CELEX: 51993EC1848
Language: en
Date: 2006-12-11
Title: Draft Commission Regulation (EC) No …/.. of […] laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

   laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural
                                                             products and foodstuffs

                                                                (Codified version)

                                            ê 1848/93 (adapted)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

   laying down detailed rules for the application of Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural
                                                             products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2082/92 of 14 July 1992  on  certificates  of  specific  character  for  agricultural  products  and
foodstuffs[1], and in particular Article 20 thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EEC) No 1848/93 of 9 July 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2082/92
      on certificates of specific character for agricultural products and foodstuffs[2] has been substantially amended several times[3].  In  the
      interests of clarity and rationality the said Regulation should be codified.

                                            ê 1848/93 Recital 1

   2) In order to ensure that Regulation (EEC) No 2082/92 is applied uniformly, precise deadlines should be set for the registration procedure.

                                            ê 1848/93 Recital 2

   3) In order to take account of differences in legal situation in the Member States, a statement of objection within the meaning of  Article  8
      of Regulation (EEC) No 2082/92 presented by a group of individuals linked by a common interest may be admissible.

                                            ê 2515/94 Recital 1

   4) For the purpose of promoting and enhancing the specific character of their products and  of  informing  the  consumer,  the  trade  circles
      concerned should have the Community symbol and the indication referred to in Regulation (EEC) No 2082/92 made  available  to  them.  It  is
      therefore necessary, for the purpose of the correct use of the symbol and the indication, that the technical rules for  their  reproduction
      be drawn up.

                                            ê 2515/94 Recital 2

   5) In order to avoid confusion on the part of the consumer in the face  of  the  abundance  of  information  in  the  agri-foodstuffs  sector,
      information should as far as possible be homogenous when a producer and/or processor wishes to avail himself of the  advantage  offered  by
      the system of certificates of specific character established by Regulation (EEC) No 2082/92. Consequently, the  producer  and/or  processor
      should use the models provided for in this Regulation.

                                            ê 2515/94 Recital 3

   6) In consideration of each market's requirements, the choice of the appropriate  language  model  for  the  placing  on  the  market  of  the
      agricultural product of foodstuff should be left to the producer and/or processor.

                                            ê 1848/93 Recital 5

   7) Regulation (EEC) No 2082/92 does not rule out the existence of national systems of certification for agricultural products and  foodstuffs.
      The use, where appropriate, of a national symbol  in  conjunction  with  the  Community  symbol  should  be  permitted  in  the  labelling,
      presentation and advertising of such products.

                                            ê 2515/94 Recital 4

   8) With a view to increasing the credibility of the mark attributed to the specific agricultural products  or  foodstuffs,  the  name  of  the
      inspection authority or body should be indicated on the label intended for the placing on the market of the product.

                                            ê 2515/94 Recital 5

   9) For the purpose of the inspection arrangements, it is necessary that Member States have lists of producers authorized to use the registered
      name together with the Community symbol and the indication.

                                            ê 1848/93 Recital 6

  10) The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee  on  Certificates  of  Specific
      Character,

                                            ê 1848/93 (adapted)

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

1. The six-month period referred to in Article 9(1) of Regulation (EEC) No 2082/92 shall start to run on the date of publication in the  Official
Journal of the European Ö Union Õ referred to in the second subparagraph of Article 8(1) of that Regulation.

                                            ê 1848/93

2. The six-month period shall consist of:

     – a period of five months during which any natural or legal person legitimately concerned by the registration  may  object  to  the  planned
       registration pursuant to Article 8(3) of Regulation (EEC) No 2082/92, and

     – a period of one month, or a longer period insofar as the period provided for in paragraph 1 is observed, made available to  the  competent
       authorities in the Member States for the transmission of such objectives to the Commission.

                                                                    Article 2

For the purposes of the dispatch by the competent authorities of the Member State within the time limit laid down of notifications of  objections
within the meaning of Article 9(1) of Regulation (EEC) No 2082/92, and notifications of objections and statements within the meaning  of  Article
11(4) of Regulation (EEC) No 2082/92, account shall be taken of:

     – either the date of dispatch, the postmark being accepted as date of dispatch,

     – or the date of receipt where the documents are delivered to the Commission directly or by telex or fax.

                                                                    Article 3

Where national law treats a group of individuals without legal personality as a legal person, the said group of individuals shall  be  authorized
to consult the application within the meaning and subject to the conditions of Article 8(2) of Regulation  (EEC)  No  2082/92  and  to  lodge  an
objection within the meaning and subject to the conditions of Article 8(3) of that Regulation.

                                                                    Article 4

ê 2515/94 Art. 1 pt. 1

The Community symbol referred to in Article 12 of Regulation (EEC) No 2082/92 and the indication referred to in Article  15  of  that  Regulation
are as set out in Parts A and B of Annex I hereto. The indication may be used without the Community symbol.

To ensure the correct use of the Community symbol and the indication, the technical rules for reproduction set  out  in  the  graphic  manual  in
Annex II hereto shall be observed.

                                            ê 1848/93 (adapted)

è1 2182/98 Art. 1 pt. 1

è1  ç

                                            ê 2182/98 Art. 1 pt. 2 (adapted)

                                            ê 2515/94 Art. 1 pt. 2

                                                                    Article 5

1. A producer and/or processor entitled to use the indication and the Community symbol pursuant to Regulation (EEC) No 2082/92  may  choose  from
among the models shown in Annex I hereto the one(s) suitable for placing the agricultural product or foodstuff on the market.

2. A producer and/or processor who wishes to refer, in the labelling or presentation and/or in advertisements for  the  agricultural  product  or
foodstuff, to the system of certificates of specific character established by Regulation (EEC) No 2082/92 shall incorporate  the  model(s)  shown
in Annex I hereto in that information.

                                            ê 1848/93

                                                                    Article 6

The simultaneous use of the Community symbol and national symbols shall be authorized for agricultural  products  and  foodstuffs  which  satisfy
both the requirements of Regulation (EEC) No 2082/92 and national requirements to which those products or foodstuffs correspond.

                                                                    Article 7

Subsequent to the registration provided for in Article 9(1) of Regulation (EEC) No 2082/92, the  competent  authorities  shall  ensure  that  any
individual may consult the specification of the agricultural product or foodstuff which has been so registered.

                                            ê 2515/94 Art. 1 pt. 3

                                                                    Article 8

1. A Member State may lay down that the name of the inspection authority or body referred to  in  Article  14  of  Regulation  (EEC)  No  2082/92
working within the inspection structure of that Member State must appear on the label of the agricultural product or foodstuff.

2. The inspection authority or body shall communicate to the Member State the names  and  addresses  of  the  producers  authorized  to  use  the
registered name together with the indication and the Community symbol. Member States shall keep the list of authorized producers at the  disposal
of the other Member States and the Commission.

                                            ê 

                                                                    Article 9

Regulation (EEC) No 1848/93 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex IV

                                            ê 1848/93 (adapted)

                                                                    Article 10

This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official Journal of the European Union Õ.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 2167/2004 Art. 1 and Annex

                                                                     ANNEX I

                                                                      PART A

       Español    Čeština    Dansk

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       Deutsch    Eesti keel Ελληνικά

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       English    Français   Italiano

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       Latviešu valoda Lietuvių kalba   Magyar

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       Malti      Nederlands Polski

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       Português  Slovenčina Slovenščina

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       Suomi      Svenska

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                                                                     PARTIE B

ES    ESPECIALIDAD TRADICIONAL GARANTIZADA

CS    ZaruČenÁ tradiČnÍ specialita

DA    GARANTI FOR TRADITIONEL SPECIALITET

DE    GARANTIERT TRADITIONELLE SPEZIALITÄT

ET    Garanteeritud traditsiooniline eritunnus

ΕL    ΕΙΔΙΚΟ ΠΑΡΑΔΟΣΙΑΚΟ ΠΡΟΪΟΝ ΕΓΓΥΗΜΕΝΟ

EN    TRADITIONAL SPECIALITY GUARANTEED

FR    SPÉCIALITÉ TRADITIONNELLE GARANTIE

IT    SPECIALITÀ TRADIZIONALE GARANTITA

LV    GARANTĒTAS TRADICIONĀLĀS ĪPATNĪBAS

LT    garantuotas tradicinis gaminys

HU    HAGYOMÁNYOS KÜLÖNLEGES TERMÉK

MT    SPEĊJALITÀ TRADIZZJONALI GARANTITA

NL    GEGARANDEERDE TRADITIONELE SPECIALITEIT

PL    GWARANTOWANA TRADYCYJNA SPECJALNOŚĆ

PT    ESPECIALIDADE TRADICIONAL GARANTIDA

SK    Špecialita garantovaná tradíciou

SL    Zajamčena tradicionalna posebnost

FI    AITO PERINTEINEN TUOTE

SV    GARANTERAD TRADITIONELL SPECIALITET

                                                                  _____________

                                            ê 2515/94 Art. 1 pt 4 and Annex II

                                                                     ANNEX II

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                                                                  _____________

                                            é

                                                                    ANNEX III

                                                Repealed Regulation with its successive amendments

|Commission Regulation (EEC) No 1848/93                                               |(OJ L 168, 10.7.1993, p. 35)                   |
|Commission Regulation (EC) No 2515/94                                               |(OJ L 275, 26.10.1994, p. 1)                       |
|Commission Regulation (EC) No 2182/98                                               |(OJ L 275, 10.10.1998, p. 18)                      |
|Commission Regulation (EC) No 296/2004                                              |(OJ L 50, 20.2.2004, p. 15)                        |
|Commission Regulation (EC) No 2167/2004                                             |(OJ L 371, 18.12.2004, p. 8)                       |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Regulation (EEC) No 1848/93                                          |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|Article 2, introductory wording, first and second indents            |Article 2, introductory wording                                      |
|Article 2, final wording                                             |Article 2, first and second indents                                  |
|Article 3                                                            |Article 3                                                            |
|Article 4(1)                                                         |Article 4                                                            |
|Article 4(2)                                                         |–                                                                    |
|Article 4a                                                           |Article 5                                                            |
|Article 5                                                            |Article 6                                                            |
|Article 6                                                            |Article 7                                                            |
|Article 6a                                                           |Article 8                                                            |
|–                                                                    |Article 9                                                            |
|Article 7                                                            |Article 10                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|–                                                                    |Annex III                                                            |
|–                                                                    |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 208, 24.7.1992, p. 9. Ö Regulation as last amended by the 2003 Act of Accession Õ .
[2]   OJ L 168, 10.7.1993, p. 35. Regulation as last amended by Regulation (EC) No 2167/2004 (OJ L 371, 18.12.2004, p. 8).
[3]   See Annex III.