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21.9.2013 Official
Journal
of
the
European
Union L
251/7
COMMISSION REGULATION (EU) No 907/2013
of 20 September 2013
setting the rules for applications concerning the use of generic descriptors (denominations)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) It
is
appropriate
to
allow
trade
associations
representing
specific food sectors to submit applications on behalf of
Having regard to the Treaty on the Functioning of the European
their members, in order to avoid multiple applications in
Union,
respect of the same generic descriptor (denomination).
Having regard to Regulation (EC) No 1924/2006 of the
(5) In
order,
inter
alia,
to
ensure
a
high
level
of
protection
European Parliament and of the Council of 20 December
for consumers, the use of claims should not be false,
2006 on nutrition and health claims made on foods (
ambiguous or misleading. The same principle should

1 ), and
in particular Article 1(4) thereof,
apply for the use of generic descriptors (denominations)
which could imply an effect on health. In order to
Whereas:
achieve such objective and in line with the principle of
proportionality, national authorities will have to exercise
(1) Pursuant
to
Article
1(4)
of
Regulation
(EC)
No
their own faculty of judgment, having regard to the case-
1924/2006 specific generic descriptors (denominations)
law of the Court of Justice, to determine the typical
which have traditionally been used to indicate a particu
reaction of the average consumer in a given case.
larity of a class of foods or beverages which could imply
(6) Generic
descriptors
(denominations)
should
correspond
an effect on health may be exempted from the appli
to a period of at least 20 years proven usage within
cation of that Regulation following an application by
the Member State(s) prior to the date of entry into
the food business operators concerned.
force of this Regulation.
(2) In
order
to
ensure
that
applications
on
generic (7) Member
States
have
been
consulted,
descriptors are dealt with transparently and within a
reasonable time, Article 1(4) of Regulation (EC) No
HAS ADOPTED THIS REGULATION:
1924/2006 requires the Commission to adopt and
Article 1
make public the rules according to which such appli
cations shall be made.
Applications concerning the use of generic descriptors (denomi
nations) within the meaning of Article 1(4) of Regulation (EC)
(3)
The rules should ensure that the application is compiled
No 1924/2006 shall be submitted and presented in accordance
in a way which presents and provides all the necessary
with the rules set out in the Annex.
information for the assessment of the application.
Article 2
Furthermore they should not prevent the Commission
from requiring supplementary information, where appro
This Regulation shall enter into force on the twentieth day
priate and depending on the nature of the generic
following that of its publication in the Official Journal of the
descriptor and the extent of the derogation applied for.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 September 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 404, 30.12.2006, p. 9.

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L 251/8
EN
Official Journal of the European Union
21.9.2013
ANNEX
PART A
Submission of the application
1. The application may be made for the use of a generic descriptor in one or more Member States. This application shall
be submitted to the national competent authority of a single Member State (hereafter referred to as the ‘recipient
Member State’). Operators may choose the Member State to which to submit their application among those Member
States where the generic descriptor is used.
2. The application shall be submitted electronically including all the elements listed in Part B of this Annex. Member
States may request a paper copy if they require it. For the data referred to in Part B, points 1.5 and 2 of this Annex a
list of references alone is not sufficient.
3. On receipt of an application the national competent authority of the recipient Member State shall:
— acknowledge receipt of the application in writing within 14 days of its receipt. The acknowledgement shall state
the date of receipt of the application,
— inform without delay the Commission by forwarding the summary of the application,
— where appropriate, forward the full application to any other Member State(s) for which the application concerning
the use of the generic descriptor is made (hereafter referred to as the ‘Member State(s) concerned’),
— if the Member State(s) concerned consider(s) that the application does not contain data and information as foreseen
in Part B of the Annex, it/they shall inform the recipient Member State within 4 weeks.
4. The recipient Member State shall verify, without delay, and taking into account information provided by the Member
State(s) concerned, whether the application contains all required information as listed in Part B of this Annex. Where
the application does not contain all the elements required under Part B of this Annex, the recipient Member State shall
request the necessary additional information from the applicant and inform the applicant of the period within which
that information shall be provided.
5. An application shall be considered as not valid in cases where an applicant does not provide further information as
requested by the recipient Member State. In such a case the recipient Member State shall inform the applicant, the
Commission and any other Member State(s) concerned indicating the reasons why the application is considered not
valid. The applicant shall be given the possibility to re-submit the same application excluding the Member State(s) for
which requested data was not provided.
6. The recipient Member State shall forward the valid application to the Commission and to all Member States, without
delay and inform the applicant thereof. The Commission shall acknowledge receipt of the valid application to the
recipient Member State in writing within 14 days of its receipt.
7. The recipient Member State and the Member State(s) concerned shall provide their opinion to the Commission within
6 weeks from the date of transmission of the valid application. The opinion shall state whether the generic descriptor
fulfils the conditions for obtaining an exemption pursuant to Article 1(4) of Regulation (EC) No 1924/2006, and
whether it is supported by the elements referred to in Part B, points 1.3, 1.4, 1.5 and, as the case may be, point 2 of
this Annex, and shall give the reasons justifying that opinion. The opinions shall be submitted in writing. Other
Member States may also provide their opinion on the application to the Commission by the same deadline and under
the same modalities.
8. After receiving the valid application from a Member State, and the opinion(s) referred to in point 7 of this Part of the
Annex, the Commission may, within a reasonable time, initiate the procedure of approval of the generic descriptor
pursuant to Article 1(4) of Regulation (EC) No 1924/2006.
PART B
Content of the application
1. Mandatory
information
The application shall consist of the following:
1.1. A summary of the application that shall include:
— the name and the address of the applicant,
— the generic descriptor subject to the application,
— a brief description of the particularity of the class of foods or beverages which the generic descriptor covers, and
— the Member State(s) for which the application concerning the use of the generic descriptor is made by the
applicant.

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EN
21.9.2013 Official
Journal
of
the
European
Union L
251/9
1.2. Applicant
Name, address and contact details of the food business operator submitting an application and/or of the person
authorised to communicate with the Commission on behalf of the applicant.
Applications for the authorisation of a generic descriptor may also be submitted by trade associations, acting on
behalf of their members and shall include the name, address and contact details of the trade association submitting
an application and/or of the person authorised to communicate with the Commission on behalf of the trade
association. Information about the support of the application by the members of the trade association would be
desirable.
1.3. The generic descriptor subject to the application
1. The generic descriptor as used in the language(s) where it is traditionally used. A description of the generic
descriptor in English, where appropriate.
2. The Member State(s) where the generic descriptor is used.
1.4. The class of foods or beverages which the generic descriptor covers
1. An indication of the class of foods or beverages marketed under the generic descriptor for which the application
is made.
2. A detailed description, highlighting the particularity and the elements that distinguish the class of foods or
beverages marketed under the generic descriptor, for which the application is made, from other products
falling within the same class of foods or beverages.
1.5. Supporting data in relation to the use of the generic descriptor
Relevant bibliographical or otherwise verifiable evidence demonstrating the presence on the market of the class of
foods or beverages with the generic descriptor, over at least a 20-year period, in the Member State(s), prior to the
date of entry into force of this Regulation.
2. Additional
information
that
must
be
provided
if
requested
on
the
Member
States’
initiative:
supporting
data
in
relation
to
the
understanding/perception of the consumer
Recipient Member States and the Member State(s) concerned may require the additional data by the applicant on the
following types of information, prior to the submission of the application to the Commission, where they consider it
necessary for the assessment of the application:
— relevant evidence or information related to consumer understanding and perception of the effects that could be
implied by the generic descriptor. Such data shall cover the Member State(s) where the generic descriptor is used,
— relevant evidence or information demonstrating that the consumer links the generic descriptor with the specific
class of foods or beverages mentioned in point 1.4 of this part of the Annex.
3. Any
additional
information
(optional)

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