **Title IV** **Amendments to Regulations (EU) No 1308/2013, (EU) 2019/787** **_and (EU) 2019/1753_**

_Article 84_

_Amendments to Regulation (EU) No 1308/2013_

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

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

‘(b) ‘geographical indication’ means a name, including a traditionally used name,

which identifies a product referred to in Article 92(1):

(i) whose specific quality, reputation or other characteristics are attributable

to its geographical origin;

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

(iii) as having at least 85 % of the grapes used for its production originating

exclusively from that geographical area;

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

(v) which is obtained from vine varieties belonging to _**Vitis vinifera**_ or a

cross between the _**Vitis vinifera**_ species and other species of the genus

_**Vitis**_ ;’;

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(2) Article _**s 94 and 95 are**_ replaced by the following:

‘Article 94

Product specification

1. The product specification shall enable interested parties to verify the relevant

conditions of production relating to the designation of origin or geographical

indication. The product specification shall comprise:

(a) the name to be protected;

_**(b)**_ _**the categories of grapevine products;**_

(c) the type of geographical indication, being a protected designation of

origin or a protected geographical indication;

(d) a description of the wine or wines _**:**_

_**(i)**_ _**in respect of a designation of origin, the principal analytical and**_

_**organoleptic characteristics;**_

_**(ii)**_ _**in respect of a geographical indication, the principal analytical**_

_**characteristics as well as an evaluation or indication of its**_

_**organoleptic characteristics;**_

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(e) where applicable, the specific oenological practices used to make the

wine or wines, as well as the relevant restrictions on making them;

(f) the definition of the geographical area delimited with regard to the link

referred to in point (i) of this paragraph;

(g) the maximum yields per hectare;

(h) an indication of the wine grape variety or varieties the wine or wines are

obtained from;

(i) the details on the link referred to in Article 93(1), point (a)(i), or, as the

case may be, point (b)(i):

(i) as regards a protected designation of origin, the link between the

quality or characteristics of the product and the geographical

environment referred to in Article 93(1), point (a)(i); the details

concerning the human factors of that geographical environment

may, where relevant, be limited to a description of the soil, plant

material and landscape management, cultivation practices or any

other relevant human contribution to the maintenance of the natural

factors of the geographical environment referred to in that point;

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(ii) as regards a protected geographical indication, the link between a

specific quality, the reputation or other characteristic of the product

and the geographical origin referred to in Article 93(1), point (b)(i);

(j) other applicable requirements where provided for by Member States or, if

applicable, by a recognised producer group, provided that such

requirements are objective, non-discriminatory and compatible with

Union and national law.

2. The product specification may contain _**sustainable practices**_ in accordance

with Article 7 of Regulation (EU) 2024/… of the European Parliament and of

the Council **[ +]** *.

3. Where the wine or wines may be partially de-alcoholised, the product

specification shall also contain a description of the partially de-alcoholised

wine or wines in accordance with paragraph _**1**_, point (d), _**mutatis mutandis**_,

and, where applicable, the specific oenological practices used to make the

partially de-alcoholised wine or wines, as well as the relevant restrictions on

making them.

▌

_**+**_ _OJ: Please insert in the text the number of this Regulation and insert the number, date_
_and OJ reference of this Regulation in the footnote._

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_**Article 95**_

_**Single document**_

**1.** _**The single document shall include the following:**_

_**(a)**_ _**the name to be protected as a designation of origin or a geographical**_

_**indication;**_

_**(b)**_ _**the Member State or third country to which the demarcated area**_

_**belongs;**_

_**(c)**_ _**the type of geographical indication;**_

_**(d)**_ _**a description of the wine or wines;**_

_**(e)**_ _**the categories of grapevine products;**_

_**(f)**_ _**the maximum yields per hectare;**_

_**(g)**_ _**the indication of the wine grape variety or varieties from which the**_

_**wine or wines are obtained;**_

_**(h)**_ _**a concise definition of the demarcated geographical area;**_

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_**(i)**_ _**a description of the link referred to in Article 94(1), point (i);**_

_**(j)**_ _**where applicable, the specific oenological practices used to make**_

_**the wine or wines, as well as the relevant restrictions on making**_

_**them;**_

_**(k)**_ _**where applicable, the specific rules concerning packaging and**_

_**labelling as well as any other essential relevant requirements.**_

_**2.**_ _**Where an application covers different categories of grapevine products,**_

_**the details bearing out the link referred to in Article 94(1), point (i)**_

_**shall be demonstrated for each category of grapevine products**_

_**concerned.**_

_**________________**_

_*****_ _**Regulation**_ _**(EU) 2024/… of the European Parliament and of the**_

_**Council of … on geographical indications for wine, spirit drinks**_

_**and agricultural products, as well as traditional specialities**_

_**guaranteed and optional quality terms for agricultural products,**_

_**amending Regulations (EU) No 1308/2013, (EU) 2019/787 and**_

_**(EU) 2019/1753 and repealing Regulation (EU) No 1151/2012**_

_**(OJ L …, ELI:**_ `…` _**.)’;**_

_**(3)**_ Articles _**96**_ to 99 are deleted;

_**(4)**_ _**in Article 100, paragraphs 1 and 2 are deleted;**_

_**(5)**_ Articles 101 _**and 102**_ are deleted;

_**(6)**_ _**Article 103 is replaced by the following:**_

_**‘Article 103**_

_**Protection**_

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_**Protected designations of origin and protected geographical indications referred to**_

_**in this Regulation shall be protected in accordance with Articles 26 to 31, 35 and**_

_**36 of Regulation (EU) 2024/…**_ _[+]_ _**.’;**_

_**(7)**_ _**Articles 104 to 106 are deleted;**_

_**(8)**_ _**in Article 107, paragraphs 2, 3 and 4 are deleted;**_

**+** OJ: Please insert the number of this Regulation.

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_**(9)**_ _**Article 110 is replaced by the following:**_

_**‘Article 110**_

_**Implementing powers**_

_**1.**_ _**The Commission may adopt implementing acts laying down rules**_

_**concerning:**_

_**(a)**_ _**the form of the product specification;**_

_**(b)**_ _**the definition of the format and the online presentation of the single**_

_**document referred to in Article 95;**_

_**(c)**_ _**the exclusion or anonymisation of personal data.**_

_**2.**_ _**Those implementing acts shall be adopted in accordance with the**_

_**examination procedure referred to in Article 88(2) of Regulation (EU)**_

_**2024/…**_ _[+]_ _**.’;**_

**+** OJ: Please insert the number of this Regulation.

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_**(10)**_ _**the following article is inserted:**_

‘ _**Article 113a**_

_**Relationship with designations of origin and geographical indications**_

_**1.**_ _**The registration of a traditional term the use of which would contravene**_

_**Article 26 of Regulation (EU) 2024 /...**_ _[+]_ _**shall be rejected if the application for**_

_**registration of the traditional term is submitted after the date of submission**_

_**to the Commission of the application for the registration of the designation**_

_**of origin or of the geographical indication.**_

_**2.**_ _**The Commission shall, by means of implementing acts, declare invalid and**_

_**remove from the register referred to in Article 25 of Commission**_

_**Implementing Regulation (EU) 2019/34**_ _**[*]**_ _**any traditional terms registered in**_

_**breach of paragraph 1 of this Article.**_

_**3.**_ _**Those implementing acts shall be adopted in accordance with the**_

_**examination procedure referred to in Article 229(2).**_

_**________________**_

_*****_ _**Commission Implementing Regulation (EU) 2019/34 of 17 October**_

_**2018 laying down rules for the application of Regulation (EU) No**_

_**1308/2013 of the European Parliament and of the Council as regards**_

_**applications for protection of designations of origin, geographical**_

_**indications and traditional terms in the wine sector, the objection**_

_**procedure, amendments to product specifications, the register of**_

_**protected names, cancellation of protection and use of symbols, and of**_

_**Regulation (EU) No 1306/2013 of the European Parliament and of the**_

_**Council as regards an appropriate system of checks (OJ L 9, 11.1.2019,**_

_**p. 46).’;**_

**+** OJ: Please insert the number of this Regulation.

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_**(11)**_ in Part II, Title II, Chapter I, Section 2 **,** _**Subsection 4 is replaced by the following:**_

‘ _**Subsection 4**_

_**Checks to verify compliance with the product specification for designations of**_

_**origin and geographical indications and to verify conformity with the definition**_

_**and conditions of the use of protected traditional terms, as well as on the**_

_**enforcement of conditions for use of traditional terms**_

_**Article 116a**_

_**Checks**_

_**1.**_ _**Member States shall take the necessary steps to stop the unlawful use of**_

_**protected traditional terms referred to in this Regulation.**_

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_**2.**_ _**Member States shall designate the competent authority responsible for**_

_**verifying compliance with product specifications related to designations of**_

_**origin and geographical indications and to verify conformity with the**_

_**definition and conditions of use of traditional terms, as well as for the**_

_**enforcement of the conditions for use of traditional terms. To that end,**_

_**Article 4(2) and (4) and Article 5(1), (4) and (5) of Regulation (EU) 2017/625**_

_**of the European Parliament and of the Council**_ _**[*]**_ _**shall apply.**_

_**3.**_ _**Within the Union, the competent authority referred to in paragraph 2 of this**_

_**Article or one or more delegated bodies as defined in Article 3, point (5), of**_

_**Regulation (EU) 2017/625 operating as a product certification body in**_

_**accordance with the criteria laid down in Title II, Chapter III, of that**_

_**Regulation, shall verify compliance with the product specifications annually,**_

_**both during the wine production and during or after conditioning, and shall**_

_**verify conformity with the definition provided for in Article 112 of this**_

_**Regulation and, where relevant, the conditions of use of the traditional term**_

_**as referred to in Article 115(3) of this Regulation.**_

_**Each operator wishing to participate in any activity covered by the product**_

_**specification of a product designated by a designation of origin or a**_

_**geographical indication shall notify the competent authority or delegated**_

_**bodies referred to in the first subparagraph. Member States shall draw up**_

_**and keep up-to-date a list of operators who perform activities subject to one**_

_**or more obligations provided for in the product specification of a designation**_

_**of origin or geographical indication entered in the Union register of**_

_**geographical indications originating in their territory.**_

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_**4.**_ _**The Commission shall adopt implementing acts concerning:**_

_**(a)**_ _**the communication to be made by the Member States to the**_

_**Commission;**_

_**(b)**_ _**rules governing the authority responsible for verifying compliance with**_

_**product specifications related to protected designations of origin and**_

_**protected geographical indications, including where the geographical**_

_**area is in a third country, and for verifying conformity with the**_

_**definition provided for in Article 112 and, where relevant, the**_

_**conditions of use of traditional terms;**_

_**(c)**_ _**the actions to be implemented by the Member States to prevent the**_

_**unlawful use of protected traditional terms;**_

(d) _**the checks for verification of compliance with the product specification**_

_**to be carried out by the Member States, including testing.**_

_**Those implementing acts shall be adopted in accordance with the**_

_**examination procedure referred to in Article 229(2).**_

_**_______________________________**_

_*****_ _**Regulation (EU) 2017/625 of the European Parliament and of the Council of**_

_**15 March 2017 on official controls and other official activities performed to**_

_**ensure the application of food and feed law, rules on animal health and**_

_**welfare, plant health and plant protection products, amending Regulations**_

_**(EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009,**_

_**(EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of**_

_**the European Parliament and of the Council, Council Regulations (EC) No**_

_**1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC,**_

_**2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC)**_

_**No 854/2004 and (EC) No 882/2004 of the European Parliament and of the**_

_**Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC,**_

_**91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision**_

_**92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).**_ _**’;**_

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_**(12)**_ _**in Article 120(1), the following point is added:**_

‘ _**(h) the abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected**_

_**designation of origin’ or ‘protected geographical indication.’;**_

_**(13)**_ _**Article 166a is amended as follows:**_

_**(a) paragraph 1 is replaced by the following:**_

_**‘1.**_ _**Without prejudice to Articles 167 and 167a of this Regulation, at the request**_

_**of a producer organisation or association of producer organisations**_

_**recognised under Article 152(1) or 161(1) of this Regulation, an interbranch**_

_**organisation recognised under Article 157(1) of this Regulation, a producer**_

_**group as referred to in Article 32 of Regulation (EU) 2024/…**_ _[+]_ _**or a**_

_**recognised producer group as referred to in Article 33 of Regulation (EU)**_

_**2024/…**_ _**[+]**_ _**, Member States may lay down, for a limited period of time, binding**_

_**rules for the regulation of the supply of agricultural products referred to in**_

_**Article 1(2) of this Regulation benefiting from a protected designation of**_

_**origin or from a protected geographical indication under Article 46(1) and**_

_**(2) of Regulation (EU) 2024/…+ or under Article 93(1), points (a) and (b), of**_

_**this Regulation. Where a recognised producer group referred to in Article 33**_

_**of Regulation (EU) 2024/…**_ _**[+]**_ _**exists, the producer group referred to in Article**_

_**32 of that Regulation shall not have that right.’;**_

_**(b) in paragraph 4, point (c) is replaced by the following:**_

**+** OJ: Please insert the number of this Regulation.

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_**‘(c) may be made binding for no more than three years, except at the request of a**_

_**recognised producer group as referred to in Article 33 of Regulation (EU)**_

_**2024/…**_ _[+]_ _**where that period may be up to six years, but may be renewed after**_

_**that period following a new request, as referred to in paragraph 1 of this**_

_**Article;’;**_

_**(14)**_ _**in Article 231, the following paragraph is added:**_

‘ _**3.**_ _**Article 113a shall not apply with regard to applications for protection of a**_

_**traditional term submitted to the Commission before … [the date of entry**_

_**into force of this amending Regulation].’.**_

▌

**+** OJ: Please insert the number of this Regulation.

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_Article 85_

_Amendments to Regulation (EU) 2019/787_

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

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

(2) Articles 16 and 21 are deleted;

_**(3)**_ _**in Article 22, the following paragraph is inserted:**_

‘ _**1a.**_ _**The product specification may also include sustainable practices.’;**_

(4) Article 23 is replaced by the following:

‘Article 23

Single document

The single document shall contain the following:

(a) the main points of the product specification, including the name to

be protected, the category to which the spirit drink belongs or the

term ‘spirit drink’, the production method, a description of the

characteristics of the spirit drink, a concise definition of the

geographical area, and, where appropriate, specific rules

concerning packaging and labelling;

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(b) a description of the link between the spirit drink and its

geographical origin as referred to in Article 3, point (4), including,

where appropriate, the specific elements of the product description

or production method justifying that link.’;

(5) Articles 24 to 33 are deleted _**;**_

_**(6)  Article 34 is amended as follows:**_

_**(a) paragraphs 1, 2 and 3 are deleted;**_

_**(b)**_ _**paragraph 4 is replaced by the following:**_

_**‘The protection of geographical indications under this Regulation shall be without**_

_**prejudice to protected geographical indications and protected designations of**_

_**origin of wine products under Regulation (EU) No 1308/2013.’;**_

_**(7)**_ Articles 35 _**, 36, 38, 39 and**_ 40 are deleted;

_**(8)**_ _**Article 42 is replaced by the following:**_

‘ _**Article 42**_

_**Implementing powers**_

1. _**The Commission may adopt implementing acts concerning:**_

_**(a)**_ _**the form of the product specification;**_

_**(b)**_ _**the definition of the format and the online presentation of the**_

_**single document provided for in Article 23;**_

_**(c)**_ _**the exclusion or anonymisation of personal data.**_

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_**2.**_ _**Those implementing acts shall be adopted in accordance with the**_

_**examination procedure referred to in Article 88(2) of**_ Regulation (EU)

2024/… of the European Parliament and of the Council **[ +]** [*] _**.**_

_**___________________________**_

_*****_ _**Regulation**_ _**(EU) 2024/… of the European Parliament and of the**_

_**Council of … on geographical indications for wine, spirit drinks and**_

_**agricultural products, as well as traditional specialities guaranteed and**_

_**optional quality terms for agricultural products, amending Regulations**_

_**(EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing**_

_**Regulation (EU) No 1151/2012 (OJ L …, ELI:**_ `…` _**.)’;**_

_**(9)**_ _**Annex I is amended as follows:**_

_**(a) the following point is inserted:**_

_**‘9a. Potato spirit**_

_**(a)**_ _**Potato spirit is a spirit drink produced exclusively by alcoholic**_

_**fermentation and distillation of potato tubers at less than 94,8 %**_

_**vol., so that the distillate has an aroma and taste derived from the**_

_**raw materials used.**_

_**(b)**_ _**The maximum methanol content of potato spirit shall be 1 000**_

_**grams per hectolitre of 100 % vol. alcohol.**_

_**(c)**_ _**The minimum alcoholic strength by volume of potato spirit shall**_

_**be 38 %.**_

_**(d)**_ _**No addition of alcohol, diluted or not, shall take place.**_

_**(e)**_ _**Potato spirit shall not be flavoured.**_

**+** OJ: Please insert in the text the number of this Regulation and insert the number, date
and OJ reference of this Regulation in the footnote.

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_**(f)**_ _**Potato spirit may only contain added caramel as a means of**_

_**adjusting the colour.**_

_**(g)**_ _**Potato spirit may be sweetened in order to round off the final**_

_**taste. However, the final product may not contain more than 10**_

_**grams of sweetening products per litre, expressed as invert**_

_**sugar.’;**_

(b) the following points are inserted:

‘ _**13a. Bread spirit**_

_**(a)**_ _**Bread spirit is a spirit drink produced exclusively by alcoholic**_

_**fermentation and distillation at less than 86 % vol. of fresh bread,**_

_**so that the resulting distillate has an aroma and taste derived**_

_**from the raw materials used.**_

_**(b)**_ _**The minimum alcoholic strength by volume of bread spirit shall**_

_**be 38 %.**_

_**(c)**_ _**No addition of alcohol, diluted or not, shall take place.**_

_**(d)**_ _**Bread spirit shall not be flavoured.**_

_**(e)**_ _**Bread spirit may only contain added caramel as a means of**_

_**adjusting the colour.**_

_**(f)**_ _**Bread spirit may be sweetened in order to round off the final**_

_**taste. However, the final product may not contain more than 20**_

_**grams of sweetening products per litre, expressed as invert sugar.**_

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_**13b. Birch sap spirit, maple sap spirit and birch and maple sap spirit**_

_**(a)**_ _**Birch sap spirit, maple sap spirit and birch and maple sap spirit**_

_**are spirit drinks produced exclusively by the direct distillation of**_

_**mash obtained from fermentation of fresh birch or maple sap or**_

_**both under normal pressure to an alcohol content of less than 88**_

_**% by volume, so that the resulting distillate has organoleptic**_

_**characteristics derived from birch or maple sap or both.**_

_**(b)**_ _**The minimum alcoholic strength by volume of birch sap spirit,**_

_**maple sap spirit and birch and maple sap spirit shall be 38 %.**_

_**(c)**_ _**No addition of alcohol, diluted or not, shall take place.**_

_**(d)**_ _**Birch sap spirit, maple sap spirit and birch and maple sap spirit**_

_**shall not be flavoured.**_

_**(e)**_ _**Birch sap spirit, maple sap spirit and birch and maple sap spirit**_

_**may only contain added caramel as a means of adjusting the**_

_**colour.**_

_**(f)**_ _**Birch sap spirit, maple sap spirit and birch and maple sap spirit**_

_**may be sweetened in order to round off the final taste. However,**_

_**the final product may not contain more than 20 grams of**_

_**sweetening products per litre, expressed as invert sugar.’.**_

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_**Article 86**_

_**Amendments to Regulation (EU) 2019/1753**_

Regulation **(** EU) 2019/1753 is amended as follows:

(1) _**in Article 2, the following paragraph is inserted:**_

_**‘2a.**_ _**By way of derogation from paragraph 2, where the request addressed to the**_

_**Member State referred to in paragraph 2, point (a), comes from a recognised**_

_**producer group referred to in Article 33 of**_ Regulation (EU) 2024/… of the

European Parliament and of the Council **[ +]** [*] _**, that request shall comprise**_

_**verifiable information on the economic interest in international protection of**_

_**the geographical indication concerned.**_

_**On the basis of the request referred to in the first subparagraph, the Member**_

_**State concerned shall evaluate the economic interest in international**_

_**protection of that geographical indication. Where that evaluation establishes**_

_**such economic interest, that Member State shall request the Commission to**_

_**register that geographical indication.**_

_**________________**_

_*****_ _**Regulation**_ _**(EU) 2024/… of the European Parliament and of the Council**_

_**of … on geographical indications for wine, spirit drinks and agricultural**_

_**products, as well as traditional specialities guaranteed and optional quality**_

_**terms for agricultural products, amending Regulations (EU) No 1308/2013,**_

_**(EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No**_

```
                 … ’
```

_**1151/2012 (OJ L …, ELI:**_ _**.)**_ _**;**_

(2) _**in Article 11, the following paragraph is inserted:**_

**+** OJ: Please insert in the text the number of this Regulation and insert the number, date
and OJ reference of this Regulation in the footnote.

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‘2a. _**In respect of each appellation of origin originating in a Member State which**_

_**is party to the Lisbon Agreement, for a product which does not fall within the**_

_**scope of Regulation (EU) No 1151/2012 but which falls within the scope of**_

_**Regulation (EU) 2024/…**_ _[+]_ _**, 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 by 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 international registration of that appellation of origin under the**_

_**Geneva Act within 12 months from the date of its registration under**_

_**Regulation (EU) 2024/…+, 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; or**_

**+** OJ: Please insert the number of this Regulation.

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_**(b)**_ _**the cancellation of the registration of that appellation of origin in the**_

_**International Register.**_

_**In the case of the request referred to in point (a) of the first subparagraph,**_

_**the Member State concerned shall notify the Commission of the choice**_

_**referred to in that subparagraph within one month from the date of**_

_**registration of that appellation of origin under Regulation (EU) 2024/…**_ _[+]_

_**and, in the case of the request referred to in point (b) of that subparagraph**_

_**by … [12 months from the date of entry into force of this amending**_

_**Regulation].**_

_**In the situations referred to in point (a) of the first subparagraph, the**_

_**Member State concerned shall, in coordination with the Commission, 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 Commission shall, by means of an**_

_**implementing act, authorise the Member State concerned to provide for the**_

_**necessary modifications and to notify the International Bureau thereof. That**_

_**implementing act shall be adopted in accordance with the examination**_

_**procedure referred to in Article 15(2) of this Regulation.**_

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_**If the request for registration under Regulation (EU) 2024/…**_ _[+]_ _**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, the**_

_**Member State concerned shall, without delay, request the cancellation of the**_

_**registration of that appellation of origin in the International Register.’.**_

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

_Article 87_

_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.

**+** OJ: Please insert the number of this Regulation.

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2. The power to adopt delegated acts referred to in Article ▌17(10), Article 24 _**(10)**_,

Article 27(5), _**Article 35(2**_ ), Article 47 _**(5)**_, Article 48(4), Article 49(3), Article 53(5),

Article 54(2), ▌Article 61(10), Article 66(3), Article 68 _**(5)**_, Article 80(4), Article 81

_**and**_ Article 82(3) and (4), shall be conferred on the Commission for a period of

seven years from ... [the date of entry into force of this Regulation]. The Commission

shall draw up a report in respect of the delegation of power not later than nine

months before the end of the seven-year period. The delegation of power shall be

tacitly extended for periods of an identical duration, unless the European Parliament

or the Council opposes such extension not later than three months before the end of

each period.

3. The delegation of power related to in the Articles referred to in paragraph 2 may be

revoked at any time by the European Parliament or by the Council. A decision to

revoke shall put an end to the delegation of power specified in that decision. It shall

take effect the day following the publication of the decision in the _Official Journal of_

_the European Union_ or at a later date specified therein. It shall not affect the validity

of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by

each Member State in accordance with the principles laid down in the

Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to

the European Parliament and to the Council.

6. A delegated act adopted pursuant to the Articles referred to in paragraph 2 shall enter

into force only if no objection has been expressed either by the European Parliament

or by the Council within a period of 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.

_**Article 88**_

_**Committee procedure**_

_**1.**_ _**The Commission shall be assisted by the Quality Policy Committee for agricultural**_

_**products, wine and spirit drinks. 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.**_

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_Article 89_

_Transitional provision for the classification of geographical indications_

The classification referred to in Article 6(1) of geographical indications registered or applied

for before … [the date of entry into force of this Regulation] shall be made in accordance with

the table set out in Annex III.

_Article 90_

_Transitional provisions for pending applications_ _**and registered names**_

1. Rules applicable before … [the date of the entry into force of this Regulation] shall

continue to apply to applications for registration of geographical indications,

applications for the approval of a Union amendment to the product specification and

requests for cancellation of geographical indications received by the Commission

before … [the date of entry into force of this Regulation].

2. However, _**Articles 17 and 19, Article 20(1) to (5) and**_ Article 21 shall apply to those

applications and requests for which the publication, for opposition, of the application

for registration of a geographical indication, of the application for approval of a

Union amendment to the product specification or of the request for cancellation of a

geographical indication in the _Official Journal of the European Union_ takes place

after … [the date of ▌entry into force of this Regulation].

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_**3.**_ _**The provision on the extension of the transitional period referred to in Article**_

_**20(7) shall also apply in relation to transitional periods still ongoing on … [the**_

_**date of entry into force of this Regulation].**_

_**4.**_ _**Article 29(4) shall not apply to names registered or applied for before … [the date**_

_**of entry into force of this Regulation].**_

5. Rules applicable before … [the date of entry into force of this Regulation] shall

continue to apply to applications for registration of traditional specialities

guaranteed, applications for approval of a Union amendment to the product

specification and requests for cancellation of traditional specialities guaranteed

received by the Commission before … [the date of entry into force of this

Regulation].

6. However, Articles 61 to 64 shall apply to those applications and requests for which

the publication, for opposition, of the application for registration of a traditional

speciality guaranteed, of the application for approval of a Union amendment to the

product specification or of the request of cancellation of a traditional speciality

guaranteed in the _Official Journal of the European Union_ takes place after … [the

date of the entry into force of this Regulation].

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**Article 91**

Transitional provisions for the national opposition procedure for geographical indications

The following transitional provisions shall apply:

(a) by way of derogation from Article 84, point (3), of this Regulation, Article 96(3), second

subparagraph, of Regulation (EU) No 1308/2013 shall continue to apply until 31 December

2024;

(b) by way of derogation from Article 85, point (5), of this Regulation, Article 24(6), first

subparagraph, of Regulation (EU) 2019/787 shall continue to apply until 31 December 2024;

(c) by way of derogation from Article 94 of this Regulation, Article 49(3), first subparagraph,

of Regulation (EU) No 1151/2012 shall continue to apply until 31 December 2024.

_**Article 92**_

_**Transitional provisions for national geographical indications**_

_**1.**_ _**Protection of geographical indications for products which do not fall within the**_

_**scope of Regulation (EU) No 1151/2012 but which fall within the scope of this**_

_**Regulation, granted under national law, shall cease on … [one year from the date**_

_**of entry into force of this Regulation] if no application for registration is submitted**_

_**to the Commission in accordance with Article 13 of this Regulation.**_

_**2.**_ _**If an application for the registration of a geographical indication, as referred to in**_

_**paragraph 1 of this Article, is submitted to the Commission before the date referred**_

_**to in that paragraph, national protection of that geographical indication shall**_

_**cease on the date the Commission decides on its registration in accordance with**_

_**Article 21. Article 10 shall not apply to that application. In the event of rejection of**_

_**the application for registration, national protection shall continue until all judicial**_

_**remedies have been exhausted, if relevant. After the national protection has**_

_**ceased, the Member State concerned shall, without delay, request the cancellation**_

_**of the registration of the corresponding appellation of origin in the International**_

_**Register of the International Bureau.**_

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_Article 93_

_Continuity of the registers_

1. Each designation of origin and geographical indication of wine and agricultural

products, and each geographical indication of spirit drinks, including all relevant data

and data concerning pending applications for registration, amendment or

cancellation, entered in the respective registers of geographical indications referred

to in Article 11 of Regulation (EU) No 1151/2012, Article 104 of Regulation (EU)

No 1308/2013 and Article 33 of Regulation (EU) 2019/787, on … [the day before the

date of entry into force of this Regulation] shall be entered automatically in the

Union register of geographical indications.

2. Each traditional speciality guaranteed entered in the register of traditional specialities

guaranteed referred to in Article 22 of Regulation (EU) No 1151/2012, including all

relevant data and data concerning pending applications for registration, amendment

or cancellation, on … [the day before the date of entry into force of this Regulation],

shall be entered automatically in the Union register of traditional specialities

guaranteed.

_Article 94_

_Repeal_

Regulation (EU) No 1151/2012 is repealed.

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_**Article 95**_

_**Correlation table**_

_**References to the repealed Regulation (EU) No 1151/2012 and references to the deleted**_

_**provisions as referred to in Articles 84 and 85 of this Regulation shall be construed as**_

_**references to this Regulation and shall be read in accordance with the correlation table set**_

_**out in Annex IV to this Regulation.**_

_**Article 96**_

_**Repeal or replacement of delegated and implementing acts**_

_**The Commission shall repeal or replace, as appropriate, the delegated and implementing**_

_**acts adopted on the basis of Regulation (EU) No 1151/2012 or on the basis of the provisions**_

_**referred to in Articles 84 and 85 of this Regulation, to the extent necessary to bring them in**_

_**conformity with the empowerments provided for in this Regulation.**_

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_Article 97_

_Entry into force_ _**and date of application**_

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 … [the date of entry into force of this Regulation].

_**However, Article 10(4) and (5), Article 39(1) and Article 45 shall apply from 1 January**_

_**2025.**_

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

Done at ...,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX I**

Agricultural products referred to in Article 5(1), point (c)

Products

CN Heading 25.01 (salt) ▌

CN Heading 32.03 (cochineal)

CN Heading 33.01 (essential oils)

CN Headings 35.01 to 35.05 (albuminoidal substances, modified starches, glues) ▌

CN Headings 41.01 to 41.03 (hides and skins)

CN Heading 43.01 (raw furskins)

CN Heading 45.01 (cork)

CN Headings 50.01 to 50.03 (raw silk and silk waste)

CN Headings 51.01 to 51.03 (wool and animal hair)

CN Headings 52.01 to 52.03 (raw cotton, waste and cotton carded or combed)

CN Heading 53.01 (raw flax)

CN Heading 53.02 (raw hemp)

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**ANNEX II**

_**Foodstuffs and**_ agricultural products referred to in Article _**51**_

Traditional specialities guaranteed

(a) prepared meals,

(b) beer,

(c) chocolate and derived products,

(d) bread,

(e) pastry and cakes,

(f) confectionery,

(g) biscuits and other baker’s wares,

(h) beverages made from plant extracts,

(i) pasta,

(j) salt▌,

_**(k)**_ _**aerated waters,**_

_**(l)**_ _**cork.**_

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**ANNEX III**

Table of correspondence concerning classification as referred to in Article 89

|Existing product classification|Combined Nomenclature headings<br>corresponding to the existing<br>product classification|
|---|---|
|Wines|CN 22 04|
|Spirit drinks|CN 22 08|
|Class 1.1. Fresh meat (and offal)|CN 02|
|Class 1.2. Meat products (cooked,<br>salted, smoked, etc.)|CN 16|
|Class 1.3. Cheeses|CN 04 06|
|Class 1.4. Other products of animal<br>origin (eggs, honey, various dairy<br>products except butter, etc.)|CN 04|
|Class 1.5. Oils and fats (butter,<br>margarine, oil, etc.)|CN 15|
|Class 1.6. Fruit, vegetables and<br>cereals fresh or processed|CN 07; CN 08; CN 10; CN 11; CN<br>20|
|Class 1.7. Fresh fish, molluscs, and<br>crustaceans and products derived<br>therefrom|CN 03; CN 16|

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|Existing product classification|Combined Nomenclature headings<br>corresponding to the existing<br>product classification|
|---|---|
|Class 1.8. Other products listed in<br>Annex I to the Treaty (spices, etc.)|Class 1.8 covers diverse headings<br>of the combined nomenclature|
|Class 2.1. Beer|CN 22 03|
|Class 2.2. Chocolate and derived<br>products|CN 18 06|
|Class 2.3. Bread, pastry, cakes,<br>confectionery, biscuits and other<br>baker's wares|CN 19 05|
|Class 2.4. Beverages made from<br>plant extracts|CN 22 05; CN 22 06|
|Class 2.5. Pasta|CN 19 02|
|Class 2.6. Salt|CN 25 01|
|Class 2.7. Natural gums and resins|CN 13 01|
|Class 2.8. Mustard paste|CN 21 03|
|Class 2.9. Hay|CN 12 14 90|
|Class 2.10. Essential oils|CN 33 01|
|Class 2.11. Cork|CN 45 01|
|Class 2.12. Cochineal|CN 32 03|
|Class 2.13. Flowers and ornamental<br>plants|CN 06 02; CN 06 03; CN 06 04|

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|Existing product classification|Combined Nomenclature headings<br>corresponding to the existing<br>product classification|
|---|---|
|Class 2.14. Cotton|CN 52 01|
|Class 2.15. Wool|CN 51 01|
|Class 2.16. Wicker|CN 14 01|
|Class 2.17. Scutched flax|CN 53 01 21|
|Class 2.18. Leather|CN 41|
|Class 2.19. Fur|CN 43 01|
|Class 2.20. Feather|CN 05 05|
|Class 2.21. Aromatised wines|CN 22 05|
|Class 2.22. Other alcoholic<br>beverages|CN 22 06|
|Class 2.23. Beeswax|CN 15 21 90|

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_**ANNEX IV**_

_**Correlation table**_

|This Regulation|Regulation (EU) No<br>1151/2012|Regulation (EU)<br>No 1308/2013|Regulation (EU) 2019/787|
|---|---|---|---|
|Article 1|-|-|-|
|Article 2|Article 3|Article 101(1),<br>second<br>subparagraph|Article 3(6) and (7)|
|Article 3|-|-|-|
|Article 4|Articles 1 and 4|-|-|
|Article 5|Article 2|Article 99(3)|-|
|Article 6|-|-|-|
|Article 7|-|-|-|
|Article 8|-|-|-|
|Article 9|Article 49(1)|Article 95, in the<br>version of<br>Regulation (EU)<br>No 1308/2013 in<br>force on ... [the day<br>before the date of<br>entry into force of<br>this amending<br>Regulation].|Article 24(1), (2), (3) and<br>(4), first subparagraph|
|Article 10(1)|Article 49(2)|Article 96(2)|Article 24(5), first|

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|Col1|Col2|Col3|subparagraph|
|---|---|---|---|
|Article 10(2)|Article 8(1)|Article 94(1), in the<br>version of<br>Regulation (EU)<br>No 1308/2013 in<br>force on ... [the day<br>before the date of<br>entry into force of<br>this amending<br>Regulation]|Article 23(1), in the version<br>of Regulation (EU)<br>2019/787 in force on ... [the<br>day before the date of entry<br>into force of this amending<br>Regulation]|
|Article 10(3)|Article 49(2)|Article 96(3), first<br>subparagraph|Article 24(5), second<br>subparagraph|
|Article 10(4) and<br>(5)|Article 49(3), first<br>subparagraph|Article 96(3),<br>second<br>subparagraph|Article 24(6), first<br>subparagraph|
|Article 10(6)|Article 49(4)|Article 96(5), first<br>subparagraph|Article 24(7), first<br>subparagraph|
|Article 10(7)|Article 49(4)|-|Article 24(7), second and<br>third subparagraphs|
|Article 10(8)|-|-|Article 24(4), third<br>subparagraph|
|Article 11|Article 9|-|Article 25|
|Article 12|-|-||
|Article 13(1)|Article 8(2) and<br>Article 49(4), first<br>subparagraph|Article 96(5),<br>second and third<br>subparagraphs|Article 23(2), in the version<br>of Regulation (EU)<br>2019/787 in force on ... [the<br>day before the date of entry|

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|Col1|Col2|Col3|into force of this amending<br>Regulation], and Article<br>24(7), first and fourth<br>subparagraphs|
|---|---|---|---|
|Article 13(2)|Article 8(1)|-|Article 23(1), in the version<br>of Regulation (EU)<br>2019/787 in force on ... [the<br>day before the date of entry<br>into force of this amending<br>Regulation]|
|Article 13(3)|-|-|-|
|Article 13(4)|Article 49(6)|-|Article 24(9)|
|Article 13(5)|Article 49(7)|-|-|
|Article 14|-|-|-|
|Article 14(2)|Article 49(5)|-|Article 24(8)|
|Article 14(3)|-|-|Article 24(4), second<br>subparagraph|
|Article 14(4)|Article 50(1), third<br>subparagraph|Article 97(1)|Article 26(1), second<br>subparagraph|
|Article 15(1), (2)<br>and (3)|Article 50(1)|Article 97(2)|Article 26(1), first<br>subparagraph|
|Article 15(4)|Article 50(2)|Article 96(4), first<br>subparagraph|Article 26(2)|
|Article 16(1)|Article 49(8)|Article 96(6)|-|

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|Article 16(2), (3)<br>and (4)|Article 50(3)|Article 97(3)|-|
|---|---|---|---|
|Article 17|Article 51|Article 98|Article 27|
|Article 18|-|-|-|
|Article 19|Article 10|-|Article 28|
|Article 20|Article 15|-|Article 29|
|Article 21(1)|Article 52(1)|Article 97(4),<br>second<br>subparagraph|Article 30(1)|
|Article 21(2), (3)<br>and (5)|Article 52(2), (3) and<br>(4)|Article 99(1) and<br>(2)|Article 30(2), (3) and (4)|
|Article 21(4)|-|-|-|
|Article 22|Article 11|Article 104|Article 33|
|Article 23|-|-|-|
|Article 24|Article 53|Article 105|Article 31|
|Article 25|Article 54|Article 106|Article 32|
|Article 26|Article 13|Article 103|Article 21|
|Article 27|-|-|--|
|Article 28(1)|Article 6(1)|Article 101(1), first<br>subparagraph|Article 35(1), first<br>subparagraph|
|Article 28(2)|Article 41(2)|Article 101(1),<br>third subparagraph|Article 35(2), second<br>subparagraph|

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|Article 29(1) and<br>(2)|Article 6(3)|Article 100(1) and<br>(2)|Article 34(1) and (2)|
|---|---|---|---|
|Article 29(3) and<br>(4)|-|-|-|
|Article 30|Article 6(4)|Article 101(2)|Article 35(2)|
|Article 31(1), (2)<br>and (3)|Article 14|Article 102|Article 36|
|Article 31(4)|-|-|-|
|Article 31(5)|Article 12(5)|-|-|
|Article 32|Article 45|-|-|
|Article 33|-|-|-|
|Article 34|-|-|-|
|Article 35|-|-|-|
|Article 36|Article 12(1) and<br>Article 46|-|-|
|Article 37(1)|Article 44|-|Article 16|
|Article 37(2)|Article 12(2)|-|-|
|Article 37(3)|Article 12(3)|-|-|
|Article 37(4)|-|-|-|
|Article 37(5)|-|-|-|
|Article 37(6)|Article 12(3)|-|-|

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|Article 37(7)|-|-|-|
|---|---|---|---|
|Article 37(8)|-|-|-|
|Article 37(9)|Article 12(4)|-|-|
|Article 37(10)|Article 12(6)|-|-|
|Article 37(11)|Article 12(7)|-|-|
|Article 38(1)|Article 35|-|-|
|Article 38(2)|Article 36(3)|-|-|
|Article 39(1)|-|-|Article 38(1)|
|Article 39(3)|Article 37(1)|-|Article 38(2)|
|Article 39(4)|Article 37(2)|-|Article 38(3)|
|Article 39(6)|-|-|Article 38(2), second<br>subparagraph|
|Article 39(7)|-|-|Article 38(2), third<br>subparagraph|
|Article 40(1)|-|-|Article 38(4), first<br>subparagraph|
|Article 40(2)|Article 37(3)|-|Article 38(4), second<br>subparagraph|
|Article 41|Article 39|-|Article 38(5)|
|Article 42(1)|-|-|Article 39(2), second<br>subparagraph|
|Article 42(2)|-|-|Article 39(1)|

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|Article 42(3)|Article 13(3)|-|Article 39(2), first<br>subparagraph|
|---|---|---|---|
|Article 42(4) and<br>(5)|-|-|-|
|Article 43|-|-|-|
|Article 44|-|-|-|
|Article 45|-|-|-|
|Article 46(1)|Article 5(1)|-|-|
|Article 46(2)|Article 5(2)|-|-|
|Article 46(3)|Article 5(3)|-|-|
|Article 47(5)|Article 5(4), second<br>and third<br>subparagraphs|-|-|
|Article 48(1) and<br>(2)|Article 6(2)|-|-|
|Article 48(3)|Article 42(1)|-|-|
|Article 48(4)|Article 42(2)|-|-|
|Article 49|Article 7|-|-|
|Article 50(1)|Article 8(1)(c)|-|-|
|Article 50(2)|Article 49(7), second<br>subparagraph|-|-|
|Article 51|Article 2(1), first|-|-|

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|Col1|subparagraph|Col3|Col4|
|---|---|---|---|
|Article 52|Article 17|-|-|
|Article 53|Article 18|-|-|
|Article 54|Article 19|-|-|
|Article 55|Article 45|-|-|
|Article 56(1)|Article 49(1)|-|-|
|Article 56(2)|Article 20(1)|-|-|
|Article 56(3)|Article 49(2), (3) and<br>(4), first subparagraph|-|-|
|Article 56(4)|Article 49(4), second<br>and third<br>subparagraphs|-|-|
|Article 57(1)|Article 20(1), point<br>(b), and Article 20(2),<br>point (a)|||
|Article 57(1), point<br>(a)|Article 20(2), point<br>(b)|-|-|
|Article 57(3)|Article 49(7), second<br>subparagraph|-|-|
|Article 58|-|-|-|
|Article 59|Article 50(1) and (2)|-|-|
|Article 60|Article 50(3)|-|-|
|Article 61|Article 51|-|-|

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|Article 62|Article 21|-|-|
|---|---|---|---|
|Article 63|Article 24a|-|-|
|Article 64|Article 52|-|-|
|Article 65|Article 22|-|-|
|Article 66|Article 53|-|-|
|Article 67|Article 54|-|-|
|Article 68|Article 24|-|-|
|Article 69|-|-|-|
|Article 70|Article 23(2), (3) and<br>(4)|-|-|
|Article 71(1)|Article 23(1)|-|-|
|Article 71(2)|Article 46(1)|-|-|
|Article 72(1)|Article 36(3)|-|-|
|Article 72(6)|Article 37(1), first<br>subparagraph|-|-|
|Article 72(7), first<br>subparagraph|Article 37(2)|-|-|
|Article 72(7),<br>second<br>subparagraph|Article 37(1), second<br>subparagraph|-|-|
|Article 72(9)|Article 37(3)|-|-|
|Article 73|Article 39|-|-|

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|Article 74|-|-|-|
|---|---|---|---|
|Article 75|-|-|-|
|Article 76|-|-|-|
|Article 77|-|-|-|
|Article 78|Article 27|-|-|
|Article 79|Article 28|-|-|
|Article 80|Article 29|-|-|
|Article 81|Article 30|-|-|
|Article 82|Article 31|-|-|
|Article 83(1), (2)<br>and (3)|Article 33|-|-|
|Article 83(4)|Article 34|-|-|
|Article 84|-|-|-|
|Article 85|-|-|-|
|Article 86|-|-|-|
|Article 87|Article 56|-|-|
|Article 88|Article 57|-|-|
|Article 89|-|-|-|
|Article 90|-|-|-|
|Article 91|-|-|-|

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|Article 92|-|-|-|
|---|---|---|---|
|Article 93|Article 58|-|-|
|Article 94|-|-|-|
|Article 95|-|-|-|
|Article 96|Article 59|-|-|
|Annex I|Annex I, point I|-|-|
|Annex II|Annex I, point II|-|-|
|Annex III|-|-|-|

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ANNEX TO THE LEGISLATIVE RESOLUTION

**Joint statement by the European Parliament and the Council on the occasion of the adoption**

**of Regulation (EU) 2024/...** [+]

The European Parliament and the Council underline that all the procedures relating to geographical

indications governed by this Regulation shall remain under the sole responsibility of the

Commission.

The European Parliament and the Council note that the Commission may be assisted, only with

regard to the execution of administrative tasks, if and to the extent that it is possible under the

existing legal framework.

For the purpose of transparency, the Commission is urged to inform each year the European

Parliament and the Council on the assistance received in the exercise of those tasks.

+ OJ: please insert the number of the Regulation in procedure 2022/0089(COD).

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