51996PC0266

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(96/C 241/07)

COM(96) 266 final - 96/0159(CNS)

(Submitted by the Commission on 2 July 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Article 13 (2) of Council Regulation (EEC) No 2081/92 (1), as amended by the Act of Accession of Austria, Finland and Sweden, provides for a transitional period of up to five years from the publication of that Regulation during which the Member States may maintain national measures authorizing the use of the expressions referred to in paragraph 1 (b) of that Article under certain conditions; whereas Regulation (EEC) No 2081/92 was published on 24 July 1992; whereas the transitional period will accordingly expire on 25 July 1997;

Whereas the first proposal for registration of geographical indications and designations of origin was only submitted to the Council in March 1996 and the greater part of the five-year transitional period has passed; whereas, in order to maintain the full effect of that transitional period, the date of commencement of the five-year period should be amended to start on the date of registration of the names; whereas provision should also be made for the transitional period also to apply to point (a) of Article 13 (1) of Regulation (EEC) No 2081/92, given that the prohibition provided for in that point may overlap that provided for in point (b) of the same paragraph;

Whereas the transitional period should apply only to names registered under Article 17 of Regulation (EEC) No 2081/92, since the granting of this adjustment period should not prejudice producers with regard to existing names already used in the Member States,

HAS ADOPTED THIS REGULATION:

Article 1

Article 13 (2) of Regulation (EEC) No 2801/92 is hereby replaced by the following:

'2. Notwithstanding points (a) and (b) of paragraph 1, Member States may maintain national measures authorizing the use of names registered under Article 17 for a period of not more than five years from the date of publication of registration, provided that:

- the products have been marketed legally using such names for at least five years before the date of publication of this Regulation,

- the labelling clearly indicates the true origin of the product.

However, this derogation may not lead to the marketing of products freely on the territory of a Member State where such names are prohibited.`

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

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

(1) OJ No L 208, 24. 7. 1992, p. 1.