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Document 02012R1151-20191214
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
Consolidated text: 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
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
02012R1151 — EN — 14.12.2019 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) No 1151/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343 14.12.2012, p. 1) |
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REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 |
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Corrected by:
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
TITLE I
GENERAL PROVISIONS
Article 1
Objectives
This Regulation aims to help producers of agricultural products and foodstuffs to communicate the product characteristics and farming attributes of those products and foodstuffs to buyers and consumers, thereby ensuring:
fair competition for farmers and producers of agricultural products and foodstuffs having value-adding characteristics and attributes;
the availability to consumers of reliable information pertaining to such products;
respect for intellectual property rights; and
the integrity of the internal market.
The measures set out in this Regulation are intended to support agricultural and processing activities and the farming systems associated with high quality products, thereby contributing to the achievement of rural development policy objectives.
This Regulation establishes quality schemes which provide the basis for the identification and, where appropriate, protection of names and terms that, in particular, indicate or describe agricultural products with:
value-adding characteristics; or
value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing.
Article 2
Scope
In order to take into account international commitments or new production methods or material, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, supplementing the list of products set out in Annex I to this Regulation. Such products shall be closely linked to agricultural products or to the rural economy.
Article 3
Definitions
For the purposes of this Regulation the following definitions shall apply:
‘quality schemes’ means the schemes established under Titles II, III and IV;
‘group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product;
‘traditional’ means proven usage on the domestic market for a period that allows transmission between generations; this period is to be at least 30 years;
‘labelling’ means any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff;
‘specific character’ in relation to a product means the characteristic production attributes which distinguish a product clearly from other similar products of the same category;
‘generic terms ’ means the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union;
‘production step’ means production, processing or preparation;
‘processed products’ means foodstuffs resulting from the processing of unprocessed products. Processed products may contain ingredients that are necessary for their manufacture or to give them specific characteristics.
TITLE II
PROTECTED DESIGNATIONS OF ORIGIN AND PROTECTED GEOGRAPHICAL INDICATIONS
Article 4
Objective
A scheme for protected designations of origin and protected geographical indications is established in order to help producers of products linked to a geographical area by:
securing fair returns for the qualities of their products;
ensuring uniform protection of the names as an intellectual property right in the territory of the Union;
providing clear information on the value-adding attributes of the product to consumers.
Article 5
Requirements for designations of origin and geographical indications
For the purpose of this Regulation, ‘designation of origin’ is a name which identifies a product:
originating in a specific place, region or, in exceptional cases, a country;
whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and
the production steps of which all take place in the defined geographical area.
For the purpose of this Regulation, ‘geographical indication’ is a name which identifies a product:
originating in a specific place, region or country;
whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and
at least one of the production steps of which take place in the defined geographical area.
Notwithstanding paragraph 1, certain names shall be treated 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:
the production area of the raw materials is defined;
special conditions for the production of the raw materials exist;
there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and
the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004.
Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.
In addition, in order to take into account the specific character of certain products or areas, the Commission shall be empowered to adopt delegated acts in accordance with Article 56, concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials.
These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.
Article 6
Generic nature, conflicts with names of plant varieties and animal breeds, with homonyms and trade marks
A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
Article 7
Product specification
A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:
the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;
a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;
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 5(3);
evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);
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 group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;
details establishing the following:
the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or
where appropriate, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);
the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;
any specific labelling rule for the product in question.
The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 8
Content of application for registration
An application for registration of a designation of origin or geographical indication pursuant to Article 49(2) or (5) shall include at least:
the name and address of the applicant group and of the authorities or, if available, bodies verifying compliance with the provisions of the product specification;
the product specification provided for in Article 7;
a single document setting out the following:
the main points of the product specification: the name, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;
a description of the link between the product and the geographical environment or geographical origin referred to in Article 5(1) or (2), as the case may be, including, where appropriate, the specific elements of the product description or production method justifying the link.
An application as referred to in Article 49(5) shall, in addition, include proof that the name of the product is protected in its country of origin.
An application dossier referred to in Article 49(4) shall comprise:
the name and address of the applicant group;
the single document referred to in point (c) of paragraph 1 of this Article;
a declaration by the Member State that it considers that the application lodged by the applicant group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;
the publication reference of the product specification.
Article 9
Transitional national protection
A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.
Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn.
Where a name is not registered under this Regulation, the consequences of such national protection shall be the sole responsibility of the Member State concerned.
The measures taken by Member States under the first paragraph shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.
Article 10
Grounds for opposition
A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by the Commission within the time limit set out in that paragraph and if it:
shows that the conditions referred to in Article 5 and Article 7(1) are not complied with;
shows that the registration of the name proposed would be contrary to Article 6(2), (3) or (4);
shows that the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in point (a) of Article 50(2); or
gives details from which it can be concluded that the name for which registration is requested is a generic term.
Article 11
Register of protected designations of origin and protected geographical indications
Article 12
Names, symbols and indications
The Commission may adopt implementing acts defining the technical characteristics of the Union symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication, including rules concerning the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 13
Protection
Registered names shall be protected against:
any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient;
any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient;
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
any other practice liable to mislead the consumer as to the true origin of the product.
Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.
To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State.
These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Article 14
Relations between trade marks, designations of origin and geographical indications
Trade marks registered in breach of the first subparagraph shall be invalidated.
The provisions of this paragraph shall apply notwithstanding the provisions of Directive 2008/95/EC.
Article 15
Transitional periods for use of protected designations of origin and protected geographical indications
Without prejudice to Article 14, the Commission may adopt implementing acts granting a transitional period of up to five years to enable products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 13(1) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 49(3) or Article 51 shows that:
the registration of the name would jeopardise the existence of an entirely or partly identical name; or
such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to 15 years in duly justified cases where it is shown that:
the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the Commission;
the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the opposition procedure.
Such transitional periods shall be indicated in the application dossier referred to in Article 8(2).
Article 16
Transitional provisions
TITLE III
TRADITIONAL SPECIALITIES GUARANTEED
Article 17
Objective
A scheme for traditional specialities guaranteed is established to safeguard traditional methods of production and recipes by helping producers of traditional product in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers.
Article 18
Criteria
A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product or foodstuff that:
results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; or
is produced from raw materials or ingredients that are those traditionally used.
For a name to be registered as a traditional speciality guaranteed, it shall:
have been traditionally used to refer to the specific product; or
identify the traditional character or specific character of the product.
Article 19
Product specification
A traditional speciality guaranteed shall comply with a specification which shall comprise:
the name proposed for registration, in the appropriate language versions;
a description of the product including its main physical, chemical, microbiological or organoleptic characteristics, showing the product’s specific character;
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, and the method by which the product is prepared; and
the key elements establishing the product’s traditional character.
The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 20
Content of application for registration
An application for registration of a name as a traditional speciality guaranteed referred to in Article 49(2) or (5) shall comprise:
the name and address of the applicant group;
the product specification as provided for in Article 19.
An application dossier referred to in Article 49(4) shall comprise:
the elements referred to in paragraph 1 of this Article; and
a declaration by the Member State that it considers that the application lodged by the group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto.
Article 21
Grounds for opposition
A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by the Commission before expiry of the time limit and if it:
gives duly substantiated reasons why the proposed registration is incompatible with the terms of this Regulation; or
shows that use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.
Article 22
Register of traditional specialities guaranteed
Article 23
Names, symbol and indication
The symbol shall be optional on the labelling of traditional specialities guaranteed which are produced outside the Union.
The Commission may adopt implementing acts defining the technical characteristics of the Union symbol and indication, as well as the rules of their use on the products bearing the name of a traditional speciality guaranteed, including as to the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 24
Restriction on use of registered names
Article 25
Transitional provisions
Article 26
Simplified procedure
Before submitting a name, the Member State shall initiate an opposition procedure as defined in Article 49(3) and (4).
If it is demonstrated in the course of this procedure that the name is also used in reference to comparable products or products that share an identical or similar name, the name may be complemented by a term identifying its traditional or specific character.
A group from a third country may submit such names to the Commission, either directly or through the authorities of the third country.
TITLE IV
OPTIONAL QUALITY TERMS
Article 27
Objective
A scheme for optional quality terms is established in order to facilitate the communication within the internal market of the value-adding characteristics or attributes of agricultural products by the producers thereof.
Article 28
National Rules
Member States may maintain national rules on optional quality terms which are not covered by this Regulation, provided that such rules comply with Union law.
Article 29
Optional quality terms
Optional quality terms shall satisfy the following criteria:
the term relates to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas;
the use of the term adds value to the product as compared to products of a similar type; and
the term has a European dimension.
Article 30
Reservation and amendment
Article 31
Mountain product
This term shall only be used to describe products intended for human consumption listed in Annex I to the Treaty in respect of which:
both the raw materials and the feedstuffs for farm animals come essentially from mountain areas;
in the case of processed products, the processing also takes place in mountain areas.
Article 32
Product of island farming
No later than 4 January 2014 the Commission shall present a report to the European Parliament and to the Council on the case for a new term, ‘product of island farming’. The term may only be used to describe the products intended for human consumption that are listed in Annex I to the Treaty the raw materials of which come from islands. In addition, for the term to be applied to processed products, processing must also take place on islands in cases where this substantially affects the particular characteristics of the final product.
That report shall, if necessary, be accompanied by appropriate legislative proposals to reserve an optional quality term ‘product of island farming’.
Article 33
Restrictions on use
Article 34
Monitoring
Member States shall undertake checks, based on a risk analysis, to ensure compliance with the requirements of this Title and, in the event of breach, shall apply appropriate administrative penalties.
TITLE V
COMMON PROVISIONS
CHAPTER I
Official controls of protected designations of origin, protected geographical indications and traditional specialities guaranteed
Article 35
Scope
The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
Article 36
Content of official controls
Official controls performed in accordance with Regulation ►C2 (EU) 2017/625 ◄ of the European Parliament and of the Council ( 3 ) shall cover:
verification that a product complies with the corresponding product specification; and
monitoring of the use of registered names to describe product placed on the market, in conformity with Article 13 for names registered under Title II and in conformity with Article 24 for names registered under Title III.
Article 37
Verification of compliance with product specification
In respect of protected designations of origin, protected geographical indications and traditional specialities guaranteed that designate products originating within the Union, verification of compliance with the product specification, before placing the product on the market, shall be carried out by:
the competent authorities designated in accordance with Article 4 of Regulation ►C2 (EU) 2017/625 ◄ ; or
delegated bodies as defined in Article 3(5) of Regulation ►C2 (EU) 2017/625 ◄ .
The costs of such verification of compliance with the specifications may be borne by the operators that are subject to those controls. The Member States may also contribute to these costs.
In respect of designations of origin, geographical indications and traditional specialities guaranteed that designate products originating in a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by:
one or more of the public authorities designated by the third country; and/or
one or more of the product certification bodies.
The Commission shall make public the name and address of the authorities and bodies referred to in paragraph 2 of this Article and update that information periodically.
▼M1 —————
Article 39
Delegated bodies performing controls in third countries
The delegated bodies performing controls in the third countries referred to in paragraph 2(b) of Article 37 shall be accredited to the relevant harmonised standard for ‘Conformity assessment- Requirements for bodies certifying products, processes and services’. These delegated bodies may be accredited either by a national accreditation body outside the Union, in accordance with Regulation (EC) No 765/2008, or by an accreditation body outside the Union that is a signatory of a multilateral recognition arrangement under the auspices of the International Accreditation Forum.
Article 40
Planning and reporting of control activities
CHAPTER II
Exceptions for certain prior uses
Article 41
Generic terms
To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:
the existing situation in areas of consumption;
the relevant national or Union legal acts.
Article 42
Plant varieties and animal breeds
This Regulation shall not prevent the placing on the market of products the labelling of which includes a name or term protected or reserved under a quality scheme described in Title II, Title III, or Title IV that contains or comprises the name of a plant variety or animal breed, provided that the following conditions are met:
the product in question comprises or is derived from the variety or breed indicated;
consumers are not misled;
the usage of the name of the variety or breed name constitutes fair competition;
the usage does not exploit the reputation of the protected term; and
in the case of the quality scheme described in Title II, production and marketing of the product had spread beyond its area of origin prior to the date of application for registration of the geographical indication.
Article 43
Relation to intellectual property
The quality schemes described in Titles III and IV shall apply without prejudice to Union rules or to those of Member States governing intellectual property, and in particular to those concerning designations of origin and geographical indications and trade marks, and rights granted under those rules.
CHAPTER III
Quality scheme indications and symbols and role of producers
Article 44
Protection of indications and symbols
Indications, abbreviations and symbols referring to the quality schemes may only be used in connection with products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols:
‘protected designation of origin’, ‘protected geographical indication’, ‘geographical indication’, ‘PDO’, ‘PGI’, and the associated symbols, as provided for in Title II;
‘traditional speciality guaranteed’, ‘TSG’, and the associated symbol, as provided for in Title III;
‘mountain product’, as provided for in Title IV.
Article 45
Role of groups
Without prejudice to specific provisions on producer organisations and inter-branch organisations as laid down in Regulation (EC) No 1234/2007, a group is entitled to:
contribute to ensuring that the quality, reputation and authenticity of their products are guaranteed on the market by monitoring the use of the name in trade and, if necessary, by informing competent authorities as referred to in Article 36, or any other competent authority within the framework of Article 13(3);
take action to ensure adequate legal protection of the protected designation of origin or protected geographical indication and of the intellectual property rights that are directly connected with them;
develop information and promotion activities aiming at communicating the value-adding attributes of the product to consumers;
develop activities related to ensuring compliance of a product with its specification;
take action to improve the performance of the scheme, including developing economic expertise, carrying out economic analyses, disseminating economic information on the scheme and providing advice to producers;
take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are, or risk being, detrimental to the image of those products.
Article 46
Right to use the schemes
Article 47
Fees
Without prejudice to Regulation (EC) No 882/2004 and in particular the provisions of Chapter VI of Title II thereof, Member States may charge a fee to cover their costs of managing the quality schemes, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations provided for in this Regulation.
CHAPTER IV
Application and registration processes for designations of origin, geographical indications, and traditional specialities guaranteed
Article 48
Scope of application processes
The provisions of this Chapter shall apply in respect of the quality schemes set out in Title II and Title III.
Article 49
Application for registration of names
A single natural or legal person may be treated as a group where it is shown that both of the following conditions are fulfilled:
the person concerned is the only producer willing to submit an application;
with regard to protected designations of origin and protected geographical indications, the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
The Member State shall scrutinise the application by appropriate means in order to check that it is justified and meets the conditions of the respective scheme.
The Member State shall examine the admissibility of oppositions received under the scheme set out in Title II in the light of the criteria referred to in Article 10(1), or the admissibility of oppositions received under the scheme set out in Title III in the light of the criteria referred to in Article 21(1).
The Member State shall ensure that its favourable decision is made public and that any natural or legal person having a legitimate interest has an opportunity to appeal.
The Member State shall ensure that the version of the product specification on which its favourable decision is based, is published, and shall provide electronic access to the product specification.
With reference to protected designations of origin and protected geographical indications, the Member State shall also ensure adequate publication of the version of the product specification on which the Commission takes its decision pursuant to Article 50(2).
The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of applications, including for applications concerning more than one national territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 50
Scrutiny by the Commission and publication for opposition
The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission.
Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the Commission considers that the conditions laid down in this Regulation are fulfilled, it shall publish in the Official Journal of the European Union:
for applications under the scheme set out in Title II, the single document and the reference to the publication of the product specification;
for applications under the scheme set out in Title III, the specification.
Article 51
Opposition procedure
Any natural or legal person having a legitimate interest, established or resident in a Member State other than that from which the application was submitted, may lodge a notice of opposition with the Member State in which it is established within a time limit permitting an opposition to be lodged pursuant to the first subparagraph.
A notice of opposition shall contain a declaration that the application might infringe the conditions laid down in this Regulation. A notice of opposition that does not contain this declaration is void.
The Commission shall forward the notice of opposition to the authority or body that lodged the application without delay.
The authority or person that lodged the opposition and the authority or body that lodged the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions of this Regulation. If no agreement is reached, this information shall also be provided to the Commission.
At any time during these three months, the Commission may, at the request of the applicant extend the deadline for the consultations by a maximum of three months.
The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of the oppositions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 52
Decision on registration
If the Commission receives an admissible reasoned statement of opposition, it shall, following the appropriate consultations referred to in Article 51(3), and taking into account the results thereof, either:
if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 57(2), and, if necessary, amend the information published pursuant to Article 50(2) provided such amendments are not substantial; or
if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 53
Amendment to a product specification
Applications shall describe and give reasons for the amendments requested.
However, if the proposed amendments are minor, the Commission shall approve or reject the application. In the event of the approval of amendments implying a modification of the elements referred to in Article 50(2), the Commission shall publish those elements in the Official Journal of the European Union.
For an amendment to be regarded as minor in the case of the quality scheme described in Title II, it shall not:
relate to the essential characteristics of the product;
alter the link referred to in point (f)(i) or (ii) of Article 7(1);
include a change to the name, or to any part of the name of the product;
affect the defined geographical area; or
represent an increase in restrictions on trade in the product or its raw materials.
For an amendment to be regarded as minor in the case of the quality scheme described in Title III, it shall not:
relate to the essential characteristics of the product;
introduce essential changes to the production method; or
include a change to the name, or to any part of the name of the product.
The scrutiny of the application shall focus on the proposed amendment.
The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of an amendment application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 54
Cancellation
The Commission may, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a protected designation of origin or of a protected geographical indication or of a traditional speciality guaranteed in the following cases:
where compliance with the conditions of the specification is not ensured;
where no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least seven years.
The Commission may, at the request of the producers of product marketed under the registered name, cancel the corresponding registration.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
The Commission may adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
TITLE VI
PROCEDURAL AND FINAL PROVISIONS
CHAPTER I
Local farming and direct sales
Article 55
Reporting on local farming and direct sales
No later than 4 January 2014 the Commission shall present a report to the European Parliament and to the Council on the case for a new local farming and direct sales labelling scheme to assist producers in marketing their produce locally. That report shall focus on the ability of the farmer to add value to his produce through the new label, and should take into account other criteria, such as the possibilities of reducing carbon emissions and waste through short production and distribution chains.
That report shall, if necessary, be accompanied by appropriate legislative proposals on the creation of a local farming and direct sales labelling scheme.
CHAPTER II
Procedural rules
Article 56
Exercise of the delegation
Article 57
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
CHAPTER III
Repeal and final provisions
Article 58
Repeal
However, Article 13 of Regulation (EC) No 509/2006 shall continue to apply in respect of applications concerning products falling outside the scope of Title III of this Regulation, received by the Commission prior to the date of entry into force of this Regulation.
Article 59
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Article 12(3) and Article 23(3) shall apply from 4 January 2016, without prejudice to products already placed on the market before that date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
AGRICULTURAL PRODUCTS AND FOODSTUFFS REFERRED TO IN ARTICLE 2(1)
I. Designations of Origin and Geographical indications
II. Traditional specialities guaranteed
ANNEX II
CORRELATION TABLE REFERRED TO IN ARTICLE 58(2)
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Regulation (EC) No 509/2006 |
This Regulation |
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Article 1(1) |
Article 2(1) |
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Article 1(2) |
Article 2(3) |
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Article 1(3) |
Article 2(4) |
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Article 2(1), point (a) |
Article 3, point (5) |
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Article 2(1), point (b) |
Article 3, point (3) |
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Article 2(1), point (c) |
— |
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Article 2(1), point (d) |
Article 3, point (2) |
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Article 2(2), first to third subparagraph |
— |
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Article 2(2), fourth subparagraph |
— |
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Article 3 |
Article 22(1) |
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Article 4(1), first subparagraph |
Article 18(1) |
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Article 4(2) |
Article 18(2) |
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Article 4(3), first subparagraph |
— |
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Article 4(3), second subparagraph |
Article 18(4) |
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Article 5(1) |
Article 43 |
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Article 5(2) |
Article 42(1) |
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Article 6(1) |
Article 19(1) |
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Article 6(1), point (a) |
Article 19(1), point (a) |
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Article 6(1), point (b) |
Article 19(1), point (b) |
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Article 6(1), point (c) |
Article 19(1), point (c) |
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Article 6(1), point (d) |
— |
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Article 6(1), point (e) |
Article 19(1), point (d) |
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Article 6(1), point (f) |
— |
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Article 7(1) and (2) |
Article 49(1) |
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Article 7(3), points (a) and (b) |
Article 20(1), points (a) and (b) |
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Article 7(3), point (c) |
— |
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Article 7(3), point (d) |
— |
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Article 7(4) |
Article 49(2) |
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Article 7(5) |
Article 49(3) |
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Article 7(6), points (a), (b) and (c) |
Article 49(4) |
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Article 7(6), point (d) |
Article 20(2) |
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Article 7(7) |
Article 49(5) |
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Article 7(8) |
Article 49(6) |
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Article 8(1) |
Article 50(1) |
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Article 8(2), first subparagraph |
Article 50(2), point (b) |
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Article 8(2), second subparagraph |
Article 52(1) |
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Article 9(1) and (2) |
Article 51(1) |
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Article 9(3) |
Article 21(1) and (2) |
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Article 9(4) |
Article 52(2) |
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Article 9(5) |
Article 52(3) and (4) |
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Article 9(6) |
Article 51(5) |
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Article 10 |
Article 54 |
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Article 11 |
Article 53 |
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Article 12 |
Article 23 |
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Article 13(1) |
— |
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Article 13(2) |
— |
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Article 13(3) |
— |
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Article 14(1) |
Article 36(1) |
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Article 14(2) |
Article 46(1) |
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Article 14(3) |
Article 37(3), second subparagraph |
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Article 15(1) |
Article 37(1) |
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Article 15(2) |
Article 37(2) |
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Article 15(3) |
Article 39(2) |
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Article 15(4) |
Article 36(2) |
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Article 16 |
— |
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Article 17(1) and (2) |
Article 24(1) |
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Article 17(3) |
Article 24(2) |
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Article 18 |
Article 57 |
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Article 19(1), point (a) |
— |
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Article 19(1), point (b) |
Article 49(7), second subparagraph |
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Article 19(1), point (c) |
Article 49(7), first subparagraph |
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Article 19(1), point (d) |
Article 22(2) |
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Article 19(1), point (e) |
Article 51(6) |
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Article 19(1), point (f) |
Article 54(1) |
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Article 19(1), point (g) |
Article 23(4) |
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Article 19(1), point (h) |
— |
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Article 19(1), point (i) |
— |
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Article 19(2) |
Article 25(1) |
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Article 19(3), point (a) |
— |
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Article 19(3), point (b) |
Article 25(2) |
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Article 20 |
Article 47 |
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Article 21 |
Article 58 |
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Article 22 |
Article 59 |
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Annex I |
Annex I (Part II) |
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Regulation (EC) No 510/2006 |
This Regulation |
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Article 1(1) |
Article 2(1) and (2) |
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Article 1(2) |
Article 2(3) |
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Article 1(3) |
Article 2(4) |
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Article 2 |
Article 5 |
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Article 3(1), first subparagraph |
Article 6(1) |
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Article 3(1), second and third subparagraph |
Article 41(1), (2) and (3) |
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Article 3(2), (3) and (4) |
Article 6(2), (3) and (4) |
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Article 4 |
Article 7 |
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Article 5(1) |
Article 3, point (2), and Article 49(1) |
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Article 5(2) |
Article 49(1) |
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Article 5(3) |
Article 8(1) |
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Article 5(4) |
Article 49(2) |
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Article 5(5) |
Article 49(3) |
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Article 5(6) |
Article 9 |
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Article 5(7) |
Article 8(2) |
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Article 5(8) |
— |
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Article 5(9), first subparagraph |
— |
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Article 5(9), second subparagraph |
Article 49(5) |
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Article 5(10) |
Article 49(6) |
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Article 5(11) |
— |
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Article 6(1), first subparagraph |
Article 50(1) |
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Article 6(2), first subparagraph |
Article 50(2), point (a) |
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Article 6(2), second subparagraph |
Article 52(1) |
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Article 7(1) |
Article 51(1), first subparagraph |
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Article 7(2) |
Article 51(1), second subparagraph |
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Article 7(3) |
Article 10 |
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Article 7(4) |
Article 52(2) and (4) |
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Article 7(5) |
Article 51(3) and Article 52(3) and (4) |
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Article 7(6) |
Article 11 |
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Article 7(7) |
Article 51(5) |
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Article 8 |
Article 12 |
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Article 9 |
Article 53 |
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Article 10(1) |
Article 36(1) |
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Article 10(2) |
Article 46(1) |
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Article 10(3) |
Article 37(3), second subparagraph |
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Article 11(1) |
Article 37(1) |
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Article 11(2) |
Article 37(2) |
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Article 11(3) |
Article 39(2) |
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Article 11(4) |
Article 36(2) |
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Article 12 |
Article 54 |
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Article 13(1) |
Article 13(1) |
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Article 13(2) |
Article 13(2) |
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Article 13(3) |
Article 15(1) |
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Article 13(4) |
Article 15(2) |
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Article 14 |
Article 14 |
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Article 15 |
Article 57 |
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Article 16, point (a) |
Article 5(4), second subparagraph |
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Article 16, point (b) |
— |
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Article 16, point (c) |
— |
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Article 16, point (d) |
Article 49(7) |
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Article 16, point (e) |
— |
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Article 16, point (f) |
Article 51(6) |
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Article 16, point (g) |
Article 12(7) |
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Article 16, point (h) |
— |
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Article 16, point (i) |
Article 11(3) |
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Article 16, point (j) |
— |
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Article 16, point (k) |
Article 54(2) |
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Article 17 |
Article 16 |
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Article 18 |
Article 47 |
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Article 19 |
Article 58 |
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Article 20 |
Article 59 |
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Annex I and Annex II |
Annex I (Part I) |
( 1 ) OJ L 204, 21.7.1998, p. 37.
( 2 ) OJ L 78, 24.3.2009, p. 1.
( 3 ) Regulation ►C2 (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) ( ►C2 OJ L 95, 7.4.2017, p. 1 ◄ ).