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14.12.2012 Official
Journal
of
the
European
Union
L
343/1
I
(Legislative acts)
REGULATIONS
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2) Citizens
and
consumers
in
the
Union
increasingly
EUROPEAN UNION,
demand quality as well as traditional products. They
are also concerned to maintain the diversity of the agri
cultural production in the Union. This generates a
demand for agricultural products or foodstuffs with iden
Having regard to the Treaty on the Functioning of the European
tifiable specific characteristics, in particular those linked
Union, and in particular Article 43(2) and the first paragraph of
to their geographical origin.
Article 118 thereof,

Having regard to the proposal from the European Commission,
(3)
Producers can only continue to produce a diverse range
of quality products if they are rewarded fairly for their
effort. This requires that they are able to communicate to
After transmission of the draft legislative act to the national
buyers and consumers the characteristics of their product
parliaments,
under conditions of fair competition. It also requires
them to be able to correctly identify their products on
the marketplace.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) Operating
quality
schemes
for
producers
which
reward
Having regard to the opinion of the Committee of the
them for their efforts to produce a diverse range of
Regions (
quality products can benefit the rural economy. This is

2 ),
particularly the case in less favoured areas, in mountain
areas and in the most remote regions, where the farming
sector accounts for a significant part of the economy and
Acting in accordance with the ordinary legislative procedure ( 3 ),
production costs are high. In this way quality schemes
are able to contribute to and complement rural devel
opment policy as well as market and income support
Whereas:
policies of the common agricultural policy (CAP). In

particular, they may contribute to areas in which the
farming sector is of greater economic importance and,
especially, to disadvantaged areas.
(1) The
quality
and
diversity
of
the
Union’s
agricultural,
fisheries and aquaculture production is 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
(5)
The Europe 2020 policy priorities as set out in the
to the skills and determination of Union farmers and
Commission Communication entitled ‘Europe 2020: A
producers who have kept traditions alive while taking
strategy for smart, sustainable and inclusive growth’,
into account the developments of new production
include the aims of achieving a competitive economy
methods and material.
based on knowledge and innovation and fostering a
high-employment economy delivering social and terri
torial cohesion. Agricultural product quality policy
( 1 ) OJ C 218, 23.7.2011, p. 114.
should therefore provide producers with the right tools
( 2 ) OJ C 192, 1.7.2011, p. 28.
to better identify and promote those of their products
( 3 ) Position of the European Parliament of 13 September 2012 (not yet
published in the Official Journal) and decision of the Council of
that have specific characteristics while protecting those
13 November 2012.
producers against unfair practices.

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L 343/2
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Official Journal of the European Union
14.12.2012
(6) The
set
of
complementary
measures
envisaged
should
guaranteed scheme have certain common objectives and
respect the principles of subsidiarity and proportionality.
provisions.
(7) Agricultural
product
quality
policy
measures
are
laid (11) The
Union
has
for
some
time
been
pursuing
an
approach
down in Council Regulation (EEC) No 1601/91 of
that aims to simplify the regulatory framework of the
10 June 1991 laying down general rules on the defi
CAP. This approach should also be applied to regulations
nition, description and presentation of aromatized
in the field of agricultural product quality policy, without,
wines, aromatized wine-based drinks and aromatized
in so doing, calling into question the specific character
wine-product cocktails
( 1 ); Council Directive
istics of those products.
2001/110/EC of 20 December 2001 relating to
honey ( 2 ) and in particular in Article 2 thereof, Council
Regulation (EC) No 247/2006 of 30 January 2006 laying
(12) Some
regulations that form part of the agricultural
down specific measures for agriculture in the outermost
product quality policy have been reviewed recently but
regions of the Union ( 3 ) and in particular in Article 14
are not yet fully implemented. As a result, they should
thereof; Council Regulation (EC) No 509/2006 of
not be included in this Regulation. However, they may be
20 March 2006 on agricultural products and foodstuffs
incorporated at a later stage, once the legislation has
as traditional specialities guaranteed ( 4 ); Council Regu
been fully implemented.
lation (EC) No 510/2006 of 20 March 2006 on the
protection of geographical indications and designations
of origin for agricultural products and foodstuffs ( 5 );
(13) In
the
light
of
the
aforementioned
considerations,
the
Council Regulation (EC) No 1234/2007 of 22 October
following provisions should be amalgamated into a
2007 establishing a common organisation of agricultural
single legal framework comprising the new or updated
markets and on specific provisions for certain agricultural
provisions of Regulations (EC) No 509/2006 and (EC)
products (Single CMO Regulation) ( 6 ) and in particular in
No 510/2006 and those provisions of Regulations (EC)
Part II, Title II, Chapter I, Section I and in Section Ia,
No 509/2006 and (EC) No 510/2006 that are main
Subsection I thereof; Council Regulation (EC) No
tained.
834/2007 of 28 June 2007 on organic production and
labelling of organic products ( 7 ); and Regulation (EC) No
110/2008 of the European Parliament and of the Council
(14) In the interests of clarity and transparency, Regulations
of 15 January 2008 on the definition, description, pres
(EC) No 509/2006 and (EC) No 510/2006 should
entation, labelling and the protection of geographical
therefore be repealed and replaced by this Regulation.
indications of spirit drinks ( 8 ).
(15) The
scope
of
this
Regulation
should
be
limited
to
the
(8) The
labelling
of
agricultural
products
and
foodstuffs
agricultural products intended for human consumption
should be subject to the general rules laid down in
listed in Annex I to the Treaty and to a list of
Directive 2000/13/EC of the European Parliament and
products outside the scope of that Annex that are
of the Council of 20 March 2000 on the approximation
closely linked to agricultural production or to the rural
of the laws of the Member States relating to the labelling,
economy.
presentation and advertising of foodstuffs ( 9 ), and in
particular the provisions aimed at preventing labelling
that may confuse or mislead consumers.
(16) The
rules
provided
for
in
this
Regulation
should
apply
without affecting existing Union legislation on wines,
aromatised wines, spirit drinks, product of organic
(9) The
Communication
from
the
Commission
to
the
farming, or outermost regions.
European Parliament, the Council, the European
Economic and Social Committee and the Committee of
the Regions on agricultural product quality policy
(17) The
scope
for
designations
of
origin
and
geographical
identified the achievement of a greater overall
indications should be limited to products for which an
coherence and consistency of agricultural product
intrinsic link exists between product or foodstuff char
quality policy as a priority.
acteristics and geographical origin. The inclusion in the
current scheme of only certain types of chocolate as
confectionery products is an anomaly that should be
(10) The geographical indications scheme for agricultural
corrected.
products and foodstuffs and the traditional specialities
(18)
( 1 ) OJ L 149, 14.6.1991, p. 1.
The specific objectives of protecting designations of
( 2 ) OJ L 10, 12.1.2002, p. 47.
origin and geographical indications are securing a fair
( 3 ) OJ L 42, 14.2.2006, p. 1.
return for farmers and producers for the qualities and
( 4 ) OJ L 93, 31.3.2006, p. 1.
characteristics of a given product, or of its mode of
( 5 ) OJ L 93, 31.3.2006, p. 12.
production, and providing clear information on
( 6 ) OJ L 299, 16.11.2007, p. 1.
products with specific characteristics linked to
( 7 ) OJ L 189, 20.7.2007, p. 1.
( 8 ) OJ L 39, 13.2.2008, p. 16.
geographical origin, thereby enabling consumers to
( 9 ) OJ L 109, 6.5.2000, p. 29.
make more informed purchasing choices.

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14.12.2012 Official
Journal
of
the
European
Union
L
343/3
(19) Ensuring
uniform
respect
throughout
the
Union
for
the
afforded by this Regulation upon registration, should be
intellectual property rights related to names protected in
equally available to designations of origin and
the Union is a priority that can be achieved more effec
geographical indications of third countries that meet
tively at Union level.
the corresponding criteria and that are protected in
their country of origin.
(20) A
Union
framework
that
protects
designations
of
origin
and geographical indications by providing for their
(25) The
registration
procedure
at
Union
level
should
enable
inclusion on a register facilitates the development of
any natural or legal person with a legitimate interest
those instruments, since the resulting, more uniform,
from a Member State, other than the Member State of
approach ensures fair competition between the
the application, or from a third country, to exercise their
producers of products bearing such indications and
rights by notifying their opposition.
enhances the credibility of the products in the
consumers’ eyes. Provision should be made for the devel
opment of designations of origin and geographical indi
cations at Union level and for promoting the creation of
(26) Entry
in
the
register
of
protected
designations
of
origin
mechanisms for their protection in third countries in the
and protected geographical indications should also
framework of the World Trade Organisation (WTO) or
provide information to consumers and to those
multilateral and bilateral agreements, thereby
involved in trade.
contributing to the recognition of the quality of
products and of their model of production as a factor
that adds value.
(27) The
Union
negotiates
international
agreements,
including
those concerning the protection of designations of origin
and geographical indications, with its trade partners. In
(21) In the light of the experience gained from the implemen
order to facilitate the provision to the public of
tation of Council Regulation (EEC) No 2081/92 of
information about the names so protected, and in
14 July 1992 on the protection of geographical indi
particular to ensure protection and control of the use
cations and designations of origin for agricultural
to which those names are put, the names may be
products and foodstuffs (
entered in the register of protected designations of

1 ) and Regulation (EC) No
510/2006, there is a need to address certain issues, to
origin and protected geographical indications. Unless
clarify and simplify some rules and to streamline the
specifically identified as designations of origin in such
procedures of this scheme.
international agreements, the names should be entered
in the register as protected geographical indications.
(22) In the light of existing practice, the two different
instruments for identifying the link between the
(28) In view of their specific nature, special provisions
product and its geographical origin, namely the
concerning labelling should be adopted in respect of
protected designation of origin and the protected
protected designations of origin and protected
geographical indication, should be further defined and
geographical indications that require producers to use
maintained. Without changing the concept of those
the appropriate Union symbols or indications on pack
instruments, some modifications to the definitions
aging. In the case of Union names, the use of such
should be adopted in order to better take into account
symbols or indications should be made obligatory in
the definition of geographical indications laid down in
order to make this category of products, and the guar
the Agreement on Trade-Related Aspects of Intellectual
antees attached to them, better known to consumers and
Property Rights and to make them simpler and clearer
in order to permit easier identification of these products
for operators to understand.
on the market, thereby facilitating checks. Taking into
account the requirements of the WTO, the use of such
symbols or indications should be made voluntary for
(23) An
agricultural
product or foodstuff bearing such a
third-country geographical indications and designations
geographical description should meet certain conditions
of origin.
set out in a specification, such as specific requirements
aimed at protecting the natural resources or landscape of
the production area or improving the welfare of farm
(29) Protection should be granted to names included in the
animals.
register with the aim of ensuring that they are used fairly
and in order to prevent practices liable to mislead
consumers. In addition, the means of ensuring that
(24) To
qualify
for
protection
in
the
territories
of
Member
geographical indications and designations of origin are
States, designations of origin and geographical indi
protected should be clarified, particularly as regards the
cations should be registered only at Union level. With
role of producer groups and competent authorities of
effect from the date of application for such registration at
Member States.
Union level, Member States should be able to grant tran
sitional protection at national level without affecting
intra-Union or international trade. The protection
(30) Provision
should
be
made
for
specific
derogations
that
permit, for transitional periods, the use of a registered
( 1 ) OJ L 208, 24.7.1992, p. 1.
name alongside other names. Those derogations should

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be simplified and clarified. In certain cases, in order to
only deal with the reservation of names across the
overcome temporary difficulties and with the long-term
Union.
objective of ensuring that all producers comply with the
specifications, those derogations may be granted for a
period of up to 10 years.
(36) To
ensure
that
names
of
genuine
traditional
products
are
registered under the scheme, the criteria and conditions
for registration of a name should be adapted, in
(31) The
scope
of
the
protection
granted
under
this
Regu
particular those concerning the definition of ‘traditional’,
lation should be clarified, in particular with regard to
which should cover products that have been produced
those limitations on registration of new trade marks set
for a significant period of time.
out in Directive 2008/95/EC of the European Parliament
and of the Council of 22 October 2008 to approximate
the laws of the Member States relating to trade marks ( 1 )
(37) To
ensure
that
traditional
specialities
guaranteed
comply
that conflict with the registration of protected desig
with their specification and are consistent, producers
nations of origin and protected geographical indications
organised into groups should themselves define the
as is already the case for the registration of new trade
product in a specification. The option of registering a
marks at Union level. Such clarification is also necessary
name as a traditional speciality guaranteed should be
with regard to the holders of prior rights in intellectual
open to third-country producers.
property, in particular those concerning trade marks and
homonymous names registered as protected designations
of origin or as protected geographical indications.
(38) To
qualify
for
reservation,
traditional
specialities
guar
anteed should be registered at Union level. The entry
in the register should also provide information to
(32) Protection of designations of origin and geographical
consumers and to those involved in the trade.
indications should be extended to the misuse, imitation
and evocation of the registered names on goods as well
as on services in order to ensure a high level of
(39) In order to avoid creating unfair conditions of
protection and to align that protection with that which
competition, any producer, including a third-country
applies to the wine sector. When protected designations
producer, should be able to use a registered name of a
of origin or protected geographical indications are used
traditional speciality guaranteed, provided that the
as ingredients, the Commission Communication entitled
product concerned complies with the requirements of
‘Guidelines on the labelling of foodstuffs using protected
the relevant specification and the producer is covered
designations of origin (PDOs) or protected geographical
by a system of controls. For traditional specialities guar
indications (PGIs) as ingredients’ should be taken into
anteed produced within the Union, the Union symbol
account.
should be indicated on the labelling and it should be
possible to associate it with the indication ‘traditional
speciality guaranteed’.
(33) The
names
already
registered
under
Regulation
(EC)
No
510/2006 on 3 January 2013 should continue to be
protected under this Regulation and they should be auto
(40) In
order
to
protect
registered
names
from
misuse,
or
matically included in the register.
from practices that might mislead consumers, their use
should be reserved.
(34) The
specific objective of the scheme for traditional
specialities guaranteed is to help the producers of tradi
(41) For
those
names
already
registered
under
Regulation
(EC)
tional products to communicate to consumers the value-
No 509/2006 that, on 3 January 2013, would otherwise
adding attributes of their product. However, as only a
not be covered by the scope of this Regulation, the terms
few names have been registered, the current scheme for
of use laid down in Regulation (EC) No 509/2006 should
traditional specialities guaranteed has failed to realise its
continue to apply for a transitional period.
potential. Current provisions should therefore be
improved, clarified and sharpened in order to make the
scheme more understandable, operational and attractive
(42) A
procedure
should
be
introduced
for
registering
names
to potential applicants.
that are registered without reservation of name pursuant
to Regulation (EC) No 509/2006, enabling them to be
registered with reservation of name.
(35) The
current
scheme
provides
the
option
to
register
a
name for identification purposes without reservation of
the name in the Union. As this option has not been well
(43) Provision
should
also
be
made
for
transitional
measures
understood by stakeholders and since the function of
applicable to registration applications received by the
identifying traditional products can be better achieved
Commission before 3 January 2013.
at Member State or regional level in application of the
principle of subsidiarity, this option should be discon
tinued. In the light of experience, the scheme should
(44) A second tier of quality systems, based on quality terms
which add value, which can be communicated on the
( 1 ) OJ L 299, 8.11.2008, p. 25.
internal market and which are to be applied voluntarily,

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should be introduced. Those optional quality terms
international standards developed by the International
should refer to specific horizontal characteristics, with
Organisation for Standardisation (ISO) should be used
regard to one or more categories of products, farming
for the accreditation of the control bodies as well as
methods or processing attributes which apply in specific
by those bodies for their operations. The accreditation
areas. The optional quality term ‘mountain product’ has
of those bodies should take place in accordance with
met the conditions up to now and will add value to the
Regulation (EC) No 765/2008 of the European
product on the market. In order to facilitate the appli
Parliament and of the Council of 9 July 2008 setting
cation of Directive 2000/13/EC where the labelling of
out the requirements for accreditation and market
foodstuffs may give rise to consumer confusion in
surveillance relating to the marketing of products ( 3 ).
relation to optional quality terms, including in particular
‘mountain products’, the Commission may adopt guide
lines.
(50) Information
on
control
activities
for
geographical
indi
cations and traditional specialities guaranteed should be
included in the multiannual national control plans and
(45) In
order
to
provide
mountain
producers
with
an
effective
annual report prepared by the Member States in
tool to better market their product and to reduce the
accordance with Regulation (EC) No 882/2004.
actual risks of consumer confusion as to the mountain
provenance of products in the market place, provision
should be made for the definition at Union level of an
optional quality term for mountain products. The defi
(51) Member States should be authorised to charge a fee to
nition of mountain areas should build on the general
cover the costs incurred.
classification criteria employed to identify a mountain
area in Council Regulation (EC) No 1257/1999 of
17 May 1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(52) Existing
rules
concerning
the
continued
use
of
names
(EAGGF) (
that are generic should be clarified so that generic

1 ).
terms that are similar to or form part of a name or
term that is protected or reserved should retain their
generic status.
(46) The
added
value
of
the
geographical
indications
and
traditional specialities guaranteed is based on consumer
trust. It is only credible if accompanied by effective verifi
cation and controls. Those quality schemes should be
(53) The
date
for
establishing
the
seniority
of
a
trade
mark
subject to a monitoring system of official controls, in
and of a designation of origin or a geographical indi
line with the principles set out in Regulation (EC) No
cation should be that of the date of application of the
882/2004 of the European Parliament and of the
trade mark for registration in the Union or in the
Council of 29 April 2004 on official controls
Member States and the date of application for protection
performed to ensure the verification of compliance
of a designation of origin or a geographical indication to
with feed and food law, animal health and animal
the Commission.
welfare rules ( 2 ), and should include a system of checks
at all stages of production, processing and distribution. In
order to help Member States to better apply provisions of
Regulation (EC) No 882/2004 for the controls of
(54) The
provisions
dealing
with
the
refusal
or
coexistence
of
geographical indications and traditional specialities guar
a designation of origin or a geographical indication on
anteed, references to the most relevant articles should be
the ground of conflict with a prior trade mark should
mentioned in this Regulation.
continue to apply.

(47) To guarantee to the consumer the specific characteristics
(55) The
criteria
by
which
subsequent
trade
marks
should
be
of geographical indications and traditional specialities
refused or, if registered, invalidated on the ground that
guaranteed, operators should be subject to a system
they conflict with a prior designation of origin or
that verifies compliance with the product specification.
geographical indication should correspond to the scope
of protection of designation of origin or a geographical
indication laid down.
(48) In
order
to
ensure
that
they
are
impartial
and
effective,
the competent authorities should meet a number of oper
ational criteria. Provisions on delegating some
(56) The provisions of systems establishing intellectual
competences of performing specific control tasks to
property rights, and particularly of those established by
control bodies should be envisaged.
the quality scheme for designations of origin and
geographical indications or those established under
trade mark law, should not be affected by the reservation
(49) European
standards
(EN standards)
developed
by
the
of names and the establishment of indications and
European Committee for Standardisation (CEN) and
symbols pursuant to the quality schemes for traditional
specialities guaranteed and for optional quality terms.
( 1 ) OJ L 160, 26.6.1999, p. 80.
( 2 ) OJ L 165, 30.4.2004, p. 1.
( 3 ) OJ L 218, 13.8.2008, p. 30.

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(57) The
role
of
groups
should
be
clarified
and
recognised.
No 1290/2005 of 21 June 2005 on the financing of the
Groups play an essential role in the application process
common agricultural policy ( 2 ).
for the registration of names of designations of origin
and geographical indications and traditional specialities
guaranteed, as well as in the amendment of specifications
and cancellation requests. The group can also develop
activities related to the surveillance of the enforcement
(61) The
registration
procedure
for
protected
designations
of
of the protection of the registered names, the compliance
origin, protected geographical indications and traditional
of the production with the product specification, the
specialities guaranteed, including the scrutiny and the
information and promotion of the registered name as
opposition periods, should be shortened and improved,
well as, in general, any activity aimed at improving the
in particular as regards decision making. The
value of the registered names and effectiveness of the
Commission, in certain circumstances acting with the
quality schemes. Moreover, it should monitor the
assistance of Member States, should be responsible for
position of the products on the market. Nevertheless,
decision-making on registration. Procedures should be
these activities should not facilitate nor lead to anti-
laid down to allow the amendment of product specifi
competitive conduct incompatible with Articles 101
cations after registration and the cancellation of
and 102 of the Treaty.
registered names, in particular if the product no longer
complies with the corresponding product specification or
if a name is no longer used in the market place.
(58) To ensure that registered names of designations of origin
and geographical indications and traditional specialities
(62) In
order
to
facilitate
cross-border
applications
for
joint
guaranteed meet the conditions laid down by this Regu
registration of protected designations of origin, protected
lation, applications should be examined by the national
geographical indications or traditional specialities guar
authorities of the Member State concerned, in
anteed, provision should be made for appropriate
compliance with minimum common provisions,
procedures.
including a national opposition procedure. The
Commission should subsequently scrutinise applications
to ensure that there are no manifest errors and that
Union law and the interests of stakeholders outside the
Member State of application have been taken into
(63) In
order
to
supplement
or
amend
certain
non-essential
account.
elements of this Regulation, the power to adopt acts in
accordance with Article 290 of the Treaty should be
delegated to the Commission in respect of supplementing
the list of products set out in Annex I to this Regulation;
establishing the restrictions and derogations with regard
to the sourcing of feed in the case of a designation of
origin; establishing restrictions and derogations with
(59) Registration
as
designations
of
origin,
geographical
indi
regard to the slaughtering of live animals or with
cations and traditional specialities guaranteed should be
regard to the sourcing of raw materials; laying down
open to names that relate to products originating in third
rules which limit the information contained in the
countries and that satisfy the conditions laid down by
product specification; establishing the Union symbols;
this Regulation.
laying down additional transitional rules in order to
protect the rights and legitimate interests of producers
or stakeholders concerned; laying down further details on
the eligibility criteria for the names of traditional
specialities guaranteed; laying down detailed rules
relating to the criteria for optional quality terms;
(60) The
symbols,
indications
and
abbreviations
identifying
reserving an additional optional quality term, laying
participation in a quality scheme, and the rights therein
down its conditions of use and amending those
pertaining to the Union, should be protected in the
conditions; laying down derogations to the use of the
Union as well as in third countries with the aim of
term ‘mountain product’ and establishing the methods
ensuring that they are used on genuine products and
of production, and other criteria relevant for the appli
that consumers are not misled as to the qualities of
cation of that optional quality term, in particular, laying
products. Furthermore, in order for the protection to
down the conditions under which raw materials or feed
be effective, the Commission should have recourse to
stuffs are permitted to come from outside the mountain
reasonable budget resources on a centralised basis
areas; laying down additional rules for determining the
within the framework of Council Regulation (EC) No
generic status of terms in the Union; laying down rules
1698/2005 of 20 September 2005 on support for
for determining the use of the name of a plant variety or
rural development by the European Agricultural Fund
of an animal breed; defining the rules for carrying out
for Rural Development (EAFRD) ( 1 ) and in accordance
the national objection procedure for joint applications
with Article 5 of Council Regulation (EC)
concerning more than one national territory; and for
( 1 ) OJ L 277, 21.10.2005, p. 1.
( 2 ) OJ L 209, 11.8.2005, p. 1.

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complementing the rules of the application process, the
HAVE ADOPTED THIS REGULATION:
opposition process, the amendment application process
and the cancellation process in general. It is of particular
importance that the Commission carry out appropriate
TITLE I
consultations during its preparatory work, including at
GENERAL PROVISIONS
expert level. The Commission, when preparing and
drawing up delegated acts, should ensure a simultaneous,
Article 1
timely and appropriate transmission of relevant
Objectives
documents to the European Parliament and to the
Council.
1. This
Regulation
aims
to
help
producers
of
agricultural
products and foodstuffs to communicate the product character
istics and farming attributes of those products and foodstuffs to
buyers and consumers, thereby ensuring:
(64) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation, implementing powers should be
conferred on the Commission as regards laying down
(a) fair competition for farmers and producers of agricultural
rules on the form of the product specification; laying
products and foodstuffs having value-adding characteristics
down detailed rules on the form and content of the
and attributes;
register of protected designations of origin and
protected geographical indications; defining the
technical characteristics of the Union symbols and indi
(b) the availability to consumers of reliable information
cations as well as the rules on their use on products,
pertaining to such products;
including the appropriate linguistic versions to be used;
granting and extending transitional periods for temporary
(c) respect for intellectual property rights; and
derogations for use of protected designations of origin
and protected geographical indication; laying down
detailed rules on the form and content of the register
(d) the integrity of the internal market.
of traditional specialities guaranteed; laying down rules
for the protection of traditional specialities guaranteed;
laying down all measures relating to forms, procedures
The measures set out in this Regulation are intended to support
and other technical details for the application of Title IV;
agricultural and processing activities and the farming systems
laying down rules for the use of optional quality terms;
associated with high quality products, thereby contributing to
laying down rules for the uniform protection of indi
the achievement of rural development policy objectives.
cations, abbreviations and symbols referring to the
quality schemes; laying down detailed rules on the
2. This
Regulation
establishes
quality
schemes
which
provide
procedure, form and presentation of applications for
the basis for the identification and, where appropriate,
registration and of oppositions; rejecting the application;
protection of names and terms that, in particular, indicate or
deciding on the registration of a name if an agreement
describe agricultural products with:
has not been reached; laying down detailed rules on the
procedure, form and presentation of an amendment
application; cancelling the registration of a protected
(a) value-adding characteristics; or
designation of origin, a protected geographical indication
or a traditional speciality guaranteed; and laying down
detailed rules on the procedure and form of the cancel
(b) value-adding attributes as a result of the farming or
lation process and on the presentation of the requests for
processing methods used in their production, or of the
cancellation. Those powers should be exercised in
place of their production or marketing.
accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council of 16 February
Article 2
2011 laying down the rules and general principles
concerning mechanisms for control by Member States
Scope
of the Commission’s exercise of implementing powers ( 1 ).
1. This
Regulation
covers
agricultural
products
intended
for
human consumption listed in Annex I to the Treaty and other
agricultural products and foodstuffs listed in Annex I to this
(65) In
respect
of
establishing
and
maintaining
registers
of
Regulation.
protected designations of origin, protected geographical
indications and traditional specialties guaranteed,
recognised under this scheme; defining the means by
In order to take into account international commitments or
which the name and address of product certification
new production methods or material, the Commission shall
bodies are to be made public; and registering a name if
be empowered to adopt delegated acts, in accordance with
there is no notice of opposition or no admissible
Article 56, supplementing the list of products set out in
reasoned statement of opposition or in the case there
Annex I to this Regulation. Such products shall be closely
is one the agreement has been reached, the Commission
linked to agricultural products or to the rural economy.
should be empowered to adopt implementing acts
without applying Regulation (EU) No 182/2011,
2.
This Regulation shall not apply to spirit drinks, aromatised
wines or grapevine products as defined in Annex XIb to Regu
( 1 ) OJ L 55, 28.2.2011, p. 13.
lation (EC) No 1234/2007, with the exception of wine-vinegars.

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3. This
Regulation
shall
apply
without
prejudice
to
other
TITLE II
specific Union provisions relating to the placing of products
on the market and, in particular, to the single common organi
PROTECTED DESIGNATIONS OF ORIGIN AND PROTECTED
sation of the markets, and to food labelling.
GEOGRAPHICAL INDICATIONS
Article 4
Objective
4. Directive 98/34/EC of the European Parliament and of the
Council of 22 June 1998 laying down a procedure for the
A scheme for protected designations of origin and protected
provision of information in the field of technical standards
geographical indications is established in order to help
and regulations and of rules on Information Society services ( 1 )
producers of products linked to a geographical area by:
shall not apply to the quality schemes established by this Regu
lation.
(a) securing fair returns for the qualities of their products;
Article 3
(b) ensuring uniform protection of the names as an intellectual
property right in the territory of the Union;
Definitions
For the purposes of this Regulation the following definitions
(c) providing clear information on the value-adding attributes
shall apply:
of the product to consumers.
(1) ‘quality schemes’ means the schemes established under Titles
Article 5
II, III and IV;
Requirements for designations of origin and geographical
indications
1. For the purpose of this Regulation, ‘designation of origin’
(2) ‘group’ means any association, irrespective of its legal form,
is a name which identifies a product:
mainly composed of producers or processors working with
the same product;
(a) originating in a specific place, region or, in exceptional
cases, a country;
(3) ‘traditional’ means proven usage on the domestic market for
a period that allows transmission between generations; this
(b) whose quality or characteristics are essentially or exclusively
period is to be at least 30 years;
due to a particular geographical environment with its
inherent natural and human factors; and
(4) ‘labelling’ means any words, particulars, trade marks, brand
(c) the production steps of which all take place in the defined
name, pictorial matter or symbol relating to a foodstuff and
geographical area.
placed on any packaging, document, notice, label, ring or
collar accompanying or referring to such foodstuff;
2. For
the
purpose
of
this
Regulation,
‘geographical
indi
cation’ is a name which identifies a product:
(5) ‘specific character’ in relation to a product means the char
acteristic production attributes which distinguish a product
(a) originating in a specific place, region or country;
clearly from other similar products of the same category;
(b) whose given quality, reputation or other characteristic is
essentially attributable to its geographical origin; and
(6) ‘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
(c) at least one of the production steps of which take place in
become the common name of a product in the Union;
the defined geographical area.
3. Notwithstanding
paragraph
1,
certain
names
shall
be
(7) ‘production step’ means production, processing or prep
treated as designations of origin even though the raw
aration;
materials for the products concerned come from a geographical
area larger than, or different from, the defined geographical
area, provided that:
(8) ‘processed products’ means foodstuffs resulting from the
processing of unprocessed products. Processed products
may contain ingredients that are necessary for their manu
(a) the production area of the raw materials is defined;
facture or to give them specific characteristics.
(b) special conditions for the production of the raw materials
( 1 ) OJ L 204, 21.7.1998, p. 37.
exist;

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14.12.2012 Official
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(c) there are control arrangements to ensure that the conditions
where, in the light of a trade mark’s reputation and renown
referred to in point (b) are adhered to; and
and the length of time it has been used, registration of the name
proposed as the designation of origin or geographical indication
would be liable to mislead the consumer as to the true identity
(d) the designations of origin in question were recognised as
of the product.
designations of origin in the country of origin before 1 May
2004.
Article 7
Only live animals, meat and milk may be considered as raw
Product specification
materials for the purposes of this paragraph.
1. A protected designation of origin or a protected
geographical indication shall comply with a specification
4. In
order
to
take
into
account
the
specific
character
of which shall include at least:
production of products of animal origin, the Commission
shall be empowered to adopt delegated acts, in accordance
with Article 56, concerning restrictions and derogations with
(a) the name to be protected as a designation of origin or
regard to the sourcing of feed in the case of a designation of
geographical indication, as it is used, whether in trade or
origin.
in common language, and only in the languages which are
or were historically used to describe the specific product in
the defined geographical area;
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
(b) a description of the product, including the raw materials, if
Article 56, concerning restrictions and derogations with
appropriate, as well as the principal physical, chemical,
regard to the slaughtering of live animals or with regard to
microbiological or organoleptic characteristics of the
the sourcing of raw materials.
product;
These restrictions and derogations shall, based on objective
(c) the definition of the geographical area delimited with regard
criteria, take into account quality or usage and recognised
to the link referred to in point (f)(i) or (ii) of this paragraph,
know-how or natural factors.
and, where appropriate, details indicating compliance with
the requirements of Article 5(3);
Article 6
Generic nature, conflicts with names of plant varieties and
(d) evidence that the product originates in the defined
animal breeds, with homonyms and trade marks
geographical area referred to in Article 5(1) or (2);
1. Generic
terms
shall
not
be
registered
as
protected
desig
nations of origin or protected geographical indications.
(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
2. A
name
may
not
be
registered
as
a
designation
of
origin
the applicant group so determines and gives sufficient
or geographical indication where it conflicts with a name of a
product-specific justification as to why the packaging must
plant variety or an animal breed and is likely to mislead the
take place in the defined geographical area to safeguard
consumer as to the true origin of the product.
quality, to ensure the origin or to ensure control, taking
into account Union law, in particular that on the free
3. A
name
proposed
for
registration
that
is
wholly
or
movement of goods and the free provision of services;
partially homonymous with a name already entered in the
register established under Article 11 may not be registered
unless there is sufficient distinction in practice between the
(f) details establishing the following:
conditions of local and traditional usage and presentation of
the homonym registered subsequently and the name already
entered in the register, taking into account the need to ensure
(i) the link between the quality or characteristics of the
equitable treatment of the producers concerned and that
product and the geographical environment referred to
consumers are not misled.
in Article 5(1); or
A homonymous name which misleads the consumer into
(ii) where appropriate, the link between a given quality, the
believing that products come from another territory shall not
reputation or other characteristic of the product and the
be registered even if the name is accurate as far as the actual
geographical origin referred to in Article 5(2);
territory, region or place of origin of the products in question is
concerned.
(g) the name and address of the authorities or, if available, the
name and address of bodies verifying compliance with the
4. A
name
proposed
for
registration
as
a
designation
of
provisions of the product specification pursuant to
origin or geographical indication shall not be registered
Article 37 and their specific tasks;

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(h) any specific labelling rule for the product in question.
Article 9
Transitional national protection
2. In
order
to
ensure
that
product
specifications
provide
relevant and succinct information, the Commission shall be
A Member State may, on a transitional basis only, grant
empowered to adopt delegated acts, in accordance with
protection to a name under this Regulation at national level,
Article 56, laying down rules which limit the information
with effect from the date on which an application is lodged
contained in the specification referred to in paragraph 1 of
with the Commission.
this Article, where such a limitation is necessary to avoid
excessively voluminous applications for registration.
Such national protection shall cease on the date on which either
a decision on registration under this Regulation is taken or the
The Commission may adopt implementing acts laying down
application is withdrawn.
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).
Where a name is not registered under this Regulation, the
consequences of such national protection shall be the sole
Article 8
responsibility of the Member State concerned.
Content of application for registration
1. An application for registration of a designation of origin
The measures taken by Member States under the first paragraph
or geographical indication pursuant to Article 49(2) or (5) shall
shall produce effects at national level only, and they shall have
include at least:
no effect on intra-Union or international trade.
(a) the name and address of the applicant group and of the
Article 10
authorities or, if available, bodies verifying compliance with
the provisions of the product specification;
Grounds for opposition
1. A
reasoned
statement
of
opposition
as
referred
to
in
(b) the product specification provided for in Article 7;
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:
(c) a single document setting out the following:
(i) the main points of the product specification: the name,
(a) shows that the conditions referred to in Article 5 and
a description of the product, including, where appro
Article 7(1) are not complied with;
priate, specific rules concerning packaging and labelling,
and a concise definition of the geographical area;
(b) shows that the registration of the name proposed would be
(ii) a description of the link between the product and the
contrary to Article 6(2), (3) or (4);
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
(c) shows that the registration of the name proposed would
the product description or production method justifying
jeopardise the existence of an entirely or partly identical
the link.
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
An application as referred to in Article 49(5) shall, in addition,
in point (a) of Article 50(2); or
include proof that the name of the product is protected in its
country of origin.
(d) gives details from which it can be concluded that the name
2. An
application
dossier
referred
to
in
Article
49(4)
shall
for which registration is requested is a generic term.
comprise:
2. The
grounds
for
opposition
shall
be
assessed
in
relation
to
(a) the name and address of the applicant group;
the territory of the Union.
(b) the single document referred to in point (c) of paragraph 1
of this Article;
Article 11
Register of protected designations of origin and protected
(c) a declaration by the Member State that it considers that the
geographical indications
application lodged by the applicant group and qualifying for
1. The
Commission
shall
adopt
implementing
acts,
without
the favourable decision meets the conditions of this Regu
applying the procedure referred to in Article 57(2), establishing
lation and the provisions adopted pursuant thereto;
and maintaining a publicly accessible updated register of
protected designations of origin and protected geographical
(d) the publication reference of the product specification.
indications recognised under this scheme.

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2. Geographical
indications
pertaining
to
products
of
third empowered to adopt delegated acts, in accordance with
countries that are protected in the Union under an international
Article 56, establishing the Union symbols.
agreement to which the Union is a contracting party may be
entered in the register. Unless specifically identified in the said
agreement as protected designations of origin under this Regu
The Commission may adopt implementing acts defining the
lation, such names shall be entered in the register as protected
technical characteristics of the Union symbols and indications
geographical 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
3. The
Commission
may
adopt
implementing
acts
laying versions to be used. Those implementing acts shall be adopted
down detailed rules on the form and content of the register.
in accordance with the examination procedure referred to in
Those implementing acts shall be adopted in accordance with
Article 57(2).
the examination procedure referred to in Article 57(2).
Article 13
4. The
Commission
shall
make
public
and
regularly
update
the list of the international agreements referred to in paragraph
Protection
2 as well as the list of geographical indications protected under
1. Registered
names
shall
be
protected
against:
those agreements.
(a) any direct or indirect commercial use of a registered name
Article 12
in respect of products not covered by the registration where
Names, symbols and indications
those products are comparable to the products registered
under that name or where using the name exploits the
1. Protected designations of origin and protected
reputation of the protected name, including when those
geographical indications may be used by any operator
products are used as an ingredient;
marketing a product conforming to the corresponding specifi
cation.
(b) any misuse, imitation or evocation, even if the true origin of
the products or services is indicated or if the protected
2. Union
symbols
designed
to
publicise
protected
desig
name is translated or accompanied by an expression such
nations of origin and protected geographical indications shall
as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or
be established.
similar, including when those products are used as an
ingredient;
3. In the case of products originating in the Union that are
marketed under a protected designation of origin or a protected
(c) any other false or misleading indication as to the prov
geographical indication registered in accordance with the
enance, origin, nature or essential qualities of the product
procedures laid down in this Regulation, the Union symbols
that is used on the inner or outer packaging, advertising
associated with them shall appear on the labelling. In
material or documents relating to the product concerned,
addition, the registered name of the product should appear in
and the packing of the product in a container liable to
the same field of vision. The indications ‘protected designation
convey a false impression as to its origin;
of origin’ or ‘protected geographical indication’ or the
corresponding abbreviations ‘PDO’ or ‘PGI’ may appear on the
labelling.
(d) any other practice liable to mislead the consumer as to the
true origin of the product.
4. In
addition,
the
following
may
also
appear
on
the
labelling: depictions of the geographical area of origin, as
Where a protected designation of origin or a protected
referred to in Article 5, and text, graphics or symbols
geographical indication contains within it the name of a
referring to the Member State and/or region in which that
product which is considered to be generic, the use of that
geographical area of origin is located.
generic name shall not be considered to be contrary to points
(a) or (b) of the first subparagraph.
5. Without
prejudice
to
Directive
2000/13/EC,
the
collective
geographical marks referred to in Article 15 of Directive
2. Protected designations of origin and protected
2008/95/EC may be used on labels, together with the
geographical indications shall not become generic.
protected designation of origin or protected geographical indi
cation.
3. Member
States
shall
take
appropriate
administrative
and
judicial steps to prevent or stop the unlawful use of protected
6. In
the
case
of
products
originating
in
third
countries designations of origin and protected geographical indications, as
marketed under a name entered in the register, the indications
referred to in paragraph 1, that are produced or marketed in
referred to in paragraph 3 or the Union symbols associated with
that Member State.
them may appear on the labelling.
To that end Member States shall designate the authorities that
7. In
order
to
ensure
that
the
appropriate
information
is are responsible for taking these steps in accordance with
communicated to the consumer, the Commission shall be
procedures determined by each individual Member State.

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These authorities shall offer adequate guarantees of objectivity
date of the publication provided for point (a) of
and impartiality, and shall have at their disposal the qualified
Article 50(2).
staff and resources necessary to carry out their functions.
Those implementing acts shall be adopted in accordance with
Article 14
the examination procedure referred to in Article 57(2).
Relations between trade marks, designations of origin and
geographical indications
2. Without
prejudice
to
Article
14,
the
Commission
may
adopt implementing acts extending the transitional period
1. Where
a
designation
of
origin
or
a
geographical
indication mentioned in paragraph 1 of this Article to 15 years in duly
is registered under this Regulation, the registration of a trade
justified cases where it is shown that:
mark the use of which would contravene Article 13(1) and
which relates to a product of the same type shall be refused
if the application for registration of the trade mark is submitted
(a) the designation referred to in paragraph 1 of this Article has
after the date of submission of the registration application in
been in legal use consistently and fairly for at least 25 years
respect of the designation of origin or the geographical indi
before the application for registration was submitted to the
cation to the Commission.
Commission;
Trade marks registered in breach of the first subparagraph shall
(b) the purpose of using the designation referred to in
be invalidated.
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
The provisions of this paragraph shall apply notwithstanding
misled as to the true origin of the product.
the provisions of Directive 2008/95/EC.
Those implementing acts shall be adopted in accordance with
2. Without
prejudice
to
Article
6(4),
a
trade
mark
the
use
of the examination procedure referred to in Article 57(2).
which contravenes Article 13(1) which has been applied for,
registered, or established by use if that possibility is provided
3. When
using
a
designation
referred
to
in
paragraphs
1
and
for by the legislation concerned, in good faith within the
2, the indication of country of origin shall clearly and visibly
territory of the Union, before the date on which the application
appear on the labelling.
for protection of the designation of origin or geographical indi
cation is submitted to the Commission, may continue to be
used and renewed for that product notwithstanding the regis
4. To
overcome
temporary
difficulties
with
the
long-term
tration of a designation of origin or geographical indication,
objective of ensuring that all producers in the area concerned
provided that no grounds for its invalidity or revocation exist
comply with the specification, a Member State may grant a
under Council Regulation (EC) No 207/2009 of 26 February
transitional period of up to 10 years, with effect from the
2009 on the Community trade mark ( 1 ) or under Directive
date on which the application is lodged with the Commission,
2008/95/EC. In such cases, the use of the protected designation
on condition that the operators concerned have legally
of origin or protected geographical indication shall be permitted
marketed the products in question, using the names
as well as use of the relevant trade marks.
concerned continuously for at least the five years prior to the
lodging of the application to the authorities of the Member
State and have made that point in the national opposition
Article 15
procedure referred to in Article 49(3).
Transitional periods for use of protected designations of
origin and protected geographical indications
The first subparagraph shall apply mutatis mutandis to a
1. Without prejudice to Article 14, the Commission may
protected geographical indication or protected designation of
adopt implementing acts granting a transitional period of up
origin referring to a geographical area situated in a third
to five years to enable products originating in a Member State
country, with the exception of the opposition procedure.
or a third country the designation of which consists of or
contains a name that contravenes Article 13(1) to continue to
Such transitional periods shall be indicated in the application
use the designation under which it was marketed on condition
dossier referred to in Article 8(2).
that an admissible statement of opposition under Article 49(3)
or Article 51 shows that:
Article 16
(a) the registration of the name would jeopardise the existence
Transitional provisions
of an entirely or partly identical name; or
1. Names entered in the register provided for in Article 7(6)
of Regulation (EC) No 510/2006 shall automatically be entered
in the register referred to in Article 11 of this Regulation. The
(b) such products have been legally marketed with that name in
corresponding specifications shall be deemed to be the specifi
the territory concerned for at least five years preceding the
cations referred to in Article 7 of this Regulation. Any specific
transitional provisions associated with such registrations shall
( 1 ) OJ L 78, 24.3.2009, p. 1.
continue to apply.

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2. In
order
to
protect
the
rights
and
legitimate
interests
of
5. In order to ensure the smooth functioning of the scheme,
producers or stakeholders concerned, the Commission shall be
the Commission shall be empowered to adopt delegated acts, in
empowered to adopt delegated acts, in accordance with
accordance with Article 56, concerning further details of the
Article 56, concerning additional transitional rules.
eligibility criteria laid down in this Article.
3. This
Regulation
shall
apply
without
prejudice
to
any
right
Article 19
of coexistence recognised under Regulation (EC) No 510/2006
Product specification
in respect of designations of origin and geographical indications,
on the one hand, and trade marks, on the other.
1. A
traditional
speciality
guaranteed
shall
comply
with
a
specification which shall comprise:
TITLE III
(a) the name proposed for registration, in the appropriate
TRADITIONAL SPECIALITIES GUARANTEED
language versions;
Article 17
(b) a description of the product including its main physical,
Objective
chemical, microbiological or organoleptic characteristics,
A scheme for traditional specialities guaranteed is established to
showing the product’s specific character;
safeguard traditional methods of production and recipes by
helping producers of traditional product in marketing and
(c) a description of the production method that the producers
communicating the value-adding attributes of their traditional
must follow, including, where appropriate, the nature and
recipes and products to consumers.
characteristics of the raw materials or ingredients used, and
the method by which the product is prepared; and
Article 18
Criteria
(d) the key elements establishing the product’s traditional char
acter.
1. A
name
shall
be
eligible
for
registration
as
a
traditional
speciality guaranteed where it describes a specific product or
foodstuff that:
2. In
order
to
ensure
that
product
specifications
provide
relevant and succinct information, the Commission shall be
empowered to adopt delegated acts, in accordance with
(a) results from a mode of production, processing or
Article 56, laying down rules which limit the information
composition corresponding to traditional practice for that
contained in the specification referred to in paragraph 1 of
product or foodstuff; or
this Article, where such a limitation is necessary to avoid
excessively voluminous applications for registration.
(b) is produced from raw materials or ingredients that are those
traditionally used.
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
2. For a name to be registered as a traditional speciality
procedure referred to in Article 57(2).
guaranteed, it shall:
Article 20
(a) have been traditionally used to refer to the specific product;
Content of application for registration
or
1. An
application
for
registration
of
a
name
as
a
traditional
speciality guaranteed referred to in Article 49(2) or (5) shall
(b) identify the traditional character or specific character of the
comprise:
product.
(a) the name and address of the applicant group;
3. If
it
is
demonstrated
in
the
opposition
procedure
under
Article 51 that the name is also used in another Member State
(b) the product specification as provided for in Article 19.
or in a third country, in order to distinguish comparable
products or products that share an identical or similar name,
the decision on registration taken in accordance with
2. An
application
dossier
referred
to
in
Article
49(4)
shall
Article 52(3) may provide that the name of the traditional
comprise:
speciality guaranteed is to be accompanied by the claim ‘made
following the tradition of’ immediately followed by the name of
(a) the elements referred to in paragraph 1 of this Article; and
a country or a region thereof.
(b) a declaration by the Member State that it considers that the
4. A
name
may
not
be
registered
if
it
refers
only
to
claims
of
application lodged by the group and qualifying for the
a general nature used for a set of products, or to claims
favourable decision meets the conditions of this Regulation
provided for by particular Union legislation.
and the provisions adopted pursuant thereto.

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Article 21
acts shall be adopted in accordance with the examination
procedure referred to in Article 57(2).
Grounds for opposition
1. A
reasoned
statement
of
opposition
as
referred
to
in
Article 24
Article 51(2) shall be admissible only if it is received by the
Commission before expiry of the time limit and if it:
Restriction on use of registered names
1. Registered
names
shall
be
protected
against
any
misuse,
(a) gives duly substantiated reasons why the proposed regis
imitation or evocation, or against any other practice liable to
tration is incompatible with the terms of this Regulation; or
mislead the consumer.
(b) shows that use of the name is lawful, renowned and econ
omically significant for similar agricultural products or
2. Member
States
shall
ensure
that
sales
descriptions
used
at
foodstuffs.
national level do not give rise to confusion with names that are
registered.
2. The
criteria
referred
to
in
point
(b)
of
paragraph
1
shall
be
assessed in relation to the territory of the Union.
3. The
Commission
may
adopt
implementing
acts
laying
down rules for the protection of traditional specialities guar
Article 22
anteed. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 57(2).
Register of traditional specialities guaranteed
1. The
Commission
shall
adopt
implementing
acts,
without
Article 25
applying the procedure referred to in Article 57(2), establishing
and maintaining a publicly accessible updated register of tradi
Transitional provisions
tional specialties guaranteed recognised under this scheme.
1. Names
registered
in
accordance
with
Article
13(2)
of
Regulation (EC) No 509/2006 shall be automatically entered
2. The
Commission
may
adopt
implementing
acts
laying in the register referred to in Article 22 of this Regulation.
down detailed rules on the form and content of the register.
The corresponding specifications shall be deemed to be the
Those implementing acts shall be adopted in accordance with
specifications referred to in Article 19 of this Regulation. Any
the examination procedure referred to in Article 57(2).
specific transitional provisions associated with such registrations
shall continue to apply.
Article 23
Names, symbol and indication
2. Names
registered
in
accordance
with
the
requirements
laid
down in Article 13(1) of Regulation (EC) No 509/2006,
1. A
name
registered
as
a
traditional
speciality
guaranteed including those registered pursuant to applications referred to
may be used by any operator marketing a product that
in the second subparagraph of Article 58(1) of this Regulation,
conforms to the corresponding specification.
may continue to be used under the conditions provided for in
Regulation (EC) No 509/2006 until 4 January 2023 unless
2. A
Union
symbol
shall
be
established
in
order
to
publicise Member States use the procedure set out in Article 26 of this
the traditional specialities guaranteed.
Regulation.
3. In the case of the products originating in the Union that
3. In
order
to
protect
the
rights
and
legitimate
interests
of
are marketed under a traditional speciality guaranteed that is
producers or stakeholders concerned, the Commission shall be
registered in accordance with this Regulation, the symbol
empowered to adopt delegated acts, in accordance with
referred to in paragraph 2 shall, without prejudice to
Article 56, laying down additional transitional rules.
paragraph 4, appear on the labelling. In addition, the name of
the product should appear in the same field of vision. The
indication ‘traditional speciality guaranteed’ or the
Article 26
corresponding abbreviation ‘TSG’ may also appear on the
Simplified procedure
labelling.
1.
At the request of a group, a Member State may submit, no
later than 4 January 2016, to the Commission names of tradi
The symbol shall be optional on the labelling of traditional
tional specialities guaranteed that are registered in accordance
specialities guaranteed which are produced outside the Union.
with Article 13(1) of Regulation (EC) No 509/2006 and that
comply with this Regulation.
4. In
order
to
ensure
that
the
appropriate
information
is
communicated to the consumer, the Commission shall be
empowered to adopt delegated acts, in accordance with
Before submitting a name, the Member State shall initiate an
Article 56, establishing the Union symbol.
opposition procedure as defined in Article 49(3) and (4).
The Commission may adopt implementing acts defining the
If it is demonstrated in the course of this procedure that the
technical characteristics of the Union symbol and indication,
name is also used in reference to comparable products or
as well as the rules of their use on the products bearing the
products that share an identical or similar name, the name
name of a traditional speciality guaranteed, including as to the
may be complemented by a term identifying its traditional or
appropriate linguistic versions to be used. Those implementing
specific character.

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A group from a third country may submit such names to the
4. In
order
to
take
into
account
the
specific
character
of
Commission, either directly or through the authorities of the
certain sectors as well as consumer expectations, the
third country.
Commission shall be empowered to adopt delegated acts, in
accordance with Article 56, laying down detailed rules
relating to the criteria referred to in paragraph 1 of this Article.
2. The
Commission
shall
publish
the
names
referred
to
in
paragraph 1 together with the specifications for each such name
in the Official Journal of the European Union within two months
5. The
Commission
may
adopt
implementing
acts
laying
from reception.
down all measures related to forms, procedures or other
technical details, necessary for the application of this Title.
3. Articles
51
and
52
shall
apply.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 57(2).
4. Once the opposition procedure has finished, the
Commission shall, where appropriate, adjust the entries in the
6. When
adopting
delegated
and
implementing
acts
in
register set out in Article 22. The corresponding specifications
accordance with paragraphs 4 and 5 of this Article, the
shall be deemed to be the specifications referred to in
Commission shall take account of any relevant international
Article 19.
standards.
TITLE IV
Article 30
OPTIONAL QUALITY TERMS
Reservation and amendment
Article 27
1. In order to take account of the expectations of consumers,
Objective
developments in scientific and technical knowledge, the market
situation, and developments in marketing standards and in
A scheme for optional quality terms is established in order to
international standards, the Commission shall be empowered
facilitate the communication within the internal market of the
to adopt delegated acts, in accordance with Article 56,
value-adding characteristics or attributes of agricultural products
reserving an additional optional quality term and laying down
by the producers thereof.
its conditions of use.
Article 28
2. In duly justified cases and in order to take into account
National Rules
the appropriate use of the additional optional quality term, the
Commission shall be empowered to adopt delegated acts, in
Member States may maintain national rules on optional quality
accordance with Article 56, laying down amendments to the
terms which are not covered by this Regulation, provided that
conditions of use referred to in paragraph 1 of this Article.
such rules comply with Union law.
Article 31
Article 29
Mountain product
Optional quality terms
1. The
term
‘mountain
product’
is
established
as
an
optional
1. Optional
quality
terms
shall
satisfy
the
following
criteria:
quality term.
(a) the term relates to a characteristic of one or more categories
of products, or to a farming or processing attribute which
This term shall only be used to describe products intended for
applies in specific areas;
human consumption listed in Annex I to the Treaty in respect
of which:
(b) the use of the term adds value to the product as compared
to products of a similar type; and
(a) both the raw materials and the feedstuffs for farm animals
come essentially from mountain areas;
(c) the term has a European dimension.
(b) in the case of processed products, the processing also takes
2. Optional
quality
terms
that
describe
technical
product
place in mountain areas.
qualities with the purpose of putting into effect compulsory
marketing standards and are not intended to inform
consumers about those product qualities shall be excluded
2. For
the
purposes
of
this
Article,
mountain
areas
within
the
from this scheme.
Union are those delimited pursuant to Article 18(1) of Regu
lation (EC) No 1257/1999. For third-country products,
mountain areas include areas officially designated as mountain
3. Optional
quality
terms
shall
exclude
optional
reserved areas by the third country or that meet criteria equivalent to
terms which support and complement specific marketing
those set out in Article 18(1) of Regulation (EC) No
standards determined on a sectoral or product category basis.
1257/1999.

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3. In
duly
justified
cases
and
in
order
to
take
into
account
TITLE V
natural constraints affecting agricultural production in mountain
areas, the Commission shall be empowered to adopt delegated
COMMON PROVISIONS
acts, in accordance with Article 56, laying down derogations
CHAPTER I
from the conditions of use referred to in paragraph 1 of this
Article. In particular, the Commission shall be empowered to
Official controls of protected designations of origin, protected
adopt a delegated act laying down the conditions under which
geographical indications and traditional specialities guar
raw materials or feedstuffs are permitted to come from outside
anteed
the mountain areas, the conditions under which the processing
Article 35
of products is permitted to take place outside of the mountain
areas in a geographical area to be defined, and the definition of
Scope
that geographical area.
The provisions of this Chapter shall apply in respect of the
quality schemes set out in Title II and Title III.
4. In
order
to
take
into
account
natural
constraints
affecting
agricultural production in mountain areas, the Commission
Article 36
shall be empowered to adopt delegated acts, in accordance
Designation of competent authority
with Article 56, concerning the establishment of the methods
of production, and other criteria relevant for the application of
1. In
accordance
with
Regulation
(EC)
No
882/2004,
the optional quality term established in paragraph 1 of this
Member States shall designate the competent authority or auth
Article.
orities responsible for official controls carried out to verify
compliance with the legal requirements related to the quality
schemes established by this Regulation.
Article 32
Procedures and requirements of Regulation (EC) No 882/2004
Product of island farming
shall apply mutatis mutandis to the official controls carried out to
No later than 4 January 2014 the Commission shall present a
verify compliance with the legal requirement related to the
report to the European Parliament and to the Council on the
quality schemes for all products covered by Annex I to this
case for a new term, ‘product of island farming’. The term may
Regulation.
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
2. The
competent
authorities
referred
to
in
paragraph
1
shall
to be applied to processed products, processing must also take
offer adequate guarantees of objectivity and impartiality, and
place on islands in cases where this substantially affects the
shall have at their disposal the qualified staff and resources
particular characteristics of the final product.
necessary to carry out their functions.
3. Official
controls
shall
cover:
That report shall, if necessary, be accompanied by appropriate
legislative proposals to reserve an optional quality term ‘product
(a) verification that a product complies with the corresponding
of island farming’.
product specification; and
(b) monitoring of the use of registered names to describe
Article 33
product placed on the market, in conformity with Article 13
Restrictions on use
for names registered under Title II and in conformity with
Article 24 for names registered under Title III.
1. An
optional
quality
term
may
only
be
used
to
describe
products that comply with the corresponding conditions of use.
Article 37
Verification of compliance with product specification
2. The
Commission
may
adopt
implementing
acts
laying 1. In respect of protected designations of origin, protected
down rules for the use of optional quality terms. Those imple
geographical indications and traditional specialities guaranteed
menting acts shall be adopted in accordance with the exam
that designate products originating within the Union, verifi
ination procedure referred to in Article 57(2).
cation of compliance with the product specification, before
placing the product on the market, shall be carried out by:
Article 34
(a) one or more of the competent authorities as referred to in
Monitoring
Article 36 of this Regulation; and/or
Member States shall undertake checks, based on a risk analysis,
to ensure compliance with the requirements of this Title and, in
(b) one or more of the control bodies within the meaning of
the event of breach, shall apply appropriate administrative
point (5) of Article 2 of Regulation (EC) No 882/2004
penalties.
operating as a product certification body.

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The costs of such verification of compliance with the specifi
(b) an accreditation body outside the Union that is a signatory
cations may be borne by the operators that are subject to those
of a multilateral recognition arrangement under the auspices
controls. The Member States may also contribute to these costs.
of the International Accreditation Forum.
2. In respect of designations of origin, geographical indi
Article 40
cations and traditional specialities guaranteed that designate
products originating in a third country, the verification of
Planning and reporting of control activities
compliance with the specifications before placing the product
on the market shall be carried out by:
1. Member
States
shall
ensure
that
activities
for
the
control
of obligations under this Chapter are specifically included in a
separate section within the multi-annual national control plans
(a) one or more of the public authorities designated by the
in accordance with Articles 41, 42 and 43 of Regulation (EC)
third country; and/or
No 882/2004.
(b) one or more of the product certification bodies.
2. The
annual
reports
concerning
the
control
of
the
obligations established by this Regulation shall include a
3. Member
States
shall
make
public
the
name
and
address
of separate section comprising the information laid down in
the authorities and bodies referred to paragraph 1 of this
Article 44 of Regulation (EC) No 882/2004.
Article, and update that information periodically.
CHAPTER II
The Commission shall make public the name and address of the
authorities and bodies referred to in paragraph 2 of this Article
Exceptions for certain prior uses
and update that information periodically.
Article 41
Generic terms
4. The
Commission
may
adopt
implementing
acts,
without
applying the procedure referred to in Article 57(2), defining the
1. Without
prejudice
to
Article
13,
this
Regulation
shall
not
means by which the name and address of product certification
affect the use of terms that are generic in the Union, even if the
bodies referred to in paragraphs 1 and 2 of this Article shall be
generic term is part of a name that is protected under a quality
made public.
scheme.
Article 38
2. To
establish
whether
or
not
a
term
has
become
generic,
Surveillance of the use of the name in the market place
account shall be taken of all relevant factors, in particular:
Member States shall inform the Commission of the names and
addresses of the competent authorities referred to in Article 36.
(a) the existing situation in areas of consumption;
The Commission shall make public the names and addresses of
those authorities.
(b) the relevant national or Union legal acts.
Member States shall carry out checks, based on a risk analysis,
to ensure compliance with the requirements of this Regulation
3. In
order
to
fully
protect
the
rights
of
interested
parties,
the
and, in the event of breaches, Member States shall take all
Commission shall be empowered to adopt delegated acts, in
necessary measures.
accordance with Article 56, laying down additional rules for
determining the generic status of terms referred to in
Article 39
paragraph 1 of this Article.
Delegation by competent authorities to control bodies
1. Competent
authorities
may
delegate,
in
accordance
with
Article 42
Article 5 of Regulation (EC) No 882/2004, specific tasks related
Plant varieties and animal breeds
to official controls of the quality schemes to one or more
control bodies.
1. 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
2. Such
control
bodies
shall
be
accredited
in
accordance
with Title II, Title III, or Title IV that contains or comprises the name
European Standard EN 45011 or ISO/IEC Guide 65 (General
of a plant variety or animal breed, provided that the following
requirements for bodies operating product certification systems).
conditions are met:
3. Accreditation
referred
to
in
paragraph
2
of
this
Article
may only be performed by:
(a) the product in question comprises or is derived from the
variety or breed indicated;
(a) a national accreditation body in the Union in accordance
with the provisions of Regulation (EC) No 765/2008; or
(b) consumers are not misled;

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(c) the usage of the name of the variety or breed name
practice liable to mislead the consumer, within the Union and
constitutes fair competition;
in third countries.
(d) the usage does not exploit the reputation of the protected
3. The
Commission
shall
adopt
implementing
acts
laying
term; and
down rules for the uniform protection of the indications,
abbreviations and symbols referred to in paragraph 1 of this
Article. Those implementing acts shall be adopted in accordance
(e) in the case of the quality scheme described in Title II,
with the examination procedure referred to in Article 57(2).
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 45
Role of groups
2. In
order
to
further
clarify
the
extent
of
rights
and
1. Without
prejudice
to
specific
provisions
on
producer
freedoms of food business operators to use the name of a
organisations and inter-branch organisations as laid down in
plant variety or of an animal breed referred to in paragraph 1
Regulation (EC) No 1234/2007, a group is entitled to:
of this Article, the Commission shall be empowered to adopt
delegated acts, in accordance with Article 56, concerning rules
for determining the use of such names.
(a) contribute to ensuring that the quality, reputation and auth
enticity of their products are guaranteed on the market by
monitoring the use of the name in trade and, if necessary,
Article 43
by informing competent authorities as referred to in
Article 36, or any other competent authority within the
Relation to intellectual property
framework of Article 13(3);
The quality schemes described in Titles III and IV shall apply
without prejudice to Union rules or to those of Member States
(b) take action to ensure adequate legal protection of the
governing intellectual property, and in particular to those
protected designation of origin or protected geographical
concerning designations of origin and geographical indications
indication and of the intellectual property rights that are
and trade marks, and rights granted under those rules.
directly connected with them;
CHAPTER III
(c) develop information and promotion activities aiming at
Quality scheme indications and symbols and role of producers
communicating the value-adding attributes of the product
to consumers;
Article 44
Protection of indications and symbols
(d) develop activities related to ensuring compliance of a
1. Indications,
abbreviations
and
symbols
referring
to
the
product with its specification;
quality schemes may only be used in connection with
products produced in conformity with the rules of the quality
(e) take action to improve the performance of the scheme,
scheme to which they apply. This applies in particular to the
including developing economic expertise, carrying out
following indications, abbreviations and symbols:
economic analyses, disseminating economic information
on the scheme and providing advice to producers;
(a) ‘protected designation of origin’, ‘protected geographical
indication’, ‘geographical indication’, ‘PDO’, ‘PGI’, and the
(f) take measures to enhance the value of products and, where
associated symbols, as provided for in Title II;
necessary, take steps to prevent or counter any measures
which are, or risk being, detrimental to the image of those
products.
(b) ‘traditional speciality guaranteed’, ‘TSG’, and the associated
symbol, as provided for in Title III;
2. Member
States
may
encourage
the
formation
and
func
tioning of groups on their territories by administrative means.
(c) ‘mountain product’, as provided for in Title IV.
Moreover, Member States shall communicate to the
Commission the name and address of the groups referred to
in point 2 of Article 3. The Commission shall make this
2. In
accordance
with
Article
5
of
Regulation
(EC)
No information public.
1290/2005, the European Agricultural Fund for Rural Devel
opment (EAFRD) may, on the initiative of the Commission or
on its behalf, finance, on a centralised basis, administrative
Article 46
support concerning the development, preparatory work, moni
Right to use the schemes
toring, administrative and legal support, legal defence, regis
tration fees, renewal fees, trade mark watching fees, litigation
1. Member States shall ensure that any operator complying
fees and any other related measure required to protect the use
with the rules of a quality scheme set out in Titles II and III is
of the indications, abbreviations and symbols referring to the
entitled to be covered by the verification of compliance estab
quality schemes from misuse, imitation, evocation or any other
lished pursuant to Article 37.

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2. Operators
who
prepare
and
store
a
product
marketed 2. Where the application under the scheme set out in Title II
under the traditional speciality guaranteed, protected desig
relates to a geographical area in a Member State, or where an
nation of origin or protected geographical indication schemes
application under the scheme set out in Title III is prepared by a
or who place such products on the market shall also be subject
group established in a Member State, the application shall be
to the controls laid down in Chapter I of this Title.
addressed to the authorities of that Member State.
3. Member States shall ensure that operators willing to
The Member State shall scrutinise the application by appropriate
adhere to the rules of a quality scheme set out in Titles III
means in order to check that it is justified and meets the
and IV are able to do so and do not face obstacles to partici
conditions of the respective scheme.
pation that are discriminatory or otherwise not objectively
founded.
3. As part of the scrutiny referred to in the second
subparagraph of paragraph 2 of this Article, the Member
Article 47
State shall initiate a national opposition procedure that
ensures adequate publication of the application and that
Fees
provides for a reasonable period within which any natural or
Without prejudice to Regulation (EC) No 882/2004 and in
legal person having a legitimate interest and established or
particular the provisions of Chapter VI of Title II thereof,
resident on its territory may lodge an opposition to the appli
Member States may charge a fee to cover their costs of
cation.
managing the quality schemes, including those incurred in
processing applications, statements of opposition, applications
The Member State shall examine the admissibility of
for amendments and requests for cancellations provided for in
oppositions received under the scheme set out in Title II in
this Regulation.
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).
CHAPTER IV
Application and registration processes for designations of
origin, geographical indications, and traditional specialities
4. If,
after
assessment
of
any
opposition
received,
the
guaranteed
Member State considers that the requirements of this Regulation
are met, it may take a favourable decision and lodge an appli
Article 48
cation dossier with the Commission. It shall in such case inform
the Commission of admissible oppositions received from a
Scope of application processes
natural or legal person that have legally marketed the
The provisions of this Chapter shall apply in respect of the
products in question, using the names concerned continuously
quality schemes set out in Title II and Title III.
for at least five years preceding the date of the publication
referred to in paragraph 3.
Article 49
The Member State shall ensure that its favourable decision is
Application for registration of names
made public and that any natural or legal person having a
1. Applications
for
registration
of
names
under
the
quality legitimate interest has an opportunity to appeal.
schemes referred to in Article 48 may only be submitted by
groups who work with the products with the name to be regis
The Member State shall ensure that the version of the product
tered. In the case of a ‘protected designations of origin’ or
specification on which its favourable decision is based, is
‘protected geographical indications’ name that designates a
published, and shall provide electronic access to the product
trans-border geographical area or in the case of a ‘traditional
specification.
specialities guaranteed’ name, several groups from different
Member States or third countries may lodge a joint application
for registration.
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
A single natural or legal person may be treated as a group
on which the Commission takes its decision pursuant to
where it is shown that both of the following conditions are
Article 50(2).
fulfilled:
5. Where the application under the scheme set out in Title II
(a) the person concerned is the only producer willing to submit
relates to a geographical area in a third country, or where an
an application;
application under the scheme set out in Title III is prepared by a
group established in a third country, the application shall be
lodged with the Commission, either directly or via the auth
(b) with regard to protected designations of origin and
orities of the third country concerned.
protected geographical indications, the defined geographical
area possesses characteristics which differ appreciably from
those of neighbouring areas or the characteristics of the
6. The
documents
referred
to
in
this
Article
which
are
sent
product are different from those produced in neighbouring
to the Commission shall be in one of the official languages of
areas.
the Union.

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7. In order to facilitate
the application
process,
the The Commission shall forward the notice of opposition to the
Commission shall be empowered to adopt delegated acts, in
authority or body that lodged the application without delay.
accordance with Article 56, defining the rules for carrying out
the national objection procedure for joint applications
concerning more than one national territory and comple
2. If
a
notice
of
opposition
is
lodged
with
the
Commission
menting the rules of the application process.
and is followed within two months by a reasoned statement of
opposition, the Commission shall check the admissibility of this
reasoned statement of opposition.
The Commission may adopt implementing acts laying down
detailed rules on procedures, form and presentation of appli
cations, including for applications concerning more than one
3. Within
two
months
after
the
receipt
of
an
admissible
national territory. Those implementing acts shall be adopted in
reasoned statement of opposition, the Commission shall invite
accordance with the examination procedure referred to in
the authority or person that lodged the opposition and the
Article 57(2).
authority or body that lodged the application to engage in
appropriate consultations for a reasonable period that shall
Article 50
not exceed three months.
Scrutiny by the Commission and publication for
opposition
The authority or person that lodged the opposition and the
authority or body that lodged the application shall start such
1. The
Commission
shall
scrutinise
by
appropriate
means appropriate consultations without undue delay. They shall
any application that it receives pursuant to Article 49, in
provide each other with the relevant information to assess
order to check that it is justified and that it meets the
whether the application for registration complies with the
conditions of the respective scheme. This scrutiny should not
conditions of this Regulation. If no agreement is reached, this
exceed a period of six months. Where this period is exceeded,
information shall also be provided to the Commission.
the Commission shall indicate in writing to the applicant the
reasons for the delay.
At any time during these three months, the Commission may,
The Commission shall, at least each month, make public the list
at the request of the applicant extend the deadline for the
of names for which registration applications have been
consultations by a maximum of three months.
submitted to it, as well as their date of submission.
4. Where,
following
the
appropriate
consultations
referred
to
2. Where,
based
on
the
scrutiny
carried
out
pursuant
to
the in paragraph 3 of this Article, the details published in
first subparagraph of paragraph 1, the Commission considers
accordance with Article 50(2) have been substantially
that the conditions laid down in this Regulation are fulfilled, it
amended, the Commission shall repeat the scrutiny referred to
shall publish in the Official Journal of the European Union:
in Article 50.
(a) for applications under the scheme set out in Title II, the
5. The
notice
of
opposition,
the
reasoned
statement
of
single document and the reference to the publication of the
opposition and the related documents which are sent to the
product specification;
Commission in accordance with paragraphs 1 to 4 of this
Article shall be in one of the official languages of the Union.
(b) for applications under the scheme set out in Title III, the
specification.
6. In order to establish clear procedures and deadlines for
opposition, the Commission shall be empowered to adopt
Article 51
delegated acts, in accordance with Article 56, complementing
Opposition procedure
the rules of the opposition procedure.
1. Within
three
months
from
the
date
of
publication
in
the
Official Journal of the European Union, the authorities of a
The Commission may adopt implementing acts laying down
Member State or of a third country, or a natural or legal
detailed rules on procedures, form and presentation of the
person having a legitimate interest and established in a third
oppositions. Those implementing acts shall be adopted in
country may lodge a notice of opposition with the Commission.
accordance with the examination procedure referred to in
Article 57(2).
Any natural or legal person having a legitimate interest, estab
lished or resident in a Member State other than that from which
Article 52
the application was submitted, may lodge a notice of opposition
with the Member State in which it is established within a time
Decision on registration
limit permitting an opposition to be lodged pursuant to the first
1. Where,
on
the
basis
of
the
information
available
to
the
subparagraph.
Commission from the scrutiny carried out pursuant to the first
subparagraph of Article 50(1), the Commission considers that
A notice of opposition shall contain a declaration that the
the conditions for registration are not fulfilled, it shall adopt
application might infringe the conditions laid down in this
implementing acts rejecting the application. Those imple
Regulation. A notice of opposition that does not contain this
menting acts shall be adopted in accordance with the exam
declaration is void.
ination procedure referred to in Article 57(2).

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14.12.2012 Official
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Union L
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2. If
the
Commission
receives
no
notice
of
opposition
or
no
(b) introduce essential changes to the production method; or
admissible reasoned statement of opposition under Article 51, it
shall adopt implementing acts, without applying the procedure
referred to in Article 57(2), registering the name.
(c) include a change to the name, or to any part of the name of
the product.
3. If
the
Commission
receives
an
admissible
reasoned
statement of opposition, it shall, following the appropriate
The scrutiny of the application shall focus on the proposed
consultations referred to in Article 51(3), and taking into
amendment.
account the results thereof, either:
3. In
order
to
facilitate
the
administrative
process
of
an
(a) if an agreement has been reached, register the name by
amendment application, including where the amendment does
means of implementing acts adopted without applying the
not involve any change to the single document and where it
procedure referred to in Article 57(2), and, if necessary,
concerns a temporary change in the specification resulting from
amend the information published pursuant to Article 50(2)
the imposition of obligatory sanitary or phytosanitary measures
provided such amendments are not substantial; or
by the public authorities, the Commission shall be empowered
to adopt delegated acts, in accordance with Article 56, comple
(b) if an agreement has not been reached, adopt implementing
menting the rules of the amendment application process.
acts deciding on the 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, form and presentation of an
4. Acts
of
registration
and
decisions
on
rejection
shall
be amendment application. Those implementing acts shall be
published in the Official Journal of the European Union.
adopted in accordance with the examination procedure
referred to in Article 57(2).
Article 53
Amendment to a product specification
Article 54
1. A
group
having
a
legitimate
interest
may
apply
for
Cancellation
approval of an amendment to a product specification.
1. The Commission may, on its own initiative or at the
request of any natural or legal person having a legitimate
Applications shall describe and give reasons for the
interest, adopt implementing acts to cancel the registration of
amendments requested.
a protected designation of origin or of a protected geographical
indication or of a traditional speciality guaranteed in the
2. Where
the
amendment
involves
one
or
more
amendments following cases:
to the specification that are not minor, the amendment appli
cation shall follow the procedure laid down in Articles 49 to
(a) where compliance with the conditions of the specification is
52.
not ensured;
However, if the proposed amendments are minor, the
Commission shall approve or reject the application. In the
(b) where no product is placed on the market under the tradi
event of the approval of amendments implying a modification
tional speciality guaranteed, the protected designation of
of the elements referred to in Article 50(2), the Commission
origin or the protected geographical indication for at least
shall publish those elements in the Official Journal of the European
seven years.
Union.
The Commission may, at the request of the producers of
For an amendment to be regarded as minor in the case of the
product marketed under the registered name, cancel the
quality scheme described in Title II, it shall not:
corresponding registration.
(a) relate to the essential characteristics of the product;
Those implementing acts shall be adopted in accordance with
(b) alter the link referred to in point (f)(i) or (ii) of Article 7(1);
the examination procedure referred to in Article 57(2).
(c) include a change to the name, or to any part of the name of
2. In
order
to
ensure
legal
certainty
that
all
parties
have
the
the product;
opportunity to defend their rights and legitimate interests, the
Commission shall be empowered to adopt delegated acts, in
(d) affect the defined geographical area; or
accordance with Article 56 complementing the rules regarding
the cancellation process.
(e) represent an increase in restrictions on trade in the product
or its raw materials.
The Commission may adopt implementing acts laying down
detailed rules on procedures and form of the cancellation
For an amendment to be regarded as minor in the case of the
process, as well as on the presentation of the requests
quality scheme described in Title III, it shall not:
referred to in paragraph 1 of this Article. Those implementing
acts shall be adopted in accordance with the examination
(a) relate to the essential characteristics of the product;
procedure referred to in Article 57(2).

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L 343/22
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Official Journal of the European Union
14.12.2012
TITLE VI
It shall take effect the day following the publication of the
decision in the Official Journal of the European Union or at a
PROCEDURAL AND FINAL PROVISIONS
later date specified therein. It shall not affect the validity of
CHAPTER I
any delegated acts already in force.
Local farming and direct sales
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Article 55
notify it simultaneously to the European Parliament and to the
Reporting on local farming and direct sales
Council.
No later than 4 January 2014 the Commission shall present a
report to the European Parliament and to the Council on the
5. A delegated act adopted pursuant to the second
case for a new local farming and direct sales labelling scheme to
subparagraph of Article 2(1), Article 5(4), the first subparagraph
assist producers in marketing their produce locally. That report
of Article 7(2), the first subparagraph of Article 12(5),
shall focus on the ability of the farmer to add value to his
Article 16(2), Article 18(5), the first subparagraph of
produce through the new label, and should take into account
Article 19(2), the first subparagraph of Article 23(4),
other criteria, such as the possibilities of reducing carbon
Article 25(3), Article 29(4), Article 30, Article 31(3) and (4),
emissions and waste through short production and distribution
Article 41(3), Article 42(2), the first subparagraph of
chains.
Article 49(7), the first subparagraph of Article 51(6), the first
subparagraph of Article 53(3) and the first subparagraph of
Article 54(2) shall enter into force only if no objection has
That report shall, if necessary, be accompanied by appropriate
been expressed either by the European Parliament or the
legislative proposals on the creation of a local farming and
Council within a period of two months of notification of that
direct sales labelling scheme.
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.
CHAPTER II
That period shall be extended by two months at the initiative of
the European Parliament or of the Council.
Procedural rules
Article 56
Article 57
Exercise of the delegation
Committee procedure
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the 1. The
Commission
shall
be
assisted
by
the
Agricultural
Commission subject to the conditions laid down in this Article.
Product Quality Policy Committee. That committee shall be a
committee within the meaning of Regulation (EU) No
182/2011.
2. The power to adopt delegated acts referred to in the
second subparagraph of Article 2(1), Article 5(4), the first
subparagraph of Article 7(2), the first subparagraph of
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Article 12(5), Article 16(2), Article 18(5), the first subparagraph
Regulation (EU) No 182/2011 shall apply.
of Article 19(2), the first subparagraph of Article 23(4),
Article 25(3), Article 29(4), Article 30, Article 31(3) and (4),
Article 41(3), Article 42(2), the first subparagraph of
Where the committee delivers no opinion, the Commission
Article 49(7), the first subparagraph of Article 51(6), the first
shall not adopt the draft implementing act and the third
subparagraph of Article 53(3) and the first subparagraph of
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
Article 54(2) shall be conferred on the Commission for a
shall apply.
period of five years from 3 January 2013. The Commission
shall draw up a report in respect of the delegation of power
CHAPTER III
not later than nine months before the end of the five-year
period. The delegation of power shall be tacitly extended for
Repeal and final provisions
periods of an identical duration, unless the European Parliament
Article 58
or the Council opposes such extension not later than three
months before the end of each period.
Repeal
1. Regulations (EC) No 509/2006 and (EC) No 510/2006 are
3. The
delegation
of
power
referred
to
in
the
second hereby repealed.
subparagraph of Article 2(1), Article 5(4), the first subparagraph
of Article 7(2), the first subparagraph of Article 12(5),
However, Article 13 of Regulation (EC) No 509/2006 shall
Article 16(2), Article 18(5), the first subparagraph of
continue to apply in respect of applications concerning
Article 19(2), the first subparagraph of Article 23(4),
products falling outside the scope of Title III of this Regulation,
Article 25(3), Article 29(4), Article 30, Article 31(3) and (4),
received by the Commission prior to the date of entry into force
Article 41(3), Article 42(2), the first subparagraph of
of this Regulation.
Article 49(7), the first subparagraph of Article 51(6), the first
subparagraph of Article 53(3) and the first subparagraph of
Article 54(2) may be revoked at any time by the European
2. References
to
the
repealed
Regulations
shall
be
construed
Parliament or by the Council. A decision to revoke shall put
as references to this Regulation and be read in accordance with
an end to the delegation of the power specified in that decision.
the correlation table in Annex II to this Regulation.

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EN
14.12.2012 Official
Journal
of
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European
Union L
343/23
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.
Done at Strasbourg, 21 November 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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L 343/24
EN
Official Journal of the European Union
14.12.2012
ANNEX I
AGRICULTURAL PRODUCTS AND FOODSTUFFS REFERRED TO IN ARTICLE 2(1)
I. Designations of Origin and Geographical indications
— beer,
— chocolate and derived products,
— bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
— beverages made from plant extracts,
— pasta,
— salt,
— natural gums and resins,
— mustard paste,
— hay,
— essential oils,
— cork,
— cochineal,
— flowers and ornamental plants,
— cotton,
— wool,
— wicker,
— scutched flax,
— leather,
— fur,
— feather.
II. Traditional specialities guaranteed
— prepared meals,
— beer,
— chocolate and derived products,
— bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
— beverages made from plant extracts,
— pasta,
— salt.

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EN
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European
Union L
343/25
ANNEX II
CORRELATION TABLE REFERRED TO IN ARTICLE 58(2)
Regulation (EC) No 509/2006 This
Regulation
Article 1(1) Article
2(1)
Article 1(2) Article
2(3)
Article 1(3) Article
2(4)
Article 2(1), point (a) Article
3,
point
(5)
Article 2(1), point (b) Article
3,
point
(3)
Article 2(1), point (c)
—
Article 2(1), point (d) Article
3,
point
(2)
Article 2(2), first to third subparagraph
—
Article 2(2), fourth subparagraph
—
Article 3 Article
22(1)
Article 4(1), first subparagraph Article
18(1)
Article 4(2) Article
18(2)
Article 4(3), first subparagraph
—
Article 4(3), second subparagraph Article
18(4)
Article 5(1) Article
43
Article 5(2) Article
42(1)
Article 6(1) Article
19(1)
Article 6(1), point (a) Article
19(1),
point
(a)
Article 6(1), point (b) Article
19(1),
point
(b)
Article 6(1), point (c) Article
19(1),
point
(c)
Article 6(1), point (d)
—
Article 6(1), point (e) Article
19(1),
point
(d)
Article 6(1), point (f)
—
Article 7(1) and (2) Article
49(1)
Article 7(3), points (a) and (b) Article
20(1),
points
(a)
and
(b)
Article 7(3), point (c)
—
Article 7(3), point (d)
—
Article 7(4) Article
49(2)

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L 343/26
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Official Journal of the European Union
14.12.2012
Regulation (EC) No 509/2006 This
Regulation
Article 7(5) Article
49(3)
Article 7(6), points (a), (b) and (c) Article
49(4)
Article 7(6), point (d) Article
20(2)
Article 7(7) Article
49(5)
Article 7(8) Article
49(6)
Article 8(1) Article
50(1)
Article 8(2), first subparagraph Article
50(2),
point
(b)
Article 8(2), second subparagraph Article
52(1)
Article 9(1) and (2) Article
51(1)
Article 9(3) Article
21(1)
and
(2)
Article 9(4) Article
52(2)
Article 9(5) Article
52(3)
and
(4)
Article 9(6) Article
51(5)
Article 10 Article
54
Article 11 Article
53
Article 12 Article
23
Article 13(1)
—
Article 13(2)
—
Article 13(3)
—
Article 14(1) Article
36(1)
Article 14(2) Article
46(1)
Article 14(3) Article
37(3),
second
subparagraph
Article 15(1) Article
37(1)
Article 15(2) Article
37(2)
Article 15(3) Article
39(2)
Article 15(4) Article
36(2)
Article 16
—
Article 17(1) and (2) Article
24(1)
Article 17(3) Article
24(2)

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Regulation (EC) No 509/2006 This
Regulation
Article 18 Article
57
Article 19(1), point (a)
—
Article 19(1), point (b) Article
49(7),
second
subparagraph
Article 19(1), point (c) Article
49(7),
first
subparagraph
Article 19(1), point (d) Article
22(2)
Article 19(1), point (e) Article
19(1),
point
(f)
Article 51(6) Article
54(1)
Article 19(1), point (g) Article
23(4)
Article 19(1), point (h)
—
Article 19(1), point (i)
—
Article 19(2) Article
25(1)
Article 19(3), point (a)
—
Article 19(3), point (b) Article
25(2)
Article 20 Article
47
Article 21 Article
58
Article 22 Article
59
Annex I Annex
I
(Part
II)
Regulation (EC) No 510/2006 This
Regulation
Article 1(1) Article
2(1)
and
(2)
Article 1(2) Article
2(3)
Article 1(3) Article
2(4)
Article 2 Article
5
Article 3(1), first subparagraph Article
6(1)
Article 3(1), second and third subparagraph Article
41(1),
(2)
and
(3)
Article 3(2), (3) and (4) Article
6(2),
(3)
and
(4)
Article 4 Article
7
Article 5(1) Article
3,
point
(2),
and
Article
49(1)

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L 343/28
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Official Journal of the European Union
14.12.2012
Regulation (EC) No 510/2006 This
Regulation
Article 5(2) Article
49(1)
Article 5(3) Article
8(1)
Article 5(4) Article
49(2)
Article 5(5) Article
49(3)
Article 5(6) Article
9
Article 5(7) Article
8(2)
Article 5(8)
—
Article 5(9), first subparagraph
—
Article 5(9), second subparagraph Article
49(5)
Article 5(10) Article
49(6)
Article 5(11)
—
Article 6(1), first subparagraph Article
50(1)
Article 6(2), first subparagraph Article
50(2),
point
(a)
Article 6(2), second subparagraph Article
52(1)
Article 7(1) Article
51(1),
first
subparagraph
Article 7(2) Article
51(1),
second
subparagraph
Article 7(3) Article
10
Article 7(4) Article
52(2)
and
(4)
Article 7(5)
Article 51(3) and Article 52(3) and (4)
Article 7(6) Article
11
Article 7(7) Article
51(5)
Article 8 Article
12
Article 9 Article
53
Article 10(1) Article
36(1)
Article 10(2) Article
46(1)
Article 10(3) Article
37(3),
second
subparagraph
Article 11(1) Article
37(1)
Article 11(2) Article
37(2)

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Regulation (EC) No 510/2006 This
Regulation
Article 11(3) Article
39(2)
Article 11(4) Article
36(2)
Article 12 Article
54
Article 13(1) Article
13(1)
Article 13(2) Article
13(2)
Article 13(3) Article
15(1)
Article 13(4) Article
15(2)
Article 14 Article
14
Article 15 Article
57
Article 16, point (a) Article
5(4),
second
subparagraph
Article 16, point (b)
—
Article 16, point (c)
—
Article 16, point (d) Article
49(7)
Article 16, point (e)
—
Article 16, point (f) Article
51(6)
Article 16, point (g) Article
12(7)
Article 16, point (h)
—
Article 16, point (i) Article
11(3)
Article 16, point (j)
—
Article 16, point (k) Article
54(2)
Article 17 Article
16
Article 18 Article
47
Article 19 Article
58
Article 20 Article
59
Annex I and Annex II Annex
I
(Part
I)

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